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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00034/B Applicant : Dandara Homes Limited Proposal : Erection of 13 dwellings with associated landscaping and open space Site Address : Land Adjacent To Reayrt Ny Glionney All Saints Park Lonan Laxey Isle Of Man
Case Officer : Mr Jason Singleton Photo Taken : 05.04.2018 Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.05.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to any construction, the type and precise location of the pedestrian safety barrier on the footpath adjacent to Croit-e-Quill Road shall be approved in writing by the Department and implemented prior to any occupation of the development.
Reason: In the interest of highway safety to prevent child pedestrians from stepping into the carriageway directly from the footpath and to maintain disabled access.
C 3. Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided as shown on the approved plans and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 4. The footpath to the dwelling for plot 31 shall be extended to the carriageway edge.
Reason: To provide adequate parking and footpath provision to the dwelling in the interest of highway safety and amenity.
C 5. The last dwelling of the development hereby approved shall not be occupied until the public open space has been completed and landscaped in accordance with the approved plans and hard and soft landscaping details.
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Reason: In the interests of providing adequate public open space.
C 6. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Plans/Drawings/Information;
This approval relates to drawings submitted on 12th January 2018 referenced; 100.00; - location plan 100.01; - proposed site plan 100.02; - landscape plan 100.03; - site survey 100.10; - vehicle tracking 100.15; - street elevations 100.20; - site sections 150; - willow house type 160; - beech house type 170; - redwood house type 200.01; - drainage layout Design and Access Statement Highways Statement and the Planning Statement
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities DoI (Housing)
It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4): The owners/occupiers of; 9 - Reayrt Ny Glionney Drive Tara, Croit E Quill Fairdale, Croit E Quill Stonehenge, Croit E Quill Marine Mount, Croit E Quill
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):
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The owners/occupiers of; 1 - Reayrt Ny Glionney Chase, 2 - Reayrt Ny Glionney Chase, 3 - Reayrt Ny Glionney Chase 6 - Reayrt Ny Glionney Chase 1 - Reayrt Ny Glionney Drive 5 - Reayrt Ny Glionney Drive
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Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE LEVEL OF OBJECTIONS AND AS A SECTION 13 LEGAL AGREEMENT IS REQUIRED SHOULD THE APPLICATION BE APPROVED
THE APPLICATION SITE 1.1 The application site is the land between Reayrt Ny Glionney Development and the existing dwellings on the Croit E Quill Road within Laxey. The parcel of land has an approximately area of 3.2 acres (1.3 ha) and is located to the north and east of the Reayrt Ny Glionney estate road and west of the Croit E Quill Road. The site is made up of scrub vegetation (gorse/grasses/small self- seeded trees etc).
1.2 The majority of the site is located to the eastern side of the Reayrt Ny Glionney estate road which slopes downwards from the estates road to the rear of the neighbouring properties to the east which runs along the Croit E Quill Road. The site also slopes downwards to the northern part of the site.
1.3 Access to the site is from the existing access road which serves the Reayrt Ny Glionney estate and runs along the majority of the western side of the estate road and concludes with a turning head adjacent to the northern part of the application site.
PROPOSAL 2.1 Proposed is the erection of 13 dwellings.
2.2 The previously extant 2015 approval was for a mix of eight; four and five bedroom houses, which were large detached properties. Six of these were split level entering on the upper level off the existing highway access. This proposal revises the house type and numbers, to provide smaller houses towards the southern part of the site and a revised house type to the northern part of the site. The new mix of styles of properties would consist of 8 of 'Willow'; 2 of 'Beech' and 3 of 'Redwood'. These are all four bedroom properties and smaller than previously approved to reflect the current housing demand for dwellings in Laxey.
2.3 The lack of demand for the 8 dwellings as previously approved in 2015 is attributed at least in part to their size which reflects on the market value in the context of this residential area. This application seeks to amend the housing type to smaller properties to reflect the current housing market and the location of the site. The dwelling types approved under PA 07/02153/B have floor areas of 418 and 430sq.m, the dwelling types approved under PA 15/00752/B have floor areas of 242 and 276sq.m, and the dwelling types now proposed have floor areas of 176, 175 and 150sq.m
2.4 Part of the proposal would also include a public open space of 3339m2 with associated hard and soft landscaping across the site. 2.5 The application drawings are accompanied with a written planning statement; Design and Access Statement and Highways Statement to address specific issues.
PLANNING HISTORY
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3.1 This site has been the subject of a number of planning applications; and the following are considered of material relevance to the determination of the current application:
3.2 Erection of eight dwellings with public open space -15/00752/B - APPROVED The status of the 2015 permission doesn't expire until 31st August 2020, albeit there are a number of pre-commencement conditions that need to be discharged prior to commencement on site. However the default position should the applicant seek to pursue is to implement the extant 2015 permission. It is understood from the applicant, the decision not to pursue these house types is due to market demand and "although thee dwellings have been marketed they have failed to attract sufficient interest to warrant commencing the scheme." (para 24 - applicants planning statement).
