Officer Report

Application No.: 17/00769/A Applicant: Mr Peter Bruce Proposal: Approval in principle to erect a dwelling and garage within the grounds, including siting and means of access Site Address: Strathallan House (formerly Calvary House And Cottage) Strathallan Road Onchan Isle Of Man IM2 4PN Case Officer : Miss Lucy Kinrade Photo Taken: 06.09.2017 Site Visit: 06.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 21.06.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Notwithstanding the submitted illustrative drawings, approval of the details of design, external appearance of the dwelling, internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced; these details shall include but are not limited to: -

• (a) the provision to be made for the parking and turning of vehicles within the site;
• (b) the surface treatment of any parking area or amenity space and other parts of the site which will not be covered by buildings;
• (c) all external materials to be used in the development;
• (d) existing and proposed ground, floor and ridge levels;

• (e) details of boundary treatments;
• (f) hard/soft landscaping;
• (g) tree planting and protection measures.

Reason: To comply with the Town and Country Planning (Development Procedure) (No.2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with Strategic Policy 5 and General Policy 2.

• C 4. The access and visibility splays identified on drawing 5B; shall be constructed in accordance with the approved plans prior to the commencement of any other works for the development of the dwelling, and the splays kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level thereafter.

Reason: In the interests of highway safety and to ensure the suitable provision of access in order to facilitate development.

• C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area. Plans/Drawings/Information;

This approval relates to drawing numbers 16TS043-01, 2, 3 and site photographs date stamped and received 19/07/2017, drawing numbers 1A, 4A, 5B and 6, and a letter from the agent and supporting design statement all date stamped and received 21/03/2018.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to be directly affected by the proposals or to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

• - the owners of No. 7 Strathallan Park. Onchan, IM3 1NP
• - the representative of the Friends of Onchan's Heritage, 52 Alberta Drive, Onchan IM3 1LX _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE RESIDENTIAL PROPOSAL IS CONTRARY TO THE OPEN SPACE DESIGNATION OF THE SITE ON THE DOUGLAS LOCAL PLAN

THE SITE

1.1 The application site comprises the residential curtilage of Strathallan House sitting on a steep sloping corner plot where Strathallan Road and Summerhill Road meet. The existing property sits at the highest northern end of the site and has a split level two storey design with upper level vehicle access from the Strathallan Road and lower ground level vehicle access from Summerhill Road.

1.2 Within the sloping site and located opposite the lower Summerhill access is an existing hipped roof detached triple garage in front of which sits a large area of paved vehicle hardstanding covering the entire lower part of the site. - 1.3 Beyond the area of level paved hard standing is sloping shrub land which descends steeper the further south you go towards the promenade. Nearest the southernmost boundary and along the rear of the properties of Strathallan Crescent fronting Douglas Promenade the site is colonised by dense vegetation and a number of trees. - 1.4 The entire site is designated on the Douglas Local Plan as Private Woodland, and it is understood that the site is the former Calgary Glen. THE PROPOSAL

2.1 The current application in principle is for the demolition of the existing triple garage and the erection of a new residential dwelling within the existing residential curtilage of Strathallan House and within the bounds of the existing area of paved hard standing. - 2.2 The application is to determine the principle, siting and means of access at this stage only. All other matters are to be reserved. - 2.3 The proposed new access is to be formed adjacent to the existing Summerhill access and will include alterations to the existing stone boundary wall to form the new access and create suitable visibility splays. - 2.4 Siting of the proposed dwelling forms a reverse 'L' shape towards the southern side of the existing hard standing. The main body of the dwelling runs 18.5m along the southern boundary at a width of 9.5m and 21m along the eastern boundary at a width of 7m. - 2.5 The indicative drawings for the dwelling indicate a split level design with the dwelling appearing single storey from within the site and two storey from Douglas Promenade. The submitted section indicates that the dwelling will be of a flat roof design and will include an integral garage area. - 2.6 A 4m extension beyond the existing line of the hard standing is proposed to allow for the creation of a levelled grassed area for the dwelling. Beyond this line no other alterations are proposed (this area outlined in blue on the submitted location plan). PLANNING HISTORY

3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;

• o 88/00782/A - Approval in principle to conversion of former cafe to living accommodation, including vehicular hard standing - APPROVED
• o 90/00760/B - Extension and conversion of former cafe to provide living accommodation

