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Application No.: 18/00024/A Applicant: Mr Graham Garrett Proposal: Approval in principle for the erection of a dwelling to the rear of existing shop, including means of access Site Address: Sulby Shop Gara Aalin Main Road Sulby Isle Of Man IM7 2HR Principal Planner: Mr Chris Balmer Photo Taken: 25.01.2018 Site Visit: 25.01.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.06.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: In the interests of highway safety. Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers 1, 2 & 01 all received on 11th January 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 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 Isle Of Man Victorian Society _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 SITE - 1.1 The application site is the curtilage (0.22 acres) of the Sulby Shop, Gara Aalin, Main Road, Sulby. The property is part single part two storey, which is located on a corner plot with the Main Road to the north and the Sulby Glen Road to the east. The property has two distinct parts, the two storey aspect accommodates the existing shop, while the rear timber constructed single storey aspect accommodates a residential dwelling (Gara Aalin), which is interconnected with the shop, albeit does have its own separate entranceway (porch). To the south/southeast of the site are lawned areas with landscaping/trees along the southern and western boundaries of the site. The roadside boundary comprises of a Manx stone wall.
2.0 PROPOSAL - 2.1 The application seeks approval for the approval in principle for the erection of a dwelling to the rear of existing shop, including means of access which is for determination at this stage. - 2.2 The works include the demolition of the existing residential property and siting a new dwelling within the southern part of the site. No details are included within the application in terms of the size or design of the dwelling. These would be matters considered at any future Reserved Matters application. An indicative footprint is included on the submitted site plans. - 2.3 A new access would be created by the removal of part of the existing Manx stone wall, accessing directly onto the Sulby Glen Road. The access would have visibility splays of 2m x 34m in southeast direction and 2m x 19m in a northwest direction towards the crossroads. The new access would also serve a new off road parking area to the rear and associated with the shop. An additional space (layby arrangement is also proposed along the northeast roadside boundary.
3.0 DEVELOPMENT PLAN POLICIES - 3.1 The Sulby Local Plan Order 1999 designates the application site as being an area of "Retail" use. The site is not within a Conservation Area, nor within an area of Area of High Landscape Value and Scenic Significance. Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:-
3.2 Strategic Policy 1 states: "Development should make the best use of resources by:
3.3 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.4 Spatial Policy 4 also identified Sulby as being within a village where; "development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." - 3.5 General Policy 2 states: "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:
3.6 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." - 3.7 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
3.9 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.10 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 3.11 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)." - 3.12 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." - 3.13 The following paragraph taken from the Isle Of Man Strategic Plan is relevant to consider: "9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally." - 3.14 Sulby Local Plan Order 1999 POLICY : CM/P/2 states: "IMPROVEMENTS AND EXPANSION TO THE EXISTING RETAIL AND RESTAURANT USES WITHIN THE VILLAGE WILL BE ENCOURAGED. ANY PROPOSALS TO EXTEND THE EXISTING SHOP AT SULBY CROSS-ROADS WILL NEED TO INCLUDE PROVISION FOR OFF STREET PARKING. ANY CAR PARKING PROPOSALS SHOULD INCLUDE PROVISION FOR LANDSCAPING ALONG THE BOUNDARIES."
4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application. - 5.0 REPRESENTATIONS
5.1 Highway Services (received on 30.01.2018) do not object, making the following comments: "The application seeks approval in principle for the means of access to the development which consists of the erection of a new detached dwelling, to the rear of the existing shop, with a new vehicular access and site parking. Part of the existing building would need to be demolished to facilitate the proposals.
There is no site parking at present for the shop and cars currently park on the footway in front of the shop despite the presence of 'No Waiting At Any Time' restrictions. This is a highway safety issue as vehicles are manoeuvring on and off the footway at a junction crossroads on a main route where the A3 Main Road and A14 intersect. The visibility of vehicles approaching from four directions is limited for motorists driving off the footway.
