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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00026/B Applicant : Miss Lynne Earnshaw Proposal : Erection of a replacement dwelling Site Address : 117 King Edward Road Onchan Isle Of Man IM3 2AX
Planning Officer: Mr Paul Visigah Photo Taken : 06.02.2020 Site Visit : 06.02.2020 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation: 24.02.2020 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the commencement of the construction of the new dwelling hereby approved, the existing dwelling within the site shall all be demolished.
Reason: The application has solely been approved on the grounds of being a replacement dwelling and therefore the existing dwelling is required to be removed in accordance with Housing Policy 4. Furthermore, the application has been considered acceptable on the grounds of the existing outbuildings being demolished.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
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Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each and existing landscaping (i.e. roadside hedgerow). 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 die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
This application has been recommended for approval for the following reason. The proposed new dwelling and the removal of the existing dwelling on site, is considered to accord with HP 4, HP 14 and GP 2 of the Strategic Plan 2016 and Policy O/RES/P/19 of the Onchan Local Plan Order (2000) Written Statement.
Plans/Drawings/Information;
This approval relates to the Design and Access Statement and drawings reference numbers 19.2146.1, 19.2146.2, 19.2146.3A, 19.2146.4A, 19.2146.5, 19.2146.6A, 19.2146.7, 19.2146.8 and 19.2146.9 all date stamped as received on 13th January 2020, and Confirmation of SAP Rating for the new Dwelling received on 13 March 2020.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
THE SITE 1.1 The application site is the residential curtilage of 117 King Edward Road, an existing single storey detached bungalow located on the northern side of King Edward Road set above the highway, in Onchan. The existing dwelling is a modest single storey bungalow with 3 bedrooms, an attached garage of the right side of the front elevation and an open front patio with balustrade on the left side of the front elevation. This site has a large front garden which is partly enclosed by a low dwarf wall by a 1.1m hedging. This site which also has a large rear garden slopes southwards towards King Edward Road with views overlooking the bay and Douglas sea front.
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1.2 The surrounding area is characterised by a mix of property types varying in size, form, layout and design. Given the topography of the area, the lane running in front of the dwellings slopes upwards west to east.
THE PROPOSAL 2.1 The proposal will involve the demolition of the existing bungalow and the erection of a modern contemporary low carbon rated home on the site. The new building will be positioned in a similar position as the existing dwelling, although the proposed dwelling will cover an area that would be 9% larger than the existing.
2.2 The applicant has stated that the initial idea was to extend the current bungalow to meet the current demands of the family. However, this was discarded as the development costs and amounts of changes to the existing bungalow would make it unsustainable. Besides, the applicant is intent on living in a very fuel efficient and highly insulated contemporary home which can only be achieved if the existing building is replaced by a new dwelling on the site.
2.3 The proposed dwelling would have a simplistic profile with its roof pitched at 45 degrees and finished in finished painted masonry render. There would be two front facing gables on the front elevation with significant sections of the front elevation having glazed areas to enable natural light penetration and spectacular views out to the coast.
2.4 The building would have a frontage 10.5m high (5m higher than the existing building) and maintain a width of 13.2m, which is the width of the existing dwelling. A large balcony with glass balustrades 2.5m wide, as well as a double garage would be introduced on the front elevation. The works would also involve the remodelling of the front garden and the widening of the vehicular access.
PLANNING POLICY 3.1 In terms of local plan policy, the application site is located within an area designated as 'Predominantly Residential' under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1. Also Policy O/RES/P/19 within Planning Circular 1/2000, the written statement that accompanies the plan is considered to be specifically material to the assessment of the planning application:
Policy O/RES/P/19, which relates to residential development in other parts of Onchan, states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings."
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains four policies that are considered specifically material to the assessment of this current planning application:
3.2.1 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:
(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;
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(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; (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."
3.3 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."
3.4 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."
3.5 Transport Policy 7 states:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.5.1 Appendix 7 sets out the parking standards for different types of development. For typical residential:
"2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
3.6 Housing Policy 14: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings).
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Generally, the design of the new building should be in accordance with Policies 2- 7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.
3.6.1 It is also worth mentioning the definition of 'Previously Developed Land' as contained in Appendix 1 of the Strategic Plan.
Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.'
The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings). There is no presumption that land that is previously-developed is not necessarily suitable for housing development nor that the whole of the curtilage should be developed.
Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."
3.7 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."
3.8 The Department has recently published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
PLANNING HISTORY 4.1 Planning approval was recently granted for the demolition of existing and erection of a replacement dwelling.
4.2 Prior to that, planning approval was granted for the Erection of a single storey flat roof extension to provide disabled en-suite off master bedroom, formerly under 05/01080/B. What was approved in 2005 is of a scale that is significantly lower than what is currently proposed.
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4.3 As well, approval was also granted for alterations and extensions to dwelling, including new garage under PA 97/01450/B via a Planning Committee in September 1998.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'do not oppose' in the letter dated 28 January 2020.
5.2 Onchan Commissioners have recommended that the application be approved for planning purposes only in letter dated 4 February 2020.
ASSESSMENT 6.1 The key issues to assess are whether the proposal has any adverse impact on the streetscene in terms of its character and appearance, if there is any adverse impact on the living conditions of those in adjacent property and whether the proposed replacement dwelling complies with the provisions of the Strategic Plan, particularly Housing Policies 4 and 14.