Conditions; 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, and to avoid the accumulation of unimplemented planning approvals.
The development hereby approved shall not commence until full details of hard and soft landscaping have been submitted to and approved in writing by the Planning Authority and these works shall be carried out in accordance with the details approved. The details of hard landscaping shall include footpaths and hard surfacing materials. The hard landscaping works for each dwelling shall be completed prior to its first occupation. The soft landscaping works shall include retention of existing and provision of new planting along the northern and eastern boundaries of the site, in particular the boundaries of Tara, Fairdale, Stonehenge and Marine Mount. All planting for each dwelling shall be carried out in the first planting season after its first occupation. Any trees, shrubs or hedges which, within five years from completion of the development, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Planning Authority gives written consent to any variation.
Reason: In the interests of visual and residential amenity and public safety.
The development hereby approved shall not commence until full details of all boundary walls or fences including fencing to the public open space and safety barriers to the access footpath at its junction with Croit e Quill Road have been submitted to and approved in writing by the Planning Authority and these works shall be carried out in accordance with the details approved. The boundary walls or fences to each dwelling shall be completed before its first occupation. The safety barriers shall be completed before the footpath access is opened for public use.
Reason: In the interests of visual and residential amenity and public safety.
No dwelling hereby approved shall be occupied until its parking and turning areas have been completed in accordance with the approved plans. Such areas shall thereafter be kept available for the parking and turning of vehicles.
Reason: In the interests of highway safety.
The development hereby approved shall not commence until a schedule and samples of all external finishing materials to be use in the construction of the dwellings have been submitted to and approved in writing by the Planning Authority and the development shall be carried out in accordance with the approved schedule.
Reason: In the interests of the appearance and character of the site and surrounding area.
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6. The development hereby approved shall not commence until a plan, at 1:200 scale, of the site as proposed has been submitted to and approved in writing by the Planning Authority and the development shall be carried out in accordance with the approved plan.
Reason: In the interests of the appearance and character of the site and surrounding area.
The last dwelling of the development hereby approved to be occupied shall not be occupied until the public open space has been completed and landscaped in accordance with the approved plans and hard and soft landscaping details.
Reason: In the interests of providing adequate public open space.
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 decking shall be constructed or placed within the curtilage of any dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Planning Authority.
Reason: In the interests of the amenity of the surrounding area. 9. 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 any dwelling hereby approved shall be carried out without the prior written approval of the Planning Authority.
Reason: In the interests of the amenity of the surrounding area.
Note; This approval is subject to a legal agreement.
3.3 Erection of 25 no. dwellings (amended house types from those approved under PA 07/02153/B) - 10/00354/B - APPROVED
3.4 Residential development comprising 29 dwellings and associated roads plots and sewers
3.5 Residential development comprising 49 dwellings, Commissioners Office and associated roads and sewers - 06/01068/B - REFUSED at Appeal
3.6 An application to the south of the existing application was also made which is considered relevant in the determination of this current application:
3.7 Residential development comprising 43 dwellings, roads, plots and sewers - 00/01342/B
PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as residential on the Lonan Map of the Laxey and Lonan Local Plan 2005. This site is specifically referred to as area 17. The local plan contains one policy that is considered specifically material to the assessment of the planning application: 4.2 Policy L/RES/PR/12 - Land adjacent to Ballacannel - Area 17 states: "Residential development may be permitted on this site where this complies with the following development brief:
development must include a mixture of house types and densities with the density of development decreasing and space between dwellings increasing as one proceeds towards the
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north eastern end of the site to result in a density and style of housing adjacent to "Langdale" similar to these existing dwellings to the north of the development site. Development may include high density, starter homes. The houses to be built on the site must be designed so as to have variety and interest with a range of designs, materials and finishes and should avoid the use of light coloured dash, brick or render so as to minimise the impact of the development as viewed from further afield. 2. the detailed submission must include a landscaping scheme which makes provision for the breaking up of the buildings and the softening of the edge of the development on its western side. This must be complemented by a layout which does not present a regimented line of buildings along the western boundary. 3. detailed proposals must include full details of the connection of the new development to the main sewer. 4. the layout must include useful parcels of properly located open space which may be used for children's play. 5. at least 20m must be maintained between the fronts and/or rears of new dwellings proposed within this site and the rear of existing property where these are directly alongside each other taking into account future proposals for conservatories and garages. The layout and landscaping proposals must take account of the proximity of existing properties and as most of these will be lower than the proposed dwellings, car must be taken to avoid overlooking or diminution of the privacy or amenities of the existing adjacent dwellings. 6. no vehicular access may be provided to service the site directly onto Croit-e-Quill Road due to the narrow nature of this highway and the proximity of existing properties to both the road and the laneways leading to the development site."