The proposals would create a new site access on the A14 behind the shop to serve both the proposed dwelling and also provide off-street parking for the shop. The access would be at least 3.5m wide which is suitable for single file traffic. Although two-way traffic could not be accommodated, it is considered that traffic should be low as the access would only serve one dwelling and site parking for a small local shop. The number of occasions when two vehicles would meet on the site access should therefore be very few and there is adequate manoeuvring space within the site for two vehicles to pass each other.
The speed limit on the A14 adjacent to the proposed access is 40mph although this is reduced to 30mph to the south east of the site just before reaching the vehicular access behind Sulby Chapel. The proposed site layout & access plan (drawing no. 17 1241/2) shows that the new access could achieve visibility splays of 2m x 34m to the south east (offset 0.7m out from the carriageway edge) and 2m x 19m to the north west to the stop line of the A14 with the A3 Main Road. These splays are less than the design standards that are usually applied for 40mph traffic. However, the location of the new access 19m from the stop line to the north west and 34m to the highway bend to the south east means that it is not possible to achieve greater visibility. Vehicles should be travelling slower than the speed limit to negotiate the bend and to stop at the stop line. Providing a new access and transferring parking for the shop from the shop frontage footway to the rear represents a significant highway safety benefit. On this basis the reduced visibility standards are deemed acceptable, particularly due to the location of the access on the A14 where traffic should be travelling at a lower speed than the speed limit.
The parking standards in 'The Isle of Man Strategic Plan 2016' require 2 car parking spaces for a new dwelling. The proposed site layout & access plan shows that there is sufficient room on the site to provide 2 spaces for the dwelling, and 2 additional spaces to the rear of the shop for staff and customers. All spaces would be at least 2.5m x 5m in size and there would be adequate on-site turning space to allow all vehicles to enter and exit the site in forward gear. A planning condition would be required to ensure this level of parking and vehicle manoeuvring space is provided as part of any future reserved matters planning application. A planning condition would also be needed to ensure that a suitable footway is provided between the shop and rear parking area to ensure pedestrian access is safe, appropriate and would encourage full use of the rear parking facility. A minimum footway width of 2m should be provided which would require the removal of the existing gate. No replacement gate should be used to ensure that wheelchair users would have easy access to the shop.
A lay-by of 2.5m x 5m in size plus taper for vehicle manoeuvring is proposed on the A14 to the side of the shop and adjacent to the new access. This would provide a further parking space for shop staff and customers in a safer alternative location than the footway in front of the shop.
A Section 109a application is required for the new site access and new lay-by. Highway Services does not oppose this application subject to the following conditions: Prior to any construction the access shown on drawing no. 17 1241/2 dated October 2017 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety.
Any application for reserved matters shall include details of the pedestrian access between the shop and parking area to its rear.
Reason: In the interest of highway safety.
Any application for reserved matters shall include details of the car parking and manoeuvring areas for the dwelling and the rear of the shop, which shall include at least 2 spaces for each use.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
Recommendation: DNOC" Following these comments the applicant provided a plan showing visibility splays from each entrance. Highways made the following comments (07.06.18):
"The drawing provided does not adequately show the visibility in accordance with the information provided to the applicant; however visibility will be achieved if there are no walls, fences or planting above the height of 1m along the boundaries of the properties and the footway."
Consequently, Highway Services and the Applicant agreed a condition could be attached to deal with the issue of visibility splays.
5.2 Lezayre Parish Commissioners recommend an approval (02.03.2018).
5.3 The Assistant Arboricultural Officer (30.01.2018) comments that the majority of trees on the site are of poor quality (U rated) which are no worthy of consideration; There is a large Holly located to the north of the site adjacent to the A14 which is better quality and worthy of note, which is a tree marked to be remove; although the siting and design is not being determined at this stage if a dwelling of the size indicated is eventually constructed, it is likely that most of the trees on the site will be unsuitable for retention; and any Reserved Matters application should include a landscaping proposals including tree planting to mitigate for the loss of trees from the site. - 5.4 The Isle Of Man Victorian Society initially commented that (06.03.2018) while they have no objections to the proposal they note that the rear timber constructed building could be a recycled ex Knockaloe Alien Internee hut; only further investigation will reveal it this is the case or not; we request that the opportunity is given to the Manx Museum, The Knockaloe Heritage Trust and ourselves to Inspect prior to demolition. Following further investigation the Isle Of Man Victorian Society comment (22.03.18) that the building is not a Knockaloe Alien Internee hut.
