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20/01033/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01033/B Applicant : HARTFORD HOMES Proposal : Erection of three detached dwellings with integral garages and alteration to road (incorporation amendments to PA 18/00955/REM) Site Address : Plots 5, 6 & 7 Ballabeg Grove Main Road Glen Vine Isle Of Man IM4 4HZ
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.11.2020 __
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. 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 on plot 7 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 protection of the adjacent trees.
C 3. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots submitted in support of the application shall be adhered to in full. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department.
Reason: to ensure that the trees shown to be retained are not removed during or after construction.
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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 dwellings, 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.
C 5. On completion of the access road approved under 19/01396/B the turning head shown on plan 027A must be removed and the area grassed or finished to match the landscaped strip on both sides.
Reason: to ensure that the landscaping of the site is appropriate.
This application has been recommended for approval for the following reason. The proposal is considered to accord with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guidance.
Plans/Drawings/Information; This decision relates to drawings 026A, 027A, 029A, TR081020, TP081020 and TS0810120 all received on 12th October, 2020 and 028, ITB14248-GA-007 and the Tree Protection Statement and Arboriculturist Statement both dated 08.10.20 all received on 18th September, 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 4(2):
Suncrest as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE SITE 1.1 The site is a parcel of land which lies on the north eastern side of the A1 Main Road as it runs through Glen Vine. The site lies to the south east of the traffic lights. It formerly contained a dwelling, Ballabeg, with outbuildings which have been demolished. There are two means of access to the site - a vehicular driveway which runs from the A1 and a pedestrian lane which runs to the north west from the site and links it with Glen Vine Park.
1.2 There are a number of trees on site around the periphery.
1.3 The site has been subject to an application in principle and reserved matters for the development of the site for 7 dwellings (referred to in detail in section '3.0 Planning History' of this report). The proposal included the construction of the estate access direct from the main road and an internal private road running along the southernmost boundary. The 7 dwellings are situated on the northern side of the plot and orientated to follow the bend around to the east. The approved scheme has been amended through a later application for plots 2, 3 and 4 under 19/01201/B.
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20/01033/B Page 3 of 7
1.4 The development is now well under way with the houses closest to the road already near completion.
PROPOSAL 2.1 The current application seeks approval for an amendment to the position of the previously approved dwellings on plots 4, 5 and 6 bringing them closer to the internal access road and further from the trees lining the rear northern boundary.
2.2 The house on plot 5 is proposed to be re-orientated such that one corner is in a similar location to that approved but the rest of the house swung round to be closer to the estate road, reducing the driveway from 9.9m to 9.3m approximately.
2.3 The house on plot 6 is proposed to sit 6m closer to the road, increasing the driveway from 5.9m long to 8m through the removal of the turning head.
2.4 The house on plot 7 is proposed to sit 3m closer to the estate road, much closer than other properties in the estate with the driveway length increased from 8.3m to 9.9m through the change of design of the house.
2.5 The house types on plots 6 and 7 are to change and the changes result in the removal of additional trees to those which would have been felled as a result of the approved scheme.
2.6 The plans have been amended to reduce the impact on existing trees and to address issues raised by third parties: the house on plot 7 will now be a York and repositioned so that it does not necessitate the removal of trees to the rear. They also confirm that once the road through to Greeba Avenue is constructed to base level and safe to be used by residences they will remove the temporary turning area and will revert back to landscaping.
PLANNING HISTORY 3.1 Planning approval was granted for the principle of the development for seven dwellings including matters of the internal layout of the site, means of access and landscaping under 16/01316/A in April, 2017. A reserved matters application was subsequently submitted and approved in 2018 under 18/00995/REM for the 7 dwellings and subject to the following conditions:
C1. The development hereby approved must be commenced prior to 6th April, 2021.
Reason: to accord with the terms of the approval in principle and to avoid the accumulation of unimplemented planning approvals.
C2. All tree retention, protection and removal must be undertaken in accordance with the measures and provisions set out in the Tree Report prepared by Manx Roots and dated 3rd October, 2016 and updated 17th September, 2018. In addition, prior to the commencement of works hereby approved, there must be approved by the Department, a schedule for the monitoring of tree retention, protection and planting to be undertaken by an appropriately qualified tree specialist. This schedule must include measures to introduce the fencing as shown in the approved drawings, which is to be erected within the Construction Exclusion Zone. The development must be undertaken in accordance with the approved schedule.
Reason: to ensure the retention and planting of trees in accordance with the approved drawings.
C3. Notwithstanding the planting schedule shown in drawing 006, four, rather than five Ulmus New Horizon may be introduced to the rear of plots 5 and 6 with greater spacing
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between each tree and the field maple to be introduced should be the cultivar Arends, Elegant or Queen Elizabeth or other compact sub-species or variety with an ascending habit. An amended landscaping plan showing these changes must be approved by the Department prior to the commencement of any building or excavation works and the development must be undertaken in accordance with these details.
Reason: to ensure that the proposed planting is effective and will survive.
C4. 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 on plot 7 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 protection of the adjacent trees.
3.2 As stated above, permission was then sought and granted for the change of positions of the approved houses on plots 2, 3 and 4 under 19/01201/B.
PLANNING POLICY 4.1 The site lies within an area of Predominantly Residential use on the Town and Country Planning (Development Plan) Order 1982 and the draft Area Plan for the East. As such, there is a presumption in favour of residential development subject to compliance with the general standards of development set out in General Policy 2 as follows:
4.2 General Policy 2 states (in part):
"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; (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 and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways"
4.3 Account must be taken of the fact that full planning approval has already been granted for the seven dwellings including the detail of the access, landscaping and house type.
