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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00602/B Applicant : Mr Jonathan & Mrs Noi Bradburn Proposal : Variation of condition one of PA 13/90931/B, Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access, to extend the period of permission by four years Site Address : Ashbourne House Ballacraine St Johns Isle of Man IM4 3NF

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.07.2018 __

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 the commencement of any works, a detailed, scaled plan is required to be submitted to and approved in writing by the Department which includes the removal of the parking area (small provision for a turning head in front of Ashbourne House (annotated 1 on plan C020B) and the removal of the internal locked gate (annotated 10 on plan C020B) and the driveway served by this gate. This development is required to be implemented in accordance with this approved plan and retained as such thereafter.

Reason: To ensure that the appearance of Ashbourne House is not compromised and in the interests of highway safety in respect of minimising the use of the access onto the A1 which is considered substandard.

C 3. Prior to the commencement of any other excavation or buildings works on the new dwelling, the proposed access, complete with visibility splays as shown in drawing 053 Option B must be in place and available for use.

Reason: In the interests of highway safety.

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C 4. 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 dwelling, 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 decision relates to plans reference C010, C020A, C020B, C050, C051, C053, C070, C080, C081, and 3010 C090 all received on 11th June, 2018.

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Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):

Smithy House Garage which abuts the site and was afforded interested person status in respect of 13/90931/B

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Officer’s Report

Whilst the application is recommended for approval and the local authority has objected, it is not recommended that the application is referred to the Planning Committee as, under their Standing Orders, this application is the same in nature and with no differences (other than the required details of landscaping) as that which has previously been considered (and approved) (paragraph 3 of the Standing Orders).

THE SITE 1.1 The site is part of the residential curtilage of Ashbourne House, Ballacraine, St Johns which is a large detached property situated to the north of Ballacraine crossroads and on the western side of the A3. The property is set back from the road and bounded by a Manx stone wall behind which there is shrub planting and some small trees. The property has two garden areas, the first is smaller area (mentioned above) which runs along the eastern elevation of the dwelling and fronts onto the A3 road. The second garden area is significantly larger and is located to the rear (northwest of the dwelling). It is in this area that the (additional) dwelling is proposed.

1.2 The entire application site is on a sloping site, with Ashbourne House and the main access (onto A3) to the site being the lowest points (approx. Datum of 52.0). The remaining ground level of the overall site gradually increasing (approx. Datum of 62.50) by 10.5 metres over a distance of approximately 105 metres (measured from rear of dwelling to northern boundary of site).

1.3 The site also extends in a westerly direction from Ashbourne House, where two garage/storage blocks can be found and an access lane which runs along the southern boundary of the site to a smaller existing access that leads onto the Peel Road.

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1.4 The boundaries of the site, particularly the rear garden area, are characterised in part with semi-mature and mature trees, including mature hedgerows/bushes around the majority of the boundaries of the rear garden. The rear garden itself has a fairly open aspect with little in the way of landscaping.

2.0 PROPOSAL 2.1 The application seeks permission for the variation of condition 1 of 13/90931/B for the erection of a dwelling to extend the period in which the development may commence, for a further four years.

2.2 13/90931/B sought and gained approval on appeal for the erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access.

2.2 The proposed dwelling would be positioned centrally within the rear garden area. Due to the sloping nature of the site the majority of the dwelling would run between the datum levels of 58.0 to 60.50 (i.e. an approximate 2.5 metre level difference between the south west corner and the north west corner of the dwelling). The finish floor level (ground floor level) of the dwelling would be approximately 59.2 datum. Consequently, due to the sloping ground levels and position of the dwelling, part of the property will be dug into the hillside, the majority of which being the south-eastern aspect of the dwelling.

2.3 Due to the above the proposal would be a split level property with a ground floor (four bedrooms, sitting/dining/kitchen area, family room and five en-suites/bathrooms) and lower ground level accommodation (garaging, study, gym and laundry room).

2.4 The proposal would have an overall width (ground floor level) of 27 metres, a depth of 9.9 metres and a maximum roof ridge height of 8.1 metres. The proposal would have some Manx traditional characteristics; a pitched roof with gable ends (including chimneys to gables), sliding sash windows, traditional finishes (render, stone slate roof). However, given its size the proposal is significantly larger than a traditional single storey traditional Manx cottage. The proposal also includes a pair of bi-folding doors and a larger central glazed floor to ceiling window to the front elevation (south) which are more modern features.

2.5 The submission also includes a raised decking area, which runs along part of the southern elevation of the dwelling, at ground floor level, and wraps around the south-eastern corner of the property and continues along part of the eastern elevation of the dwelling.