6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; and (c) potential impact upon the visual amenities of the street scenes. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES
6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is designated for development, albeit not for residential development, but for retail development. The Sulby Local Plan Policy CM/P/2 indicates that expansion of the existing retail areas within the village will be encourages. However, it is also considered that the IOMSP Business Policy 9;
"…supports new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas". If the entire site was proposed to be used for retail development, it is likely there would be concerns, as any retail shop would likely go beyond the "scale appropriate to the existing area". This view is also supported as Sulby Village is identified as a "Village" under Spatial Policy 4, which indicates development; "should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." It is not identified within as being within the Main Service Centre (Douglas), Services Centre (Ramsey, Peel, Port Erin, Castletown or Onchan) or within a Service Village (i.e. Laxey, Andreas etc); therefore the IOMSP appear to quietly clear wish only small scale retail in such areas. The proposal would still allow for the extension of the existing shop and the submitted drawing have given indicative locations where the shop could be extended to a scale in line with Business Policy 9. Further, parking provision is proposed under the current plans and therefore the proposal would comply with The Sulby Local Plan Policy CM/P/2 also.
6.3 Overall, while the land use designation is not for residential development, it is considered a single dwelling (arguable replacing an existing dwelling) to the southern part of the site would be acceptable, namely as the site is designated for some development, albeit the IOMSP would not appear to now wish new retail development at a scale which could be constructed on the site. - 6.4 As such the general principle of a single residential dwelling on part of this site is concluded to be acceptable for all the reasons given. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION - 6.5 In terms of parking provision the Parking provision of the Isle of Man Strategic Plan 2016 generally seek two spaces for each dwelling. While the submitted information is indicative, it clearly demonstrates that two spaces and turning provision ca be provided within the site. - 6.6 In terms of visibility splays, Highway services raise no objection and therefore the Department is satisfied that the access proposed (for full consideration now) is acceptable. A condition should be attached which requires all wall and boundary features within the splays should be no higher than 1.05m. - 6.7 Overall, given no objection to the proposal from Highway Services, who have also consider the impact of the development upon the existing highway network, it is considered the proposals would comply with General Policy 2 and Transport Policy 4 & 7. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA - 6.8 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. The main public view would likely be when travelling past the site from the Main Road and the Sulby Glen Road. As states previously, there are no details of the dwelling at this stage, so the majority of this issue would be considered at a future Reserved Matters application. - 6.9 The site is already development, with the existing shop and dwelling on site, as well as associated domestic structures (polytunnel/greenhouse) within the garden. The site also has clear boundaries formed by Manx stone walls and landscaping. The proposal would not result in the extension to the open field to the south or west of the site, but would be contained within the existed developed site. Accordingly, the department is comfortable at this stage, that an appropriately designed and sized dwelling could be constructed on this site which would fit with the character and quality of the area and the site itself.
7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, result in significant adverse impacts upon highway safety nor prejudice the use of adjoining land (i.e. retail use). It is therefore recommended that the application be approved. - 8.0 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:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 :…………………………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 18/00024/A Applicant : Mr Graham Garrett Proposal : Approval in principle for the erection of a dwelling to the rear of existing shop, including means of access Site Address : Sulby Shop Gara Aalin Main Road Sulby Isle Of Man IM7 2HR Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report After discussion the Planning Committee agreed with the recommendation subject to amendment of Condition 3 as below
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
This approval relates to the submitted documents and drawings reference numbers 1, 2 & 01 all received on 11th January 2018.
Copyright in submitted documents remains with their authors. Request removal
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