Loading document...
==== PAGE 1 ====
20/00293/A Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00293/A Applicant : Mr Timothy & Mr Peter Luft Proposal : Approval in principle for residential development addressing means of access Site Address : Land South Of Leyton Victoria Road Douglas Isle Of Man IM2 6AQ
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit : 03.05.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.06.2020 __
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. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. All built development forming the dwellinghouse, excluding the access and driveway, should be kept within the "minimum development area" (shaded in green) as shown on drawing TR- 16119.
Note: The applicant is strongly recommended to discuss any Reserved Matters application with the Planning Directorate prior to submission.
==== PAGE 2 ====
20/00293/A Page 2 of 11
Reason: In order for the dwelling to fit comfortably and unobtrusively into the landscape.
C 5. The existing trees marked for retention shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the appearance of the development and the surrounding area.
C 6. The means of vehicular access to and from the site shall be only as shown on the approved plan Drawing 2.
Reason: To ensure the free and safe use of the highway.
C 7. Prior to any other works commencing on site other than the tree protection measures referred to in condition 5, the access and visibility splays on drawing no WL/20/1484 date stamped 05/03/2020 shall be constructed and remain free from obstruction thereafter.
Reason: In the interests of Highway Safety
C 8. Detailed drawings of the following shall be submitted to and approved in writing by the Planning Authority before the relevant part of work is begun. The details hereby approved shall be carried out in accordance with that approval: o Street layout, including any turning points o Pedestrian and vehicle areas within each plot o On-plot car and bicycle parking o Electric vehicle charging point (s) o Waste bin storage and collection point.
Reason: In interests of highway and road user safety.
C 9. The replacement tree planting shall be carried out in accordance with the tree planting drawing (MP-11520) and the BS8545:2014 Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the removal of the existing trees. Any replacement trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
N 1. In order to discharge condition (5 and 6) of this permission it is necessary to obtain separate approval of the specification and construction details. The applicant must enter an agreement with the Council under Section 109(A) of the Highways Act 1986. The applicant is advised to make early contact with the Highway Services. In the first instance by emailing: [email protected].
N 2. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird
==== PAGE 3 ====
20/00293/A Page 3 of 11
o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins.
Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
This application has been recommended for approval for the following reason. The proposal is considered acceptable and to be in accordance with the land use designation of the Douglas Local Plan and appropriate to the draft proposals set out in the pending Area Plan for the East. Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2, Strategic Policy 2, Environment Policy 42 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the Planning Statement, Structural Report, Tree Management Survey Data Tables, Drawing Nos. WL/20/1484/1, WL/20/1484/2, WL/20/1484/3, WL/20/1484/4, TR- 16119 (Draft Development Area), TS-16119 (Tree Constraints) date stamped and received on 5th March 2020, and Email from Agent, Drawing No. MP-11520 (Tree Planting) and Mitigation Planting Plan date stamped and received on 19th May 2020.
__
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties 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):
52 Alberta Drive, Onchan as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and are not within 20m of the site in accordance with paragraph 2B of the report. __
Officer’s Report
SITE 1.1 The site defined in red is a parcel of land situated south of Leyton, Victoria Road, Douglas located on the western side of Victoria Road. The site which measures approximately 0.86 acres in size also has Sunny side Cottage and Ballawana situated on the south-east boundary, the Willows on the south-west boundary and the Football Clubhouse Sports ground on the North- west boundary. The site is presently undeveloped and has its eastern boundary enclosed by a Manx stone wall which rises from about 1m to 1.5m along this boundary, and a thick line of mature trees that runs along the entire stretch of this boundary.
1.2 The boundary wall has two gated openings which provide access into the site, although both are currently closed. The site has a frontage to Victoria Road of around 55m, while its boundary with Leyton is about 49m. Also, the land to rear of the boundary wall on the eastern boundary wall is higher than the roadside and varies along the length of the boundary wall.
==== PAGE 4 ====
20/00293/A Page 4 of 11
There is also a large cluster of mature trees spread across the entire southern boundary, with a small cluster of trees on the boundary with Leyton in the north.
1.3 The suggested development area would cover about 40 percent of the site and is situated directly south of Leyton on the north and the entire front boundary is linked to Victoria Road. The southern boundary is set about 6m away from the base of the closest nature tree situated on the southern section of the site. There is a blue line boundary around Leyton indicating that the property is on land within the ownership of the applicants.
PROPOSAL 2.1 The application seeks approval in principle for residential development addressing means of access. Access is the only matter seeking determination at this stage, and this would be provided off a new access situated on the eastern boundary of the site, about 8m off the existing access to Leyton.
