Officer Report Recommendation

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission for the reserved matters for the erection of a dwelling and garage on a site zoned for residential use. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of the land between Cliffe Cottage and Greystones, Battery Road, Peel which is a vacant plot of land situated to the north eastern side of the highway. The land at the south side of the site slopes downwards in a northerly direction.

The Proposal

1. The application seeks approval for the reserved matters application for the erection of dwelling. The dwelling would be orientated to face in a westerly direction. The dwelling would be two storey in height, part of the site would be dug out to make it level and a retaining wall would be installed.

1. The dwelling would be finished with a hipped roof with a gable feature on the front elevation. The ground floor would extend further than the first floor the roof of this would be utilised by having a roof terrace which would be secured by glass ballustrading.

1. The windows and doors in the front elevation would be fairly large to make the most of the views across Peel Bay. There would be a pointed Manx Stone Plinth with slate cap; the remaining part of the dwelling would be finished with smooth render.

1. There is also a double garage which would be single storey with a pitched roof with a double door in the front elevation, a window and door in the side elevation and a window in the other side elevation. The finish would be to match the dwelling. There would be a feature window in the rear elevation which would be glazed with stained glass to reduce the impact of overlooking to the bungalows at the rear.

Application No.:	12/00720/REM
Applicant:	Abbey Properties Limited
Proposal:	Reserved matters planning application for the erection of a dwelling and garage
Site Address:	Land Between Cliffe Cottage And Greystones
	Battery Road
	Peel
	Isle Of Man

1. The remaining site would be landscaped including the installation of griselinia hedge on the rear boundary which would be inside the fence. The existing screening on the side boundaries is to be retained as part of the application.

Planning History

1. The following previous planning applications are considered to be specifically material in the assessment of the current application:

PA 04/02403/A Approval in principle for the erection of three dwellings – refused on review

PA 10/00219/A Approval in principle for erection of a dwelling – permitted

Development Plan Policies

1. The application site is in an area zoned as "Predominantly Residential" identified on the Peel Local Plan 1990. It is appropriate to consider General Policy 2, Housing Policy 6 and Environment Policy 42 of the Isle of Man Strategic Plan (20th June 2007).

1. General Policy 2

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 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.

1. Housing Policy 6

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.

1. Environment Policy 42

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.

Consultations

1. Highways Division has not commented
2. Peel Commissioners have not commented
3. Manx Electricity Authority have advised that the applicant contact the Authority before commencing works.

Assessment

1. The application site is in an area zoned as "Predominantly Residential", the principle of development was accepted under the approval in principle. In the assessment of this application it is appropriate to consider the impacts on the amenities of local residents and the impacts on the character and appearance of the street scene and surrounding area.
2. The proposed dwelling would be sited and orientated so that the elevations of the dwelling would not look directly towards any of the neighbouring properties. The windows and doors in the front elevation would be fairly large to make the most of the views and the light but given the orientation of the property it would not result in undue overlooking or loss of privacy of those at Greystones and Cliffe Cottage.
3. The windows in the side elevations again would not look directly towards any of the neighbouring properties.
4. In the rear elevation there would be a large feature window to provide light to the stairwell at both ground and first floor. The owner/occupier of 10 Mourne View was concerned that there would be overlooking from this window which would affect their privacy. The agent has indicated that both the applicant and the owner/occupier of 10 Mourne View are satisfied that the window could be glazed with stained glass to overcome any potential impacts of overlooking.
5. It is considered that the proposed dwelling would be of a sufficient distance from the neighbouring properties both along Battery Road and also those on Mourne View so that the dwelling would not appear unduly overbearing or result in the undue loss of light.
6. The dwelling would be of a similar height to Greystones and Cliffe Cottage and would take advantage of the topography of the site. There is no overriding style of property along Battery Road so when viewed from Peel Promenade and Peel Castle it is considered that the proposed dwelling would not appear dominant in the street scene neither would it appear significantly different in size.
7. It is considered that the proposed dwelling would respect the site and surroundings in terms of scale, form and design and would not adversely affect the visual amenities of the area.
8. The Highways Division are satisfied that the proposed entrance would provide a sufficient passing place without disturbing too much of the sod hedge. The proposed development provides adequate visibility and parking provision.
9. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, Peel Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Manx Electricity Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 15.06.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of two years from the date of this notice.

C 2. This permission relates to the reserved matters application for the erection of a dwelling as shown in drawings 01, 02, 03, 04, 05 AND 06 received 15th May 2012.

C 3. The feature window in the rear elevation shall be glazed using stained glass which shall be retained as such thereafter.

C 4. The site boundary to Battery Road shall consist of a Manx Hedge as shown on drawing 03 date stamped 15th May 2012.

C 5. Prior to the commencement of any other works a 1.5m high fence shall be erected on the northern boundary as shown on drawing 3 date stamped 15th May 2012

Reason: To protect the potential habitat for Common Lizards identified by the report by the Manx National Trust submitted as part of this application.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 12/6/16

Determining officer (delete as appropriate)

Signed : B. Haines Anthony Holmes Senior Planning Officer

Signed : Michael Gallagher Director of Planning and Building Control

Signed : Samuel Sarah Corlett Senior Planning Officer

Signed : Jennifer Chance Development Control Manager