4.3 Whilst not setting out specific policy related to area 17 paragraphs 4.55, 4.56, 4.57, 4.58 of the Laxey and Lonan Area Plan Order 2005 do set out the background and general stance on development within the area. As such they are considered to be relevant to the assessment of the planning application:
4.4 Paragraph 4.55 states: "The land on the other side of the road, behind Croit-e-Quill Close (Development Area 17), field 614656, has in part, been the subject of five applications (PAs 96/1247, 97/0515, PA 98/1683, PA 98/2151 and PA 00/1342). The first two of these were both refused due to the fact that the site represents only part of the area zoned for development and without the part closest to the Church Road, access was considered unacceptable. One application for this piece of land included an access strip over part of field 612419 and was refused as being prejudicial to the proper layout of all of the land designated for development. A further application was refused on the grounds of detailed design (PA 98/1683) but approval has been granted to a later scheme for six dwellings (PA 98/2151). The Department has recently submitted an application for the development of forty three dwellings (PA 00/1342) some of which would be subsidised housing: this application, being submitted by the Department was the subject of a public inquiry on 24th April, 2001 and was recommended for approval by an independent inspector: the recommendation was accepted by the Governor in Council and the report issued on 30th July 2001. This land was considered suitable for development on the 1982 Development Plan Order and Sector Plan the latter suggesting that the site could accommodate up to 18 dwellings. The remainder of the area designated in 1982 has already been developed in the form of Croit-e-Quill Close and Callow's Croft."
4.5 Paragraph 4.56 states: "It has been suggested that the land is still suitable for residential development and that the land further to the north is also suitable for housing development. There have been a number of objections to the development of this land on the basis of visual impact on the existing properties on Croit-e-Quill Road, the impact of the additional traffic on Church Road, the capacity of the existing sewers and water supply and the inadequacy of the existing school facilities. The Department has received the views of the relevant service authorities who would suggest that the road and sewers serving the site are capable of accepting the development of all of the land between Church Road and the properties known as Sunhill Cottages and
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Langdale (the site can be drained in part to the Garwick Glen and the remainder to Laxey sewer due to the topography of the site: the Department of Transport Drainage Division has recommended that the southern part of the site can be drained acceptably to the Garwick sewer and the remaining land drained towards Laxey) as and when the improvements to the sewer in Glen Road have been implemented (programmed to be completed by the beginning of 2003). Similarly, the Isle of Man Water Authority has indicated that investment in their supply network from the Glencrutchery treatment works and on-going works to the distribution pipe work between Onchan and Lonan, should ensure that a potable supply of water may be made available to the development and to improve supplies to existing property in this part of the parish."
4.6 Paragraph 4.57 states: "Whilst the Department accepts that the adjacent residents are generally opposed to development in this area, the Department would see it as a logical extension to an already built-up area and where development would generally appear as part of the housing and development which already in place - a point accepted by the Inspector in PA 00/1342. The Department is also aware that the majority of properties in Croit-e-Quill have been built to take advantage of the views towards the sea rather than the views to the rear which be over land which is generally higher that the existing properties."
4.7 Paragraph 4.58 states: "The Department would require, however that the development of the site makes provision for preservation of the amenities of the adjacent dwellings as well as ensuring that there is a mixture of house types, finishes and materials and that adequate space is provided for amenity purposes and for children's play. Development should generally decrease in density as one proceeds north, ultimately reflecting the decrease in density of existing housing to the north east. Access to the site will be from Church Road although where a secondary means of access is required by Department of Transport, it will not be acceptable, due to the narrow nature and angle of the access points and the proximity of existing property, to provide this onto Croit-e- Quill Road. The Department of Transport has indicated that where the entrance road from Church Road is at least 5.5m wide, a secondary means of access will not be required to serve the development provided that less than 100 dwellings are proposed within the site."
