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20/00494/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00494/B Applicant : Mr Graham Garrett Proposal : Variation of condition 2 of PA 18/00024/A, approval in principle for the erection of a dwelling to the rear of existing shop, including means of access, to extend the period of approval for a further 2 years Site Address : Sulby Shop Gara Aalin Main Road Sulby Isle Of Man IM7 2HR
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.06.2020 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019.
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 ensure that full details of the development have been considered and approved, and to comply with the relevant provisions of the Town and Country Planning (Development Procedure) Order 2019.
C 4.
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The visibility splay(s) identified on drawing 2; shall be constructed in accordance with the approved plans prior to the occupation of the dwelling and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. It is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, result in significant adverse impacts upon highway safety nor prejudice the use of adjoining land (i.e. retail use).
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 1, 2 & 01 all received on 13th May 2020.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 SITE 1.1 The application site is the curtilage (0.22 acres) of the Sulby Shop, Gara Aalin, Main Road, Sulby. The property is part single part two storey, which is located on a corner plot with the Main Road to the north and the Sulby Glen Road to the east. The property has two distinct parts, the two storey aspect accommodates the existing shop, while the rear timber constructed single storey aspect accommodates a residential dwelling (Gara Aalin), which is interconnected with the shop, albeit does have its own separate entranceway (porch). To the south/southeast of the site are lawned areas with landscaping/trees along the southern and western boundaries of the site. The roadside boundary comprises of a Manx stone wall.
2.0 PROPOSAL 2.1 The application seeks approval for the Variation of Condition 2 of PA 18/00024/A approval in principle for the erection of a dwelling to the rear of existing shop, including means of access which is for determination at this stage.
2.2 The works include the demolition of the existing residential property and siting a new dwelling within the southern part of the site. No details are included within the application in terms of the size or design of the dwelling. These would be matters considered at any future Reserved Matters application. An indicative footprint is included on the submitted site plans.
2.3 A new access would be created by the removal of part of the existing Manx stone wall, accessing directly onto the Sulby Glen Road. The access would have visibility splays of 2m x 34m in southeast direction and 2m x 19m in a northwest direction towards the crossroads. The new access would also serve a new off road parking area to the rear and associated with the shop. An additional space (layby arrangement is also proposed along the northeast roadside boundary.
3.0 DEVELOPMENT PLAN POLICIES 3.1 The Sulby Local Plan Order 1999 designates the application site as being an area of "Retail" use. The site is not within a Conservation Area, nor within an area of Area of High Landscape
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Value and Scenic Significance. Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:-
3.2 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."
3.3 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."
3.4 Spatial Policy 4 also identified Sulby as being within a village where; "development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities."
3.5 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."
3.6 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016."
3.7 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
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(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
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 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.10 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. The current standards are set out in Appendix 7."
3.11 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."
3.12 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
3.13 The following paragraph taken from the Isle Of Man Strategic Plan is relevant to consider: "9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally."
3.14 Sulby Local Plan Order 1999 POLICY : CM/P/2 states: "IMPROVEMENTS AND EXPANSION TO THE EXISTING RETAIL AND RESTAURANT USES WITHIN THE VILLAGE WILL BE ENCOURAGED. ANY PROPOSALS TO EXTEND THE EXISTING SHOP AT SULBY CROSS-ROADS WILL NEED TO INCLUDE PROVISION FOR OFF STREET PARKING. ANY CAR PARKING PROPOSALS SHOULD INCLUDE PROVISION FOR LANDSCAPING ALONG THE BOUNDARIES."
4.0 PLANNING HISTORY 4.1 The previous planning application is considered relevant in the assessment and determination of this application:
4.2 "PA 18/00024/A - Approval in principle for the erection of a dwelling to the rear of existing shop, including means of access which is for determination at this stage - Approved with the following conditions attached:
"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.
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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.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: In the interests of highway safety."
5.0 REPRESENTATIONS 5.1 Highway Services (09.06.2020) do not object, making the following comments:
"DNOC - If approved, this application does not satisfy the conditions 3 and 4 under approval 18/00024/A. If appropriate, please repeat these conditions."