4.4 The IOM Strategic Plan states a need for 2 car parking spaces per residential dwelling however no space size standards are given. In this respect guidance will be sought from the Manual for Manx Roads (MfMR) in understanding the current space size standards for car parking spaces.
Car parking within a garage = 6m x 3m per 1 car space
Length of private driveway in front of garage door (no entrance gates) = 6m long (per space)
Driveway (shared vehicle and pedestrian) = 3.25m wide (per space)
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4.5 As the garages for plots 5 and 6 are 6.3m x 6.3m and that on plot 7 is 5.4 by 5.4m they are not sufficient (in width) to accommodate two parked vehicles but could accommodate one but in any case the driveways are more than sufficient to accommodate the remaining vehicles.
4.6 The Residential Design Guidance sets out advice on the design of new residential development, suggesting that the context of the site and characer of existing development around it should be considered.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Marown Parish Commissioners seek a deferral on 07.10.20 until after 21.10.20 and then confirm that they have no objection on 22nd October, 2020. They advise on 4th November, 2020 that their next meeting is not until 18.11.20 and would appreciate the determination being deferred until after then. However, the 8 week period from validation expires on 17.11.20 and as the Commissioners had no objection to the initial plans which had a more significant impact, it is not considered necessary to await the further comments in this case.
5.2 Highway Services commented on 30.09.20 as follows:
The proposal is acceptable in highway terms showing repositioned vehicle accesses and driveways to plots 5, 6 and 7 and relocation of the turning head. Driveways are to have adequate dimensions for shared use and 'open' parking with garages to a similar size under 18/00955/REM which should allow for a smaller vehicle and / or storage of bicycles and other items. The submitted swept path analysis demonstrates that a waste collection vehicle of approximately 10.32m can enter, turn and leave, but the turn could compromise the northernmost planned speed table under 19/01396/B, especially of the ramp due to the weight and turning manoeuvres. This assumes that there is an intention to retain the turning head on the road extending to Greeba Avenue, and would be subject to timing of the developments. If the turning head is to be retained on the extension, a revision to the speed tables would be necessary. Clarification would be helpful. Any submitted drawings under a s4 Highway Agreement for highway adoption will require separate amendment or revision by deed of variation, if necessary.
Accordingly, Highway Services raise no opposition subject to clarification over the speed table and should Planning be minded to approve conditions should apply for access, pedestrian and vehicle areas to accord with Drawing no27 and ITB14248-GA-007 with an advisory for a revision to the s4 Agreement(s), where applicable.
On 15.10.20 they confirmed by e-mail that "The email below from Hartford Homes (Paul Brew) clarifies and confirms matters from the Highways' viewpoint and would not require the alteration to the speed reducing facility. The temporary turning head would be removed on the through route being laid out and before the speed reducing facility was installed. The annotation on Drawing No. 27 should suffice for Highways to continue with no opposition subject to conditions as indicated in its response dated 30 September 2020."
On 26.10.20 added "no further comments" over their original. On 26.10.20 Highway Services added "no further comments".
5.3 DEFA Forestry comment on 26.10.20 as follows:
The character of the site has change recently due to the construction of Ballabeg Grove, with some recent loss of canopy cover. The 2 elm (T17 and T18) that are located on the boundary between the development and Reayt Ailin are good quality trees and will continue to supply benefits to the potential new and existing resident.
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All of the trees apart from T22 and G1 that are shown for removal on the tree removal plan produced by Manx Roots were previously approved under PA 18/00995/REM. G1 and T22 are in average condition and provided little value to the wider landscape. We would not object to their removal.
Manx Roots tree protection plan shows some conflict between the root protection area of T18 and the proposed turning circle, it only appears to be minor and due to the nature of elm, it is unlikely that it will cause the tree long term harm. The fencing plan will provide the trees adequate protection. I would recommend the following condition to insure this;
The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots submitted in support of the application shall be adhered to in full. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department.
5.4 The owner of Suncrest commented on 28.09.20 that the first two trees listed in the Arboricultural Impact Assessment belong to him. He considers that tree 14 is in good condition and is stabilising the bank. Tree 15 is in fact two cherry trees twisted together. Tree 16 has been missed off the plan and was previously discussed and concluded that it would remain. He also notes that the dotted red line encroaches onto his land. No further comments have been reeived following the receipt of the amended and additional information part of which was to address these comments.
ASSESSMENT 6.1 The principle and general arrangement of this land has been accepted under both 18/00995/REM and 19/01396/B with the latter impacting on the former at the junction of the two sites and the later application providing access through both sites to link the A1 with Greeba Avenue. These amendments to 18/00995/REM take account of this new link and make temporary provision for a turning facility which will be removed and the area planted and left as open space when no longer required. Highways have confirmed that they are content with the scheme as submitted without the need for alteration.
6.2 The proposed houses will have no significantly different impact on the existing trees and introduce additional tree planting over the approved scheme. The house types are typical of the estate and there will be no significant or adverse impact from the change in house type or the slight relocation of the houses on the plots.
6.3 The issues with the trees have now been resolved through the submission of additional plans.
CONCLUSION 7.1 The proposal is considered to accord with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guidance.
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
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(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 Planning Committee must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status
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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 17.11.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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