4.8 Paragraphs 4.68 and 4.69 sum the general position as regards residential development within the plan area and are therefore also considered to be relevant to the assessment of the planning application:
4.9 Paragraph 4.68 states: "Many of the responses received from local people suggested that new residential development was neither desirable nor necessary. However, the Department cannot accept this and has made some attempt to quantify the number of new residential units which are required during the life of the plan as well as refer to the policies in the Draft Island Strategic Plan which gives guidance on development throughout the Island. The Department has then considered the various proposals which have been made and have assessed these in light of the estimated demand. The resulting designations are considered to be appropriate for Laxey and Lonan in terms of providing for the amount of development which is required in a variety of locations within the study area where a variety of dwelling types and densities could be achieved whilst at the same time protecting those areas which are considered unsuitable for development. The development areas identified are likely to yield the following levels of development: Area 1 6 dwellings Area 2 1 dwelling Area 4 1 dwellings Area 5 around 30 dwellings Area 7 3 dwellings Area 9 around 30 dwellings* Area 10 around 5 dwellings* Area 11 around 5 dwellings
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Area 12 1 dwelling Area 13 around 15 dwellings* Area 14 1 dwelling Area 15 1 dwelling Area 17 around 70 dwellings (including the 43 already approved) Area 19 2 Total 171*
*these sites cannot connect into the mains drainage system and it is unlikely that, within the life of the plan, an alternative means of drainage could be achieved. As such, it is unlikely that these sites, providing up to 50 dwellings, will be released within the plan period."
4.10 Paragraph 4.69 states: "It should be noted that the Department is aware of problems of sewage disposal throughout the study area and the opposition by many people to the discharge of raw sewerage into the sea. Whilst the treatment of sewage before it enters the sea is always preferable to the existing situation, this is not unique to the Laxey and Lonan: many parts of the Island are without sewage treatment and the Department is not of the opinion that development should be prevented in its entirety until such times as the Island-wide treatment system is able to serve this part or any other part of the Island. The Department has designated land within the study area which may not be serviceable within the life of the plan. However, the designation of the land at this stage identifies it as potentially suitable for the benefit of those living and who may consider living close to the sites in the future and as a useful aid to the service authorities who will be required to service the sites in the future. It should also be noted that the Inspector appointed to hear the public inquiry supported the inclusion of all the sites identified, with the provision that greater clarity and emphasis be given to prevailing constraints on development within the plan period. Paragraph 4.21 has been amended in this respect and makes it clear that whilst there is a number of sites identified for development, the realisation of these sites depends upon infrastructure some of which is not in place and may not be until the end of the plan period and beyond."
4.11 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
4.12 Strategic Policy 1 states: "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 re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.13 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."
4.14 Spatial Policy 3 states: "The following villages are identified as Service Villages: o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills
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Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."
4.15 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: (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 water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees 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."
4.16 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.17 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
4.18 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
4.19 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."
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4.20 Recreation Policy 3 states: Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.
REPRESENTATIONS 5.1 Garff Commissioners has commented (12/02/18) requesting the committee to consider; o Exacerbation of the current storm water drainage. o Parking provision of 2 cars for a four bedroom property is inadequate. o Potential increase in vehicle movements by an additional 5 proerties. o Concern from overlooking from balconies on the houses below o Erection of 1.2m high fence on the boundary could overshadow the rer of the properties on Croit e Quill Road. o Would like to see a footpath run behind the properties to Croit-e-Quill road and to the designated open space area - to encourage pedestrians from using the highway 'Reayrt ny Glionney'.
5.2 Highways Services have commented and do not object subject to conditions being added for the installation of a pedestrian safety barrier prior to any occupation of any dwelling (i) Prior to any construction, the type and precise location of the pedestrian safety barrier on the footpath adjacent to Croit-e-Quill Road shall be agreed with Highway Services and implemented prior to any occupation of the development.
Reason: In the interest of highway safety to prevent child pedestrians from stepping into the carriageway directly from the footpath and to maintain disabled access.
(ii) Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
(iii) The footpath to the dwelling for plot 31 shall be extended to the carriageway edge. Reason: To provide adequate parking and footpath provision to the dwelling in the interest of highway safety and amenity.
5.3 The MUA have commented and no not object to the proposal (26/01/18) Croit E Quill;
5.4 The occupants of 'Marine Mount' Croit-E-Quill Road, who adjoin the site at the rear have commented (07/01/18) to object as the application represents a 50% increase in intensity; results in twice the volume of being overlooked; plans shows 1.4m high fence to the rear of their property would compound the issue as her garden is already 2.5m lower than the site; concerns over water damage the their boundary wall and its integrity from the development, both during and after the building works.
5.5 The occupants of 'Tara' Croit-E-Quill Road, who adjoin the site at the rear have commented (07/01/18) to object as the application as the density and spaces between the new properties will result in a reduction of light and sunlight at the rear of the property. Plots 32-33 would directly look into the rear of their property and into the kitchen; the previous 2006 decision was refused as the number of dwellings exceeded the allocation for the area in the Laxey and Lonan plan, This application represents a 17% increase up to 82 dwellings. The proposed density of eight dwellings compared to four dwelling to the rear of their property would be out of character and not in keeping with the streetscene.
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5.6 The occupants of 'Stonehenge' Croit-E-Quill Road, who adjoin the site at the rear have commented (07/01/18) to object as the application as it is effectively doubling the density of development altering the character of the area; This proposal raises the density to 82, above the 70 recommended by the Laxey and Lonan plan. Which was then pushed to 77 by approval (15/00752); the intensity of traffic using the junction at church road will have an impact on congestion and increase a potential hazard for highway users. There are trees at the rear of their site and the proposal could affect damage the roots structure; the privacy of their back garden will be compromised; the increase will also have a detrimental effect on light pollution and more raw sewerage being discharged into Laxey.
5.7 The occupants of 'Fairdale' Croit-e-Quill Road, who adjoin the site at the rear have commented (28/01/18) to object to the development as the land to the rear has been increased by 6.0m in the area of plots 32-39. These properties will overlook their property and twinned with the balconies on the 'Willow' will remove any privacy they have to their rear garden and is considered to be unacceptably intrusive; There will now be three instead of two properties overlooking them; Would like to see the removal of the balconies; concerns regarding the stone wall at the rear of the site and its integrity during the works; the proposed 1.2m fence would be difficult to install; raises concerns over the footpath linking with Croit-e-Quill road and is considered dangerous due to the width of the road and the installation of barriers is not sufficient and consideration should be given to further traffic management at this point; vehicle tracking dimensions are out of date and the highways statement is inaccurate paragraphs 1.1- 4.1; over development of the site and intensification based on the Laxey and Lonan plan which quotes a yield of 77, this proposal would result in 82, giving an increase of 17%; general construction work will be a general inconvenience;
Reayrt Ny Glionney Drive 5.8 The occupants of '1 Reayrt Ny Glionney Drive' who are opposite the application site have commented (05/02/18) to object as the proposed as their outlook, amenity, and safety will be compromised by the density and scope of this proposal. Access and egress is difficult in the area due to parking on the road, the proposal will compound this issue. Reayrt Glionney Drive is not wide enough to accommodate for the extra increase in dwellings and traffic. There is a lack of defined pavement leading to the play area, meaning families with prams/ kids will have to use the highway. The continue increase in density is unwelcome and unreasonable and would constitute over development; If approved the proposal by intensification of traffic would detrimentally impact upon the use and enjoyment of their property.
5.9 The occupants of '5 Reayrt Ny Glionney Drive' who are opposite the application site have commented (21/01/18) to object as the proposed buildings and trees would reduce the light reaching the front of their property, resulting a dark living room; privacy would be affected to the front of their house from an increase in footfall; construction works/traffic could generate noise and dust affecting their work (night shifts); also being an asthmatic, could affect their health due to dust being blown towards their property, and parking is an issue in the area with just 5 properties.
5.10 The occupants of '9 Reayrt Ny Glionney Drive' who are opposite the application site have commented (21/01/18) to object as the proposed plot at No.27 adjacent to their property does not take into account their planning permission (yet to be implemented since approved on 10/06/15) and the side extension, leading to a loss of light, overshadowing and loss of outlook. The original scheme proposed single storey property to plot 29, albeit split level accounting for the change in level at the rear, and now is a two storey dwellinghouse. Also is a concern over the developers creep to intensification on the site, there are no interconnecting pavements to the public open space, resulting in the use of the highway by pedestrians and the finish of the properties is not in keeping with the remaining streetscene.
Reayrt Ny Glionney Chase 5.11 The occupants of '1 Reayrt Ny Glionney Chase' who are opposite the application site have commented (25.01.18) to object as the proposed on grounds they were sold their
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property on the guarantee the properties opposite would be executive houses cira £750,000; the proposal would result in a loss of outlook; result in increased traffic volume; parking issues in the area; aesthetics of the area would change for the worse; health and safety risks during construction.
5.12 The occupants of '2 Reayrt Ny Glionney Chase' who are on the adjacent part of the estate have commented (25.01.18) to object as the proposed on; inadequate parking provision for each property; highway width is inadequate and with vehicle parking on the roadside makes it difficult for access; existing children playing in the road poses a risk for any increase in vehicle uses. Mis-sold their property on the belief that the properties opposite would be low level properties; would affect the character of the area with an increase in houses crammed into the site; impact on the local infrastructure, ie laxey school.
5.13 The occupants of '3 Reayrt Ny Glionney Chase' who are on the adjacent part of the estate have commented (02/02/18) to object as the proposed development would have a serious impact on the highway and those using it and also the parking provision is sub-standard for the area; requests a parking survey, traffic survey, identifying blind spots and the doubling of the traffic; Any increase in traffic would result in a risk of an accident to children who play in the area and use the roads for access; feel mis-lead when purchasing their property, and questions when it will stop, as the increase has gone from three to eight and now thirteen and belives this density is too much.
5.14 The occupants of '6 Reayrt Ny Glionney Chase' who are on the adjacent part of the estate have commented (25.01.18) to object as the proposed on grounds of intensification of the development density from 8 to 13; the access road is too narrow for vehicles to pass; poses a risk to children going to the play area. Lack of parking provision to each property and would result in cars parking on the highway and potentially blocking the access in and out. The proposed development would affect the character of the area and affecting views afforded to existing houses.
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) principle of development; (SP1; SP2;SP3; HP4 &HP6) (ii) the visual impact of the proposed development on the character and appearance of the existing dwelling, and street scene; (GP2(b) & (c) (iii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.(GP2(g)) (iv) any impact in terms of highway safety. (TP4; GP2(h) &(i)) (v) potential drainage/flooding concerns (GP2(l)) (vi) affordable housing provision. (HP5) (vii) Open space provision (Rp3)
(i) PRINCIPLE 6.2 As indicated within Section 4 'Planning Policy' of this report, the site is designated as 'Proposed Predominately Residential'; therefore it is considered that the current proposal is unobjectionable to the principle of developing the site for residential use and is deemed is acceptable.
6.3 In the written statement of the Laxey and Lonan Local Plan, paragraph 4.68 refers to the number of properties to be built on this area 'Area 17' will likely to yield around 70 dwellings. If this current application is approved this will result in a total of 82 units within Area 17, five more than what was previously approved in 2015. It is considered the number "around 70 dwellings" is not a prescriptive figure, but a guide and the acceptability, or not, of the proposed 13 dwellings will be determined in terms of material planning matters as indicated in paragraph 6.1, which will determine if the proposal is an appropriate level of development of the site/area. The area plan of 2005 provided the "around 70 dwelling" as a general indication not just for housing density but for the provision of other services, (highways, utilities, schools
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etc). By modern standards and thirteen years later, those issues can be addressed to overcome any concerns at that time.
6.4 Further consideration is given in Paragraph 1.4.4 of the Strategic Plan which also indicates that; "In the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail." The Area Plan was adopted in 2005, whereas the Strategic Plan was adopted by Tynwald in 2007 and further amended in 2016. Accordingly, the Strategic Plan prevails in relation to this matter.
6.5 In considering the principle of the site, strategic policy 1 and 2 seeks that any new development makes efficient use of sites, utilises existing infrastructure and located within existing settlements. The area of Laxey is identified as a defined service village in spatial policy 3 and would be considered to conform to the Strategic and Spatial Policies of the strategic plan which in turn gives compliance with Housing policy 4 for development within existing villages. The conformity to the land use designation leads us onto housing policy 6 to ensure that any development in undertaken in accordance with the brief of the relevant area which in turn, is cross referenced through to GP2, to ensure that future development is appropriate for the surroundings and does not have any adverse effect.
6.6 Whilst this might appear at odds with paragraph 1.4.4 and the primacy of the strategic plan over the area plan. In this case, if the proposed development does not have any adverse impact on the streetscene and neighbouring amenities, the density by default is acceptable when assessed again the strategic plan which offers a greater assessment criteria. It is also noted in the previous 2015 application, the inspector made no comment on the housing density which saw an increase in numbers from three to eight dwellings.
6.7 Overall, it is considered the principle of developing the site for residential development is acceptable; however, further material planning matters as previously indicated will need to be considered, to determine if the principle of the erection of 13 dwellings on the site is appropriate.
(ii) VISUAL IMPACT 6.8 When viewing the site, there are likely two main public vantages points, the first is from the Reayrt Ny Glionney estate road where views of the dwellings within Plots 39 to 32, will be of fairly modest and modern properties, appearing as single storey. Plots 27-31 would have the form of two stories, reflecting the design attributes and proportions of the existing dwelling No. 1-9 Reayrt Ny Gloinney Drive. The dwellings would have traditional forms with gable end roof running parallel and some with a gable fronting onto the estate road. All properties have integrated garages. These properties would be finished in painted smooth render and grey Cedral cladding panels to part of the front elevation and a grey concrete roof tiles. Overall when viewing the dwellings from the Reayrt Ny Glionney estate road it is considered the design, finish, and positioning of the dwellings would be appropriate, adding further character and a degree of avant-garde finish to the streetscene and in keeping with the area which would not have an adverse impact upon the visual amenities of the existing street scene/area.
6.9 The second vantage point of the site is from the Laxey to Ramsey Coast Road which is located on the opposite side of the Laxey Valley to the application site. When viewing from a number of locations in this area the site appears as a green space surrounded by built development (i.e. residential properties). The majority of the proposed development would not appear as an expansion into the countryside, given the recent development of Reayrt Ny Glionney Drive opposite to the application site. This proposal will appear as an infill between the existing residential developments.
6.10 Overall, whilst the design and appearance elements of the proposal is subjective and may not be to the liking of residents, more importantly what is proposed would be considered to be in keeping and sympathetic to the streetscene offering a diverse variety of styles of properties. It is considered the proposed development would result in the loss of a green area
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when viewed from the Coast Road; however, the site has been accepted as residential use and the dwellings proposed are considered to be of appropriate size/design and number which would not have a significant impact upon the visual amenities of the area or countryside when viewed from these more distance views and deemed acceptable with GP2(b) & (c).
(iii) NEIGHBOURING AMENITIES 6.11 When considering whether the proposal would have any impact on the residential properties within the estate, the fronts of the properties would be in excess of 20m apart and not considered to allow for any inter-visibility and would attribute to any over shadowing or overlooking given the differences in level from across the highway.
6.12 Considering those properties along Croit e Quill Road,(Marine Mount; Stonehenge; Fairdale and Tara) it is firstly noted this proposal places the rear elevation of the dwellings on plots 39-32 in relation to the rear of those on Criot e quill road are further away (the closest point is 35m from plot 32 to 'Tara' and up to 40m from plot 39 to Marine Mount). The previous application proposed five dwelling houses in this area up to the public open space, whereas this application is proposing eight. Nevertheless, any impact on the neighbouring amenities would follow the same assessment, irrespective of how many properties are proposed.
6.13 On this basis, being in excess of the 20m, (this rule of thumb for distances between rear elevations), this aspect of the proposal would not be considered to attribute to any overlooking given the intervening distances, which in turn could not lead to the properties having an over bearing affect or would result in a loss of privacy. Furthermore, from the rear elevations of those properties along Croit e Quill Road, undertaking the '25 Degree Test' as shown in drawing 100.20, it is clearly evidenced these eight proposed dwellings would not be within the 25 degree line that would allow an opportunity for any overlooking/overshadowing/loss of privacy.
6.14 On the same issue, at the appeal of the 2015 application the planning inspector concluded on the issue that the applicant had demonstrated at the Hearing that none of the dwellings would infringe on the 25 degree test where a line is drawn upwards from the windows of the existing dwellings on Croit e Quill Road, "whereby undue overshadowing would be avoided". Whilst this is only a guide, the inspector noted "more importantly from inspection and consideration of the submitted plans, the development would not appear so obtrusive from the dwellings below, or indeed from more distant view points, too warrant planning objections on grounds of visual or residential amenity". (para.44)
6.15 With regard to the remaining five dwellings around the cul-de-sac to the north of the site, the change in design style from split level properties to two storeys would not appear out of character and would reflect the appearance of the existing dwellings in this location. Plot 31 would be approx. 40m from the nearest dwellinghouse Sunhill cottages and plot 30, approx.30m from Langdale to the north. Given the intervening distances, it is not considered to cause any detrimental impact on those to properties accessed from Croit E Quill Road.
6.16 Regarding No.9 Reayrt Ny Gloinney Drive and the adjacent plot No.27, the juxtaposition between the two properties has been considered and the extant planning permission No.9 received under 15/00439/B - Erection of a two storey extension to side elevation of dwelling (yet to be implemented and expires on 10th June 2018) would be placed approx. 6m to the north of No.9 at the closest point. However, the erection of a dwellinghouse in the proposed location of plot 27 would not be considered to have any detrimental impact to the amenity of No.9 through any overlooking/overshadowing/loss of privacy and see no reason why the two storey extension could not be erected (before expiry) as per the approved drawings.
6.17 The objections received are noted in paragraphs 5.1-5.13 and their material planning considerations taken into account, (highways concerns detailed below) however the main material planning considerations as noted above are not deemed to have any impact on the streetscene or on neighbouring amenity.
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6.18 Taking into consideration the previous approvals and further noted in the inspectors report (para.45) when referring to General Policy 2 and his assessment concluded, "the proposed development would sufficiently respect the site and its surroundings in layout, scale, form, design, landscaping and the spaces around the buildings and would not adversely affect the townscape or the amenity of local residents". In this case, taking into account the history of the site and reviewing the application drawings, given the intervening distances I do not consider there to be any detrimental impact in terms of loss of privacy, overlooking, loss of light and over bearing impact from the proposed development and is deemed compliant with General Policy 2 (g).
(iv) HIGHWAY SAFETY 6.19 There are a number of areas of concern that have been raised by local residents in connection with the issue specific to highways, mainly increase in vehicle movements; parking, sizes of parking spaces per dwelling; out of date vehicle tracking information; and width of the highway.