- APPROVED

• o 93/01480/B - Erection of fence - APPROVED AT APPEAL
• o 97/00296/B - Alterations and extensions to dwelling and vehicular access alterations APPROVED
• o 98/01844/B - Creation of vehicular access off Summerhill Road and erection of garage APPROVED
• o 00/00086/B - Erection of replacement boundary wall to Summerhill Road - REFUSED AT APPEAL
• o 01/01810/B - Erection of fence - PERMIT ON REVIEW PLANNING POLICY

4.1 The site lies within an area designated as Open Space Private Woodland on the Douglas Local Plan of 1998. In addition to the local plan, we have more recently had published the Draft Area Plan for the East on 25th May 2018. Within this document the Strathallan site is identified as being two separate uses, the lower section nearest the promenade is designated as 'Open Space' while the upper area of hard standing and the existing dwelling is designated as 'Residential' use including the site of the proposed dwelling. The site is not part of the Douglas Promenades Conservation Area.

4.2 In the case of this application it is likely that we will have to consider a number of policies from the IOM Strategic Plan (referred to below) which relate to the directing of development towards existing town centres, making use of previously developed land, ensuring sufficient open space is provided for and any loss does not impact the community, that no unacceptable damage or loss is caused to existing woodland areas and lastly ensuring that any proposal for a new dwelling meets with the general standards towards development. - 4.3 Strategic Policy 1: Development should make the best use of resources by:

• a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials;
• b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
• c) being located so as to utilise existing and planned infrastructure, facilities and services in the assessment and determination of the application.

4.4 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 4.5 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." - 4.6 Recreation Policy 2: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

4.7 General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses;

• e) does not affect adversely public views of the sea;
• f) incorporates where possible existing topography and landscape features, particularly tress and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) is designed having due regard to best practice in reducing energy consumption.

4.8 As a general principle, development should accord with the Strategic Aim which is:

"To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

REPRESENTATIONS 5.1 Highway Services commented on the original scheme on 03/09/2017 stating concerns for the proposed access and visibility splays from this proposed access, the Highways Officer suggested a site meeting would be helpful to discuss. Following the site visit it was recommended that the existing and proposed side by side access have a 3m wall between them to help define each particularly from Summerhill Road.

5.2 On receipt and re-advertising of revised drawings Highway Services provided further comments on the application 31/05/2018 stating that the proposal now details acceptable visibility splays in both directions and provides sufficient off road parking and turning areas. Highway Services have stated that they do not oppose subject to three suitably worded conditions relating to the provision of the visibility splays prior to the commencement of any construction at the site, the provision within a reserved matters application of a minimum of 2 off road parking spaces and on site turning space and reserved matters detailing a maximum 1:12 gradient between the Highway and front door to ensure suitable pedestrian and disability access. - 5.3 Douglas Borough Council confirmed on both 11/07/2017 and 03/05/2018 that they had

no objections to the application.

5.4 The owner No. 7 Strathallan Park wrote in on the application on 27/04/2018 asking if they would be granted interest person status (IPS) as they overlook the development. Following a phone call and follow up email to the owner of No. 7 it was explained how the process for IPS worked and that based on their current comments they would not be granted IPS. The owner of No. 7 expressed concern for the height of the building and that they could not understand the drawings. The heights and split level design was explained and a section drawing included in the follow up email dated 30/05/2018. Since which no further comments have been received. - 5.5 A representative of The Friends of Onchan's Heritage (FOH) also wrote in commenting on the application on 09/05/2018 highlighting that the boundary wall of Strathallan (formerly

Calvary Glen) may still be under the ownership of MER as the walls had MER advertising hoardings fixed to them. The representative of FOH states the unknowingness of ownership may complicate the proposals within the application for this wall.

ASSESSMENT

6.1 The current application for the approval in principle of a new residential dwelling within the grounds of existing property Strathallan House. At this stage it is only necessary to consider whether the principle of development is acceptable, whether the proposed means of access is acceptable and whether or not the siting of the development is appropriate and acceptable. All other matters are to be determined at a later date.

PRINCIPLE

6.2 There are two key considerations to give weight to in assessing the principle of the proposed development, the Douglas Local Plan (DLP) and The Area Plan for the East (TAPE).