2.2 The new access will be 10.6m wide and 6m deep from the edge of the new gate to the edge of the highway. The access will have a straight offset of 3.5m, and then narrow in towards the gates creating two arched enclosures that terminate at the gate posts which would be 4.8m apart.
2.3 As well, the ground level behind the stone wall covering a span of 2m along the entire stretch of the eastern boundary will be reduced to the road level, while an embankment about 2m wide will link this reduced site level to the entire site, rising towards the site.
2.4 The existing wall to the frontage of Leyton will be reduced in height to 1m above the road level and any vegetation within the sight line zone (shown in the visibility splay drawings) to be removed to aid site egress visibility. Also, the existing stone boundary wall on the frontage of site will be demolished and reconstructed to 1m above the road level. As well, there is to be no vegetation or physical structure within the sight visibility zone that exceeds 1m in height. These works will ensure that the 2.4m x 45m visibility sight line is achieved on both side of the proposed access to the site.
2.5 The trees strung along the site boundary and in close proximity to the boundary (situated within the reduced site level on the site) will be removed. A total of nine trees would be removed in this process.
2.6 The proposed gate will be 1.8m high and 4.8m wide, and will be made of hardwood framed with steel bar across infill gates to detail. A hardsurfaced driveway will be laid after the gates to serve the development at 1:10 max gradient.
2.7 Other reserved matters relating to siting and density of any residential development together with design, external appearance and landscaping will be the subject of a future reserved matters application.
PLANNING POLICIES 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the Douglas Local Plan 1998 (Map 3). Within the Area Plan for the East Draft Map 4 (Douglas) 2018, the area is also classified as 'Open Space', and the site is adjacent/near to the Little Switzerland Conservation Area.
3.2 The site is zoned to be located within 'Existing Settlement Boundary (ESB)' on the Area Plan for the East: Draft Plan All Sites List. The site is also classed as a Category 2 site - Sites where there are policy decisions to be made about the proposed land use and therefore require assessment through the Site Assessment Framework.
==== PAGE 5 ====
20/00293/A Page 5 of 11
3.3 The site Assessment Report for the site (DH050) which accompanies the Draft Area Plan for the East 2018 provides the following advice that would be vital in the assessment of the application:
3.3.1 Site Assessment Report - Final Summary Proposed Use (CFS Stage): Residential Status as at Draft Plan Stage (25th May 2018): Wash as Predominantly Open Space Cabinet Office Recommendation Post Draft Plan: Wash as Predominantly Residential
3.3.2 Site Screening - Draft Assessments The assessment stipulates the following regarding the site: i. Treat as Greenfield but has been used in the past established coverage of trees / planting indication. ii. No registered tree areas on site but mature trees not protected and could be accommodated within the development, adjacent to a conservation area. iii. Surrounding land uses are compatible iv. Situated close to existing residential area with good transport links and community facilities. v. Required infrastructure could be easily provided in this area. vi. The site is developable
3.3.2 Recommendations Proposed residential use would be compatible with surrounding uses. It is therefore recommended to show the site as Predominately residential, similar to the surrounding area.
3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.5 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."
3.6 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.7 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
3.8 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."
3.9 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;
==== PAGE 6 ====
20/00293/A Page 6 of 11
(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; (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
3.10 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."
PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning application and as such there are no previous planning applications that are considered specifically material to the assessment of this current planning application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division has written in with the following comments in a letter dated 23 April 2020:
The site is considered to be accessible. The proposal shows the formation of a new recessed, gated access narrowing to a 4.8m approach at the gate which is set back 6.0m from the carriageway edge. It is to be provided with visibility splays of 2.4 x 45m in each direction. The access is acceptable is layout terms with the visibility more than suitable for the 30mph speed limit. It would be able to cater for two-way movements for a small scale residential development. Notwithstanding, the proposal necessitates tree loss on alteration of the boundary and replanting will be necessary on provision of a schedule as indicated by DEFA Forestry. Additionally a separate approval and Highway agreement is necessary to form the connection to the adopted highway under s109A of the Highways Act 1986 No indicative internal arrangements are shown. Full details will be necessary to show the street layout, plot pedestrian and vehicle access and layout, car and bicycle parking, bin storage and collection and other ad hoc servicing arrangements within the site where applicable. The layout should conform to dimensions set out in 2017 Manual for Manx Roads guidance available at: https://www.gov.im/media/1359885/mfmr-103.pdf
==== PAGE 7 ====
20/00293/A Page 7 of 11
Streets serving five or less dwellings are not considered for adoption as highway maintainable at public expense, but should be constructed to an adoptable standard. Where the street is to remain private, future owners and occupiers should be informed of rights of access, liabilities and obligations for upkeep etc.
Any turning point should be shown to operate by means of a swept path analysis for the largest vehicle likely to use the site. This is typically, a waste collection vehicle.