2.6 The dwelling would be accessed via the existing entrance onto the A3 road, which would also be shared with Ashbourne House. The applicant has submitted two potential options (A & B) to improve the existing access. Both involve the increasing the width of the existing entrance as well as alterations to either side of the entrance to provide improve visibility. Option A would result in visibility splays of 31.5 metres to the edge of the carriageway and 53.5 metres to the centre line of the carriage in a north direction and 45 metres in a southern direction towards Ballacraine crossroads. Option B would provide visibility splays of 60.6 metres (nearside road edge) in a north direction and 77.5 metres (centre of the road) and 45 metre to nearside road edge in a southern direction towards Ballacraine crossroads. It should be noted Option B involves two trees to be removed, compared to option A which requires a single tree to be removed. It should also be highlighted that the existing entrance has visibility of approximately 4 metres in either direction.

2.7 The application also provides details of the landscaping required by condition 5 of the original approval. This shows the introduction of new trees between The Smithy, the garage and the existing garage on site, alongside the new dwelling to its east and to the north and north west of the new dwelling. The species of these trees is listed on plan reference C020B.

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3.0 PLANNING HISTORY 3.1 There have been a number of applications associated with Ashbourne House, although the most relevant is that referred to above. This application was approved on appeal, following an approval issued by the Planning Committee. The appeal was requested by the owner of Smithy House. This party has been made aware of the current application by the Planning Officer by telephone. His objections at the time were that there would be significant visual intrusion into the living conditions of those in Smithy House and the design of the property was not traditional, would constitute backland development which is discouraged in the Local Plan and the many windows will catch the sun and be distracting to those in Smithy House.

3.2 The Commissioners also objected, considering that the application site is not designated for development and the proposed dwelling would be higher and bigger than those around it and would dominate the streetscene and be detrimental to the living conditions of existing dwellings around it.

3.3 The inspector considering the appeal concluded that the site is designated for residential development and whilst the Local Plan presumes in favour only of those sites numbered and specifically identified for development, there should be no outright bar on the development of a single dwelling within an area designated as Residential. He considered that the development would not be easy to be publicly seen and has no objection to the loss of two existing trees to facilitate the development. He had no objection to the design of the property and considered that "the proposed dwelling would fit in comfortably" and failed to see how "the character of St. Johns would be noticeably different if the proposed dwelling were to be built". Finally he did not consider that the development would result in anything more than a "negligible loss of privacy or overbearing effect". The application was approved on 26th June, 2014.

3.4 This approval was subject to a number of conditions, one of which required that the access drive shown on the site plan which would directly link the new dwelling to the access onto the A1 which currently serves Ashbourne House, should be removed and access onto the A1 at times during the closure of the TT Course should be indirectly to this point using part of Ashbourne House, thus dissuading residents of the new house to use this access on a regular basis.

4.0 PLANNING STATUS 4.1 The site is designated under the St John's Local Plan (Planning Circular 6/99 - Adopted 1999) as "Residential". The proposal is consistent with that and as such, the following policies are relevant for consideration:-

4.2 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."

4.3 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."

4.4 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas, unsurprisingly, is designated as the main employment and service centre for the Island. Outside of Douglas development is to be concentrated towards the main towns to provide housing, employment and services. Some of

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the larger villages are also seen as 'service centres' where employment and housing should be provided to meet local needs. Spatial Policy 3 defines the Service Villages of which St Johns is one.

4.5 Spatial Policy 4 states: "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."

4.6 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."

4.7 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

4.8 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:

(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."

4.9 St John's Local Plan (Planning Circular 6/99 - Adopted 1999) - Policy : RES/P/5 - "WITH THE EXCEPTION OF APPROPRIATE EXTENSIONS AND ALTERATIONS TO EXISTING PROPERTY WHICH WILL GENERALLY BE ACCEPTABLE, OUTSIDE OF DEVELOPMENT AREAS 1, 2, 4, 5

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AND 6 NEW RESIDENTIAL DEVELOPMENT WILL ONLY BE APPROVED WHERE THIS COMPLIES WITH PLANNING CIRCULARS 1/88, 3/88 AND 3/89."

4.10 St John's Local Plan (Planning Circular 6/99 - Adopted 1999) - Par 2.18 states: "It is considered essential in St. John's to limit the future residential development opportunities to carefully selected infill sites in order to preserve the rural character of the village. The sites selected are considered an acceptable balance between preserving the rural character of the local plan area and providing some reasonable development to occur taking into account the community needs and provisions of previous plans. In addition to the infill sites selected for further residential development, it is recognised that other opportunities may exist for additional residential development within existing developed areas either in the form of additions to existing dwellings or the erection of new dwellings. The appropriateness of such development should be judged on individual merit and backland development should generally be avoided."