6.3 The DLP designates the entire site as Open Space (private woodland) which is likely reflective of its historic use as Calvary Glen. However, it is clear now that there is an established residential use of Strathallan House (PA's 88/00782/A and 90/00760/B) and furthermore an established residential curtilage formed within the site by the vast area of domestic paved hard standing surrounding the existing triple car garage which is unquestionably in use by the main dwelling. This established residential use has further been recognised in the recent publication of the draft version of TAPE where the site has been designated as residential use up to the extent of this hard standing, beyond which the sloping part of the site remains designated as open space. - 6.4 The original drawings for the application encompassed the entire site (hard standing and slope) within the red line boundary, resulting in a proposal for the change of use and significant loss of designated open space to residential without justification or evidence of need. In order to reflect the established arrangement of the site the agent and applicant sought to amend the siting of the proposed dwelling to be within the existing area of hard standing and revise the red line to remove the sloping bank and open space thus eliminating the concern for the loss of the designated open space and protecting its future as an area of public amenity offering a visual break in development. - 6.5 The amended red line for the application will seek to contain the proposed development within the northernmost part of the site that is already established as residential use and will ultimately ensure that there is no unacceptable loss or future domestication of the designated open space. MEANS OF ACCESS - 6.6 This approval in principle seeks determination now for the introduction of a new access for the site to be used only by the proposed dwelling. As existing Strathallan House benefits from two vehicle accesses, the third proposed access is to sit side by side with the existing access on Summerhill Road. The creation of the access will require the alteration, re-alignment and modification of the existing stone boundary wall in order to provide suitable visibility splays and ensure no obstruction of this wall within these splays above 1.05m. - 6.7 Following discussions with Highway Services it was considered that a 3m separation gap was required between the existing and proposed accesses along Summerhill Road in order to limit confusion for anyone visiting the dwellings. In response the agent sought to provide a revised drawing detailing the proposed access including the 3m wall between the two accesses. - 6.8 On receipt and recirculation of the revised drawings updated comments were received from Highway Services who stated that the new access would be provided with suitable visibility splays and the internal arrangement of the site provided suitable and sufficient off road parking and turning areas. Highway Services concluded that they do not oppose the

• application subject to two conditions relating to the provision of visibility splays and details of the gradient between the highway and front door being no more than 1:12.
• 6.9 Further to the above and minded of the ownership comments raised by the representative of FOH with regards to the wall, if a suitably worded condition requiring the access and works to the boundary wall being completed prior to the commencement of any other development will seek to protect the site. Ultimately if the applicant is not in ownership of the wall or received a legal agreement to carry out the works the access cannot be formed to facilitate the new dwelling. SITING
• 6.10 The proposed dwelling forms a reverse 'L' shape wrapping the southern and eastern corner of the existing hard standing and on top of the existing footprint of the triple garage. It formation will allow for an internal courtyard area for access and turning and parking of vehicles. The siting of the property on the edge of the hard standing and nearest the slope will allow for the proposed dwelling to make best use of the topography by introducing a split level design. This split level will allow for the applicant to have two stories of residential accommodation while maintaining a low level design appearing single storey from within the site and from the adjacent neighbours helping to limit the visual impact.
• 6.11 The indicative footprint includes integral garage for the main dwelling and external areas of amenity space surrounding the dwelling which would provide sufficient area for bin storage and general amenity for seating and drying clothes. When looking to the immediate surroundings the footprint, curtilage and amenity space of the proposal is comparable to others properties in the immediate area and would not result in an over development of the site. SUMMARY
• 6.12 Throughout the process of the application the applicant and agent has sought to revise the scheme to meet with the concerns of the Department for the change of use of the Open Space. Minded that the new dwelling is now sited within the extents of the existing established residential curtilage and the red line removes the lower open space of the site it is considered that the development will have a limited impact on the loss of the designated open space as per the DLP and will harmonise with the designations as set out in the draft area plan for the east. The proposal will utilises the sloping topography of the site to allow for the provision of a reasonably sized dwelling with sufficient amenity space while maintaining a low level design limiting visual impact on the immediate adjacent neighbours and the main highway. The proposed dwelling will be provided with its own access adjacent to the existing access for Strathallan House, the works require the modification of the existing stone wall to ensure highway safety and visibility which has been considered acceptable by Highway Services.

RECOMMENDATION

7.1 The proposal will make best use of previously developed land within an existing town centre without adverse impact or unacceptable loss of designated open space. The proposal will not break the established line of residential use and will not result in an unacceptable spread of residential or domestic development within the site. The lower part of the site as indicated on the Draft Area Plan for the East will remain undisturbed and will continue to positively contribute to the natural break in development which the open space provides along this part of the Douglas Promenade coast line.

7.2 The application is recommended for approval subject to a number of conditions requiring the details of the reserved matters and including two suitably worded conditions regarding the provision of the access prior to any other works and the provision of gradient details for the site. INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• a) The applicant, or if there is one, the applicant's agent;
• b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• d) Highway Services Division of Department of Infrastructure and
• e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision-maker must determine:

• * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…02.07.2018 Signed :………L KINRADE……….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below

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