Consideration should be given to the arrangement for access by fire and rescue and other emergency vehicles.
Driveway widths should be 3.3m wide where shared by pedestrians and vehicles.
On-plot parking for cars should be provided to accord with the Parking Standards set out at Appendix 7 of the 2016 Strategic Plan https://www.gov.im/media/1350906/the-isle-of-man- strategic-plan-2016-approved-plan-15_03_16.pdf
This requires two car parking spaces per unit for a typical residential development. An electric vehicle charging point should be provided to each unit for use by each parking space with details of charger type and position shown. A car parking space should have a width of 2.6m to accommodate at EVCP. Bicycle parking should be provided within a secure, covered storage facility which could be a garage where internally dimensioned to 6.0 x 3.0m or in separate provision. Details of the position storage type should be shown.
Accordingly, Highway Services do not oppose the proposal subject to conditions and advisory being applied as follows:
Conditions: a) Approved Vehicular Access: The means of vehicular access to and from the site shall be only as shown on the approved plan Drawing 2. Reason - To ensure the free and safe use of the highway. b) Further details: Detailed drawings of the following shall be submitted to and approved in writing by the Planning Authority before the relevant par of work is begun. The details hereby approved shall be carried out in accordance with that approval: o Street layout, including any turning points o Pedestrian and vehicle areas within each plot o On-plot car and bicycle parking o Electric vehicle charging point (s) o Waste bin storage and collection point.
Reason: - In interests of highway and road user safety.
Advisory: In order to discharge condition (...) of this permission it is necessary to obtain separate approval of the specification and construction details. The applicant must enter an agreement with the Council under Section 109(A) of the Highways Act 1986. The applicant is advised to make early contact with the Highway Services. In the first instance by emailing: [email protected]. Recommendation: DNOC
5.2 Douglas Borough Council has stated that they have no objections to the application in a letter dated 24 March 2020.
5.3 DEFA's Ecosystem Policy Officer has made the following comments regarding the application in a letter dated 26 March 2020: We have records of Japanese Knotweed on/near the site. This plant is listed on Schedule 8 of the Wildlife Act 1990 and it is an offence to plant, or otherwise cause it to grow in the wild. I request
==== PAGE 8 ====
20/00293/A Page 8 of 11
that care is taken to ensure that it is not spread during any future works, and if present, its responsible removal should form part of the works. Japanese Knotweed, if left untreated, could cause significant damage to any structure on the site and therefore it is in the best interests of the applicant to ensure this is removed, if present, prior to works taking place.
Should the application be approved in principle, I would like to request a condition that further development proposals must only take place in the proposed development area, and no development should take place which will result in the removal of any trees marked for retention, as defined in the proposed site plan.
Due to the loss of trees to facilitate the proposed access and development, any landscape plan submitted with further applications should include details of replacement planting with Manx Native Species.
There is potential for nesting birds in the vegetation which is to be removed to facilitate the proposed access, therefore I recommend the following advisory note is provided to the applicant:
All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swifts, swallows or house martins. Thorough checks for birds, their active nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
5.4 DEFA's Senior Arboricultural Officer has made the following comments regarding the application in a letter dated 7 April 2020:
The row of lime trees adjacent to Victoria Road have been categorised as Category B trees (BS5837:2012), meaning they are good quality trees suitable for consideration as a material constraint to development. As well as being good quality trees, they also visually prominent in the street scene and make a significant contribution to the visual amenities of the area. Despite this, however, there are two critical issues which could make removal acceptable:
There are also 2 additional factors (not critical) which should be considered. 3. Lime trees in this setting (urban, adjacent to road) often require a cycle of maintenance to manage various nuisance and conflict issues. In any future scenario, based on current management structures/strategies for street trees, this is something that is unlikely to happen. 4. The removal of these trees would allow new trees to be planted. This would create an opportunity to diversify the species mix and age structure along this section of Victoria Road.
The Directorate's ability to support the removal of these trees would be dependent on i) the quality of the replanting proposals
==== PAGE 9 ====
20/00293/A Page 9 of 11
ii) the retention and adequate protection of trees elsewhere on the site, particularly the block of woodland at the southern end of the site and iii) the likelihood that the development will create a harmonious relationship between the trees (existing and newly planted) and the proposed structures.
The Officer therefore requested that an acceptable planting scheme be submitted to support the application.
5.4.1 In response to the request by DEFA's Senior Arboricultural Officer for a replanting scheme, the applicants have submitted a Mitigation Planting Plan (19/05/2020).