6.2 Impact on the Streetscene
6.2.1 The streetscene is very varied with a mixture of traditional and modern single storey and multi-storey dwellings. The proposed dwelling will be strikingly different from its neighbour on the eastern boundary (Engleberg) in mass and finish materials; however its contemporary feel would reflect the character of the modern three-storey dwelling on the western boundary (Thallooyn My Creg).
6.2.2 The height of the property is not out of keeping with those around it although the massing will be considerably increased. Granting the proposed massing would make the dwelling more visible within the street scene, it is considered that the proposed design and finishing would fit seamlessly into the street scene which is considerably varied. Besides, a greater proportion of the properties within King Edwards Road have massing that are similar or larger than what is proposed, and as such the proposal will not be out of keeping with the character of the locality.
6.3 Impact on neighbouring dwellings
6.3.1 With regard to impact on neighbouring property, the proposal extends only slightly further backward overall than does the existing property but is at a greater height and mass, with the possibility to have adverse impacts on Engleberg on the eastern boundary. Due to the increase in mass, there will be some impact on the outlook to the right from the residents of Engleberg as there will be an additional and higher building mass closest to this, but not projecting significantly further back than does the existing rear elevation. This relationship is however softened by the fact that the area is characterised by a mixture of buildings with varying masses which creates a unique context to how neighbouring developments are viewed. It is also considered that occupants of this abutting dwelling have not registered any objections to the proposal and have also had an agreement with the applicant to purchase a strip of their land on the boundary with the application dwelling; which is an indication of some understanding between the owners of both properties. As such, it is not considered that this will be so great as to warrant refusal of the application, given the relationships between the properties in this part of the town.
6.3.2 At the rear, the mass would be less significant, considering the site slopes southwards; which would ensure that the building appears sunken into the landscape and
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less dominating when compared to the neighbouring dwellings. It is also noted that most of the properties at the rear of the application site are of a similar mass as the proposed and sit on higher site levels than the application site.
6.3.3 It is clear from the submitted plans and elevations drawings that there would be no overlooking introduced by the development on the neighbouring dwelling, considering there would be an increase in the height of the dwelling and with additional apertures subsequently introduced. This is hinged on the fact that no windows would be introduced on the elevation with Engleberg on the east. Likewise, the windows on the elevation with potential to overlook Thallooyn My Creg on the western boundary will only serve non- habitable rooms (bathrooms), with the boundary between both dwellings designed to allow inter-visibility between the properties; and as such the impacts that could result on this elevation would be negligible.
6.3.4 In the case of the rear elevation, the property at the rear with the potential to be overlooked which is number 63 Howe Road is on a significantly higher elevation with views to the application site. Moreover, No.63 Howe Road has a thick line of trees and a 1.8m high hedge on its rear elevation, despite the fact that the affected elevation only has a single window which serves a non-habitable room.
6.4 Compliance with Housing Policy 4 and 14.
6.4.1 It is considered that the new dwelling will be located primarily within an existing town and within a predominantly residential area which is in compliance with HP 4. The new dwelling is on a footprint slightly larger than the existing and is greater than 50% of the existing floor area when measured externally, which is greater than the 50% generally accepted. There are, however, within HP14 two provisions for stepping away from a replacement dwelling with floor area greater than 50% of the existing. The policy allows this replacement to occur where it can be demonstrated that the new house is of modern or of innovative design and where there would be no adverse visual impact; - which the current application is considered to be.
6.4.2 The large sections of glazing on the front elevation will allow more natural light into large sections of the dwelling with limited dependence on the use of electricity for lighting. Additionally, its low carbon design which would maximize the use of 4KW solar panels and solar thermal panels compatible with Mega Flo systems would ensure that the dwellings stays sustainable. This is also strengthened by the fact that the dwelling will utilize thermo dynamic panels to provide hot water during the day and night via a system similar to an air pump heating system installed on the roof, which would ensure that the dwelling meets 88% hot water needs independent of solar gain. As such, it is considered that the proposal complies with HP14.
CONCLUSION 7.1 Overall, it is considered the proposal would comply with the relevant planning policies of the IOM Strategic Plan 2016 for the reasons outlined within this report and therefore it is recommended that the application be approved.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure;
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(d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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: 16.03.2020
Signed : P VISIGAH 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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PLANNING COMMITTEE DECISION 16.03.2020
Application No. : 20/00026/B Applicant : Miss Lynne Earnshaw Proposal : Erection of a replacement dwelling Site Address : 117 King Edward Road Onchan Isle Of Man IM3 2AX
Planning Officer : Mr Paul Visigah Presenting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 16th March, 2020 subject to the addition of condition 6 to reflect the recently submitted Confirmation of SAP Rating for the New Dwelling (13/3/2020):
Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates the new dwellings has a Standard Assessment Procedure (SAP) rating of at least 93 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department (planning) to demonstrate that the SAP rating of at least 93 (or similar rating system) has been achieved.
Reason: the reason why the application is considered acceptable is due to the overall environmental impacts as outlined on Housing Policy 14 and namely the eco efficiency credentials of the new dwelling.
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