5.2 Lezayre Parish Commissioners recommend an approval (26.06.2020).
6.0 ASSESSMENT 6.1 The material question with this application is whether there have been any material planning consideration (land used designation, change in IOMSP etc) which would result in a different outcome. There are not and the land designations planning policies are the same now as they were in 2018. For reference the officer's report for application 18/00024/A is quoted below in full;
"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 developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; and (c) potential impact upon the visual amenities of the street scenes.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is designated for development, albeit not for residential development, but for retail development. The Sulby Local Plan Policy CM/P/2 indicates that expansion of the existing retail areas within the village will be encourages. However, it is also considered that the IOMSP Business Policy 9; "...supports new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas". If the entire site was proposed to be used for retail development, it is likely there would be concerns, as any retail shop would likely go beyond the "scale appropriate to the existing area". This view is also supported as Sulby Village is identified as a "Village" under Spatial Policy 4, which indicates development; "should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." It is not identified within as being within the Main Service Centre (Douglas), Services Centre
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(Ramsey, Peel, Port Erin, Castletown or Onchan) or within a Service Village (i.e. Laxey, Andreas etc); therefore the IOMSP appear to quietly clear wish only small scale retail in such areas. The proposal would still allow for the extension of the existing shop and the submitted drawing have given indicative locations where the shop could be extended to a scale in line with Business Policy 9. Further, parking provision is proposed under the current plans and therefore the proposal would comply with The Sulby Local Plan Policy CM/P/2 also. 6.3 Overall, while the land use designation is not for residential development, it is considered a single dwelling (arguable replacing an existing dwelling) to the southern part of the site would be acceptable, namely as the site is designated for some development, albeit the IOMSP would not appear to now wish new retail development at a scale which could be constructed on the site.
6.4 As such the general principle of a single residential dwelling on part of this site is concluded to be acceptable for all the reasons given. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.5 In terms of parking provision the Parking provision of the Isle of Man Strategic Plan 2016 generally seek two spaces for each dwelling. While the submitted information is indicative, it clearly demonstrates that two spaces and turning provision ca be provided within the site.
6.6 In terms of visibility splays, Highway services raise no objection and therefore the Department is satisfied that the access proposed (for full consideration now) is acceptable. A condition should be attached which requires all wall and boundary features within the splays should be no higher than 1.05m.
6.7 Overall, given no objection to the proposal from Highway Services, who have also consider the impact of the development upon the existing highway network, it is considered the proposals would comply with General Policy 2 and Transport Policy 4 & 7.
POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.8 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. The main public view would likely be when travelling past the site from the Main Road and the Sulby Glen Road. As states previously, there are no details of the dwelling at this stage, so the majority of this issue would be considered at a future Reserved Matters application.
6.9 The site is already development, with the existing shop and dwelling on site, as well as associated domestic structures (polytunnel/greenhouse) within the garden. The site also has clear boundaries formed by Manx stone walls and landscaping. The proposal would not result in the extension to the open field to the south or west of the site, but would be contained within the existed developed site. Accordingly, the department is comfortable at this stage, that an appropriately designed and sized dwelling could be constructed on this site which would fit with the character and quality of the area and the site itself.
Other matters 6.10 Comments from the IOM Victorian Society are noted and have been forwarded to the applicants. They have indicated they have been in contact with the Society and arranged for them to visit. Given the site is not within a Conservation are nor is the building Registered, attaching a condition for details of how the building could be disposes of, is considered to be going outside the remit of planning. However, as the applicants are happy to discuss the disposal of the building with the relevant groups, it is considered this matter can be dealt with by the relevant parties without the Department getting involved."
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6.2 As before it is considered the application for a single dwelling on this site is acceptable, subject to the same conditions begin attached.
7.0 CONCLUSION 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, result in significant adverse impacts upon highway safety nor prejudice the use of adjoining land (i.e. retail use). It is therefore recommended that the application be approved.
8.0 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 __
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 : 30.06.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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