5.4.2 Having reviewed the Mitigation Planting Plan, DEFA's Senior Arboricultural Officer has written in with the following comments in a letter dated 19 May 2020:
Following the submission of the tree planting details one of the major concerns raised has now been addressed. In addition to the condition recommended below, regarding the submission of a tree protection plan with a future reserved matters application, I recommend that you also consider applying the following condition to ensure that the proposed planting is delivered:
The replacement tree planting shall be carried out in accordance with the tree planting drawing (MP-11520) and the BS8545:2014 Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the removal of the existing trees. Any replacement trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
5.5 The Owner/Occupier of 52 Alberta Drive, Onchan wrote in with the following comments in a letter dated 17 June 2020:
I write to express my extreme concern over this application as nowhere in the details supplied is any reference made to the location on this site of three brick and concrete Second World War air raid shelters built to accommodate 584 persons from HMS St George. The site is referred to in the acclaimed ' Isle of Man 20th Century Military Archaeology, Part 1 Island Defence' by Paul Francis AIFA and published by the Manx Heritage Foundation in 2006 ISBN 0 9547 180 6 2. There are very few remains of WW2 installations in Douglas.
It is important therefore that before any planning decision is made in respect of this site ,that the historical value of the shelters are assessed in terms of the Isle of Man and of the UK has information on them also being used for gas training.
5.5.1 After due consultation with other parties, another representation was sent in which nullifies the previous representation and provides clarity with regards to the Raid shelter referred to in the previous representation (17.06.2020). ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; and (b) Access matters (c) Loss of Trees.
6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is designated as predominately residential use and therefore the proposal for residential
==== PAGE 10 ====
20/00293/A Page 10 of 11
development is acceptable in terms of complying with the land-use designation. Whilst the Area Plan for the East Draft Plan 2018 classifies the site as 'Open Space', the Site Assessment Report which accompanies the Plan recommends the site for use as 'Residential' given that the proposed residential use for the site would be compatible with surrounding uses.
6.2.2 Consideration should also be given to Strategic Policies 1 & 2 which requires that new dwellings be located within existing sustainable settlements. Spatial Policy 1 indicates that the Douglas urban area will remain the main employment and services centre for the Island. The Strategic Plan also stated that a total of 2,440 new dwellings are required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings are also required over this same period throughout the Island. Given Douglas is regarded as the main employment and services centre for the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in or around Douglas.
6.2.3 Accordingly, given the above reason it is considered that the principle of developing the designated section of the site for residential purposes is acceptable.
6.3 ACCESS MATTERS 6.3.1 The lowering of the stone wall and trees lining the site frontage as proposed will achieve visibility of 2.4m x 45m visibility sight line on both sides of the proposed access all within a 30 mph zone; thus improving highway safety for vehicles exiting the site. It is also clear from the submitted plans and reports that the site can be accessed satisfactorily and that it can be developed for residential purposes. Highway Services also consider that the needed visibility can be obtained, and that the access is acceptable is layout terms with the visibility more than suitable for the 30mph speed limit. As such, it is recommended that the application is approved but only for the principle of residential development of the site and with the access as shown in the submitted drawing.
6.4 LOSS OF TREES 6.4.1 The impact of the proposed alterations on the site boundary to facilitate the creation of a suitable access with appropriate visibility splays on the existing trees is another factor that requires due evaluation. Whilst a number of mature trees on the site frontage would be felled to provide adequate conditions for highway safety, the applicants have proposed satisfactory tree replacements, supported by a Mitigation Replanting Scheme to guide the systematic tree replacement on the site. As such, it is not considered that the loss of trees would be sufficient to warrant a refusal given that new tree species will be planted to reinstate the contributions of the trees on the site. As well, conditions would be attached to ensure that development on the site is contained within the proposed development area to ensure the protection of the trees marked for retention on the site, in addition to ensuring that the submitted replanting scheme becomes integral to the current proposal and future developments on the site.
6.5 OTHER MATTERS 6.5.1 The site is sufficiently far from neighbouring dwellings such that there is not considered to be any reason that the proposed dwellings would have an unduly harmful effect on neighbouring living conditions. The only dwelling with the possibility to be impacted is 'Leyton' which is within the ownership of the applicant. It is, however, noted that the orientation of Leyton which faces south, as well as its position within its site which is about 16m from the boundary with the application site would ensure that there are no impacts resulting from the erection of a dwelling on the site on this neighbouring property. The southernmost part of the application site would be sufficiently screened by the existing trees on site, diminishing any potential for impacts on the two dwellings, Sunny side Cottage and Ballawana situated on the south-east boundary of the site.
RECOMMENDATION 7.1 Overall, it is considered the principle of residential development is appropriate on this site for the reason indicated and therefore it is recommended that the application be approved.
==== PAGE 11 ====
20/00293/A Page 11 of 11
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; (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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given interested person status.
__
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 26.06.2020
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal