103930 — 18/00111/A | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00111/A Applicant : Mr Chris Murray Proposal : Approval in principle for the erection of a detached dwelling Site Address : Site Adj To 10 Birchley Terrace Onchan Isle Of Man

Case Officer : Mr Owen Gore Photo Taken : 15.03.2018 Site Visit : 15.03.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.04.2018 __

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. Approval of the details of siting, design, external appearance of the dwelling, internal layout, means of access, 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 access, 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) visibility splays; (e) existing and proposed ground, floor and ridge levels; (f) details of boundary treatments (g) hard/soft landscaping.

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 General Policy 2 and Housing Policy 6.

C 3. The development site, hereby approved in principle, shall be limited to a single dwellinghouse.

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Reason: This is an approval in principle for a single dwelling, as shown on the submitted illustrative drawings and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.

C 4. The existing boundary railings shall be retained as part of the future development proposal and thereafter maintained. 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 additional fences, walls or other means of enclosure shall be erected or placed around the curtilage of the dwelling house that fronts onto a highway.

Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.

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 garden sheds, garages, summerhouses or other free standing buildings shall be erected or placed within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval.

Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.

Plans/Drawings/Information;

This Planning permission relates to the following plans and documents: -

Drawing No.1 - Site Location Plan Drawing No.2 - Site Block Plan Drawing No.3 - Illustrative Site Plan Drawing No.4 - Illustrative Floor Plans & Elevation Date stamped as having been received 02 February 2018

Interested Person Status - Additional Persons

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):

Owner/occupier of No.10 Birchley Terrace

It is recommended that the following persons should not be given Interested Person Status on the basis that although they have made written submissions, 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):

Owner/occupier of No.4 Birchley Terrace

As the property does not directly adjoin the application site and it is considered unlikely that they will be significantly impacted by the proposal. __ Officer’s Report

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                                      18/00111/A                                     Page  3  of  7

THIS THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE CASE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION.

THE SITE 1.1 The application site is a parcel residential garden associated with No.22 Birchleigh Close and includes an outbuilding building. The site is detached from No.22 and separated by an access lane that services the properties on Birchley Terrace; the site itself adjoins the property at No.10 at the end of the terrace and on the corner where Hillberry Road/Avondale Road curves.

THE PROPOSAL 2.1 The application is for the approval in principle for the erection of a detached dwelling on the site. The applicant has provided some indicative details, although they have reserved all other matters for determination at a later date. Therefore the principle for the development is all that is being considered at this point.

PLANNING POLICY 3.1 The application site is designated as 'Predominantly Residential' under the Onchan Local Plan Order 2000 Map No. 1. The application site is not within a Conservation Area and the building on the site is not Registered. Policy O/RES/P/19 from the Onchan Local Plan 2000 is applicable to this proposal.

3.2 The Strategic Plan 2016 contains several policies that are considered specifically material to the assessment of this current planning application. Strategic Policy 1, Strategic Policy 2, Spatial Policy 2 and Housing Policy 4 all link to the principle of housing development. General Policy 2 and Housing Policy 6 are considered to be applicable; however deal mostly with the other aspects of the proposal that will form the reserved matters.

PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. These comments have been considered as part of the assessment and this report contains only summaries of the points made.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 02 March 2018.

5.2 Onchan District Commissioners have commented on this application in the letter dated 20 February 2018 and stated that 'The Commissioners recommend that the application be REFUSED on the grounds that: - "The lack of information in relation to elevations of adjoining properties and the question over the dwelling being attached or not attached."'.

5.3 Two neighbours have submitted objections to the proposal. The objections include the following planning related points: - o Concern regarding the proximity of the dwelling to the neighbour at No.10 Birchley Terrace and lack of access for maintenance; o Potential from damage to amenity space for No.10 o Lack of clarity regarding boundary treatments; o Questions regarding the usability of the access; o Questions regarding the historic nature of the outbuilding; o Proposal is not in keeping with older terraces;

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o The property would not be far enough from the main road or lane; o Potential to block sunlight to No.10; o Questions regarding services.

The comments included several non-planning related questions and comments, which have been addressed in the assessment under the title 'Other Matters'; the applicant's agent has also clarified the applicant position on some of these issues. The applicant's response identifies that the ownership and rights to access are civil matters that do not carry weight in the assessment of a planning application. They also point out that the application only concerns the principle and the additional information provided is illustrative.

ASSESSMENT Principle of the development 6.1 The application site is within an area that is zoned for residential use and within an existing settlement. The site located within Onchan which is identified as a service centre to provide additional locations for housing, employment and services, outside of Douglas.

6.2 The site seems to have previously been garden space, although it is not clear of this was previously attached to No.10; it is therefore not previously developed land. However at some point in the past it has become a separate unit. The site arguably contains a redundant building and is currently unused/under-used land. The site is relatively small but appears from the submitted illustration to have sufficient space for access and amenity space, and due to the residential area location, the site benefits from the existing infrastructure, facilities and services.

6.3 The current application only concerns the principle of the development and the additional information provided is illustrative. 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.

6.4 Although the plans are illustrative, there is some concern regarding the layout shown, as this is likely to have an impact on No.10 in terms of overbearing and overshadowing, which could have an adverse impact on the amenity of local residents. Also the design could impact the openness of the corner if it is sited too close the highway and proud of the building line, and although it features traditional aspects, may appear out of keeping with the adjoining terraces due to its layout. Therefore no approval has been given for the submitted designs which will be more thoroughly assessed during the reserved matters application.

OTHER MATTERS 6.5 Although prior consultation with neighbours is encouraged, the statutory requirement for the advertisement of planning applications is carried out by the government and has been fulfilled; the application is not specifically required to carry this out before submission of the application.

6.6 A concern was raised in the comments, regarding the value of the neighbouring property; however this is not a planning consideration. As stated above, the ownership and rights to access over land are civil matters that do not carry weight in the assessment of a planning application.

CONCLUSION 7.1 The principle of the proposal is acceptable and therefore complies with Strategic Policy 1, Strategic Policy 2, Spatial Policy 2 and Housing Policy 4. The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and the proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to the reserved matters. The proposal therefore complies with General Policy 2.

INTERESTED PERSON STATUS

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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: 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 : O GORE 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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                                      18/00111/A                                     Page  6  of  7

PLANNING COMMITTEE DECISION 09.05.2018

Application No. :

18/00111/A Applicant : Mr Chris Murray Proposal : Approval in principle for the erection of a detached dwelling Site Address : Site Adj To 10 Birchley Terrace Onchan Isle Of Man

Presenting Officer : Mr Owen Gore

Addendum to the Officer’s Report

Following discussions the case officer agreed to amend their recommendation to re-word condition 2 and condition 3 to the following, respectively: -

Notwithstanding the submitted illustrative drawings, approval of the details of siting, design, external appearance of the dwelling, internal layout, means of access, 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: -

The development site, hereby approved in principle, shall be limited to a single dwellinghouse.

Reason: This is an approval in principle for a single dwelling and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.

Conditions of Approval

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

C 3. The development site, hereby approved in principle, shall be limited to a single dwellinghouse.

Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.

Plans/Drawings/Information

This Planning permission relates to the following plans and documents: -