6.20 The applicant's as part of their submission have included a "Highways Statement" which has been prepared by; "Bryan G Hall Consulting Civil & Transportation Planning Engineers", which considered the impact upon the highway network by the proposed development and the inclusion of the footpath. The conclusion of this report states at paragraph 4.3: "The layout of the proposed development conforms to the recommendations of Manx Roads and therefore there is no reason relating to highways or safety matters why planning approval should not be granted as it will not be detrimental to the safety or convenience of other road users." Page 6.
6.21 Highway Services have considered the application and the matters raised, and do not object to this application but seek to include two conditions, as previously noted in their representation in paragraph 5.2.
6.22 Further to the matters listed above, in terms of off street parking provision, each of the dwellings would be provided with two off street parking spaces, not including the space within the garage. The application site also utilises the existing highway and turning circle to the north of the site. Accordingly the proposals would comply with the parking standards of the Isle of Man Strategic Plan which requires two off road parking spaces per dwelling be provided.
6.23 It should be noted this proposed public footpath was also approved within the previous approved application. Given the previous approval for the same footpath layout and the lack of any objection from Highway Services, it is considered the proposed development would not result in a significant impact upon highway safety for all users of the highway network and therefore comply with Transport Policy 4 and General Policy 2(h) & (i).
(v) DRAINAGE 6.24 In applications such as these, the comments from the MUA-Drainage are helpful, and is noted they do not object. With regard to surface water drainage, the drawings note plots 32-39 will each have 1.45m3 of surface water storage before feeding into a manhole that features a hydro brake water retention system and then discharging into the surface water drainage system located on Croit e Quill Road. It should also be noted that Building Regulations approval is also be required for this development, and this issue would be looked into at greater detail. The Planning Directorate only needs to be satisfied that the site can be drained in an adequate and acceptable manner, which from the comments made by Manx Utilities - Drainage would appear to be the case. This aspect reflects what was previously approved for the location of the sewers and is deemed unobjectionable.
(vi) AFFORDABLE HOUSING 6.25 When consideration any residential development which provides eight or more dwellings Housing Policy 5 requires consideration. This states that the Department will normally require that 25% of provision should be made up of affordable housing, this can also include commuted sum payments. Based on previous discussions it was discussed that the same
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principles to those applied to the S13 agreement relating to the previous application would be applied.
6.26 In that case, the £25,000 single commuted sum was based on the following: 3 dwellings included in the last proposal would have been included in the calculation of the affordable housing under application 07/02153/B. A total of 72 dwellings (29 approved under 07/02153/B & 43 under 00/01342/B) equated to an affordable requirement of 18 affordable dwellings across the sites.
6.27 The last scheme increased this number by an additional 5 dwellings - to 77 units giving a revised total affordable housing requirement of 19.25 AHUs or an increase of 1.25 units. At the time, it was agreed, a single commuted sum of £25,000 to discharge this obligation.
6.28 Applying the same logic, this proposal will increase the overall original house numbers by 8 dwellings i.e 72 + 8 = 80 dwellings, meaning that 20 AHUs are theoretically to be provide across the site less the 18 already provided - this equates to 2 commuted sums or £50,000. The trigger points proposed are; £25,000 prior to the occupation of the first house and £25,000 on the sale of the last (13th) house.
6.29 Accordingly, having liaised with DoI housing on 27/04/18, they are acceptable of the commuted sum payment, so on this basis it is concluded that subject to a Section 13 Legal Agreement for a commuted payment of £50,000 is undertaken and agreed, then this proposal would be acceptable in accordance with Housing Policy 5.
(vii) Open space provision (Rp3) 6.30 The provision of 10 or more dwellings requires the provision for recreational and amenity space requirement. The proposed scheme provides for 3,339m2 of public open space on site, with a fenced circular play area and a connecting pathway leading onto Croit e Quill road. The proposed area would be bolster with predominately native Manx species and left natural as possible reflecting the location of the site and laid to grass. Either side of the play area would be fenced with 1.8m timber fence and at the end of the footpath a safety barrier installed. On balance the proposal for open space is considered to be acceptable with Recreation Policy 3 and appendix 6 of the strategic plan. CONCLUSION 7.1 In conclusion it is pertinent to note that the majority of issues associated with the residential development of the application site have previously been considered by planning committee and at appeal and concluded to be acceptable. The only significant difference proposed by the planning application is changes to the design of the house types which has impacted on the quantity seeing an increase but all contained within the same application site.
7.2 Having compared the previously approved house types from 2015 with those proposed by the current planning application it can be seen that the changes are essentially alterations to design and size. The general form of the dwellings does not significantly alter from that already approved. As such, the appearance of the proposed dwellings on the street scene is not significantly different and is concluded to be acceptable. There is no change in terms of the impact of proposed development on existing adjacent properties, which was previously concluded to be acceptable.
7.3 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
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;
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(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: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o 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: 09.05.2018
Signed : J SINGLETON 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
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