4.11 As planning approval has been granted for the development and all that is sought is an extension of time in which it may be implemented, it is relevant to consider whether there have been any changes of circumstance or policy since that approval was granted which would justify a decision different to that issued at appeal on 26.06.14.

REPRESENTATIONS 5.1 German Parish Commissioners object to the application, maintaining the position taken on the earlier application (12.07.18). They comment that Ashbourne House is currently being marketed for sale and the lack of implementation of the approval suggests that it is unnecessary. They recommend that the access onto the A1 should be maintained for access during TT and Manx Grand Prix racing road closures and they refer to another application which was refused which was considered to be ribbon development. Subsequent development has led to an increase in traffic and additional vehicles on what is an already congested part of the road. They consider the entrance to be narrow and unsuitable for access to a property and will be dangerous with visibility obscured by parked vehicles and relatively close to the traffic lights. If the application is to be approved, they recommend a time constraint on the commencement and completion of the works.

5.2 Highway Services raise no objection, suggesting that there should be no new highway issues created if this was to be extended by another 4 years as proposed. They note that the revision to the formerly approved proposed site plan (drawing no. C/020 revision A) by the current proposed site plan (drawing no. C/020 revision B) would provide additional landscaping. This should not adversely affect the proposed site access and parking arrangements previously agreed and is therefore acceptable (16.07.18).

5.3 The owners of Smithy House Garage have "major concerns" about the proposal and whilst this proposal was approved four years ago, they suggest that since then, traffic levels have increased considerably due to commuter traffic and school drop-offs as well as at weekends, particularly in afternoon where there can be queues of up to 200 yards west from the traffic lights at Ballacraine. There is also a constant flow of buses, builder's wagons and large delivery trucks which can cause localised traffic jams n and around the houses at Ballacraine. They also report an increased level of illegal on road parking as few of the properties in the area enjoy the benefit of off-road parking. They suggest that this level of traffic will only increase as Peel continues to be developed, the population of Peel having increased by 5.2% between 2011 and 2016, much more than Castletown and Ramsey and Douglas' population fell in the same period. The same census confirms that 44% of Peel residents do not work in Peel. They try to ensure that their vehicles are not parked on the road and emerging from their property onto the A3 is often difficult and unsafe and any additional traffic will only make things worse. They note the inclusion of the locked gate giving access to the A3 but wonder who will police this, particularly after the plot and Ashbourne House have been offered for sale. They refer to the 2013 application across the road which was refused on the basis of highway

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concerns. They suggest that these concerns are shared by the owners of Croit Greanagh although they have not signed the letter. They provide photographs of visibility being impaired parked and approaching vehicles along with photographs taken in 2014 (12.07.18).

ASSESSMENT 6.1 There have been no changes in policy or circumstance since the last approval in 2014. As such, it would be unreasonable to refuse the application. Whilst the Commissioners' position is fully understood in that they are maintaining the same position taken in 2013/14, there is no evidence that the increase in traffic since some earlier development has taken place, would justify a different decision at this point. Indeed, there is no highway objection from Department of Infrastructure and the photographs submitted by the owners of Smithy House Garage from 2014 indicate that there was parking on the road which would impair visibility then as well as now. Whilst it is fully accepted that traffic levels will have increased since 2013/14, from increased development in Peel (although much of this is accessed from Derby/Poortown Road which has probably led to a more significant increase in the traffic using that road and the A3, it is not accepted that the traffic levels have increased so much as to warrant refusal of the application on these grounds, particularly as the access onto the A1 is a secondary access, designed through the imposition of conditions, to necessitate occupiers of the new house to access a public highway through the grounds of Ashbourne House. As the inspector at that time comments: "I am mindful of nearby residents' concerns about the possible additional use of the gated access onto Peel Road and the resultant increase in noise and disturbance. However, in my opinion, the residents of the proposed new dwelling would be most unlikely to use that access in preference to the wider, safer, un-gated and more convenient access onto the A3".

6.2 The Commissioners' suggestion that a time limit should be attached to any approval for its commencement and completion would be unenforceable and as there would be a further period of time in which the development should commence and failing that, the applicant would need to submit a further application for a further period of time for commencement which would be reconsidered in accordance with the circumstances prevailing at that time. The applicant has indicated in the application that their non-implementation of the 2014 approval is due to circumstances beyond their control and that they should be able to commence the development in the near future.

CONCLUSION 7.1 The application is considered to be as acceptable as it was when the 2014 application was determined and is supported. The previously applied condition 5 needs to be modified as details of the landscaping has been provided. Conditions 4 need to be reiterated as the parking and turning area associated with Ashbourne House (annotated 1 on plan C020B) and the locked date and driveway (annotated as 10 on plan C020B), which were previously found to be unacceptable, remain on the plan.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 24.07.2018

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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