Planning Officer Report 11/01333/B

Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN. 18th April, 2012 Dear Mr. Johnstone, Re: PA 11/01333 – erection of a detached dwelling, land adjacent to Shan Vallah, The Colony, Port Lewaigue, Maughold Thank you for your letter of 17th April, 2012 relating to the above. Please find attached a statement on behalf of the Planning Committee who considered the application. The statement takes the form of the Planning

Officer’s report which was accepted by the Committee with the exception of their addition of two conditions as follows:

Prior to the commencement of development, a tree protection scheme shall be submitted to the authority and approved in writing. The approved scheme shall be implemented and maintained at all times until construction work is completed.

Those windows on the upper floors of the North and South elevations shall be constructed using obscure glazing, and obscure glazing must be maintained at all times.

Also provided are copies of the previous decisions in respect of applications for development of this site, which are referred to in the Planning Officer’s report.

Yours sincerely,

Miss Sarah Corlett Senior Planning Officer

Application No.:	11/01333/B
Applicant:	Mrs Jane Johns
Proposal:	Erection of a detached dwelling
Site Address:	Land Adjacent To Shan Vallah The Colony Port Lewaigue Ramsey Isle Of Man

Officer's Report

THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE ARE THREE OBJECTIONS FROM PARTIES WHO ARE IMMEDIATELY ADJACENT TO THE SITE

The Site

1. The site is a parcel of land which lies on the eastern side of The Colony, a cul de sac which heads north from the A15 Port Lewaigue Road towards, but not as far as Gob ny Rona. There are residential properties mainly on the eastern side of the road of attractive design and interesting detailing. To the immediate south of the site is a pair of semi-detached dwellings - Shan Vallah and Gatehouse which are a balanced pair of red roofed black and white timber boarded properties with dashed render at ground floor level and square windows with small square glazing decoration. The dwellings have detailed brickwork chimneys and overhanging, detailed eaves and fascias and are both easily visible from the A15. Opposite is Greycot, a handsome single storey property with curved headed dormers, heavy Westmoreland slate roofing and roughcast rendered walls. To the north is an open area which has some trees around its perimeter and an open grassed area in the centre.

1. The application site has a large number of trees on it - both along the perimeter and frontage and within the centre of the site. The trees are a mixture of conifers and broadleafed trees, at least one Manx palm, a holly and large shrubs. Immediately alongside the road in the northern corner of the site are two very large Monterey pines which are very tall but one is leaning severely into the site and the other has no live foliage up to a height of approximately fifty feet or more.

1. The site has an area of 0.12 acres (0.05 ha) and has a frontage to the cul de sac of 18.6m.

The Proposal

1. Proposed is full detailed permission for the erection of a dwelling on the site. The dwelling would be sited approximately centrally on the site but closer to the south western boundary than the north eastern edge, with a new access from the left of the frontage and a driveway alongside the northern and north western side of the proposed dwelling. The dwelling will have a footprint of 136 sq m including an integral garage at the rear. The dwelling is two storey and designed with timber features and a steeply pitched roof and curved headed dormers. The building will be finished in red roof tiles and white painted render. The dwelling will be 8m high to the ridge.

Case Officer :	Miss S E Corlett
Photo Taken :	12.10.2011
Site Visit :	12.10.2011
Expected Decision Level :	Planning Committee

1. The entrance will be curved around the roots of the two Monterey pines in order to avoid felling these two very tall trees. The Forestry Officer has indicated that the leaning pine could be removed but that they would prefer the straight tree to remain.

1. The site would be drained by way of a Biodisc to be installed in the front garden with inspection chamber alongside. Surface water from this will be discharged into pipes taking the water to the rear into a 8000 litre Klargester water harvester and then discharged into a new swale in the rear garden which will be 8.7m by 4.2m.

1. A number of trees will be removed to accommodate the new dwelling: most of these are in the centre of the site with the two largest trees at the rear to be retained and the smaller trees on the south western side of the frontage to also be kept.

Planning Status

1. The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as Residential. As such, the provisions of General Policy 2 are applicable in this case:

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 space 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 adverse effect on road safety or traffic flows on the local highways;

j) can be provided with all necessary services."

Planning History

1. Planning permission was granted for the principle of the development of this site for residential purposes, under PA 08/0672, having previously been refused. This was permitted by the Planning Authority and taken to appeal by neighbours who were concerned about the disposal of surface water. The inspector remarked that arguments and information about the drainage system were "otiose" as the drainage division did not object to the proposed means of drainage of the site on the basis that the discharge would be treated before it reached the main foul sewer and that the existing sea outfall has recently been extended, obviating concerns about sewage deposited on the beach - a concern of the inspector commenting on an earlier application, PA 86/1955 which was refused for this reason. He also comments that the disposal of surface water is controlled by the Building Control system and again there is no objection from the drainage division in this respect. He concludes in the matter of drainage that "It would be entirely appropriate to leave the details of foul sewage treatment and disposal and surface water disposal to the proper control of the Drainage Division and Building Control Section by way of suitable conditions" (paragraph 25).

1. He goes on to comment on to the form of development and loss of trees which he accepts as "inevitable" to some extent and accepts that it is not appropriate in "this residential street" to protect all of most of the roadside vegetation and seemed more concerned in the impact on privacy and overlooking through the loss of the existing trees than the impact of the tree loss in itself.

1. Following this, an application for the reserved matters was refused - PA 10/0454 - for reasons relating to the absence of a satisfactory means of dealing with surface water disposal and also that

the proposed dwelling by virtue of its height, mass and positioning would introduce an incongruous feature out of keeping with the neighbouring properties and to the detriment of the streetscene. This dwelling was 10.2m high and of a style found in large houses in their own grounds with substantial chimney stacks entrance pillars and vertically proportioned windows. All the trees on site other than two small trees alongside the rear boundary and two small trees on the south western boundary were to be removed. The loss of trees was not given as a reason for refusal.

1. A planning application, PA 11/00095 for three dwellings within The Colony on land not designated for development, was refused for reasons relating to land use zoning and access, stating "An additional three dwellings would generate a significant increase in the volume of traffic using the sub-standard junction thereby jeopardising the safety of traffic on the A15. Therefore the proposal contravenes Transport Policy 4 and a planning refusal on highway safety grounds is clearly justified" (his paragraph 26). He rejects objections on the grounds of drainage on the basis that the propose bio disc and rainwater harvesting package which did not generate an objection from IOMWSA was acceptable.

Representations

1. There are objections from four local residents - Greycot, Shan Vallah, The Cronk and Close Foillan. These concerns relate to the adequacy of the drainage proposals, the resultant loss of trees - directly and indirectly from the installation of the swale, the uncharacteristic form of development in a row of predominantly semi-detached dwellings, the risk of the flooding of adjacent properties should the swale not work or become overloaded, the quality of the materials used in the external finishes, overlooking and diminution of privacy for those in adjacent dwellings.

1. The Isle of Man Water and Sewerage Authority indicate that they do not object to the application and that the means of draining the site was as agreed in previous applications.

1. The Manx Electricity Authority indicate that they should be contacted regarding the provision of an electricity supply to the development. This is not a material planning concern and as such should not be referred to in the planning decision notice.

1. Highways and Traffic Division raise no objection provided that visibility splays of 2m by 18m are provided. They note that there is not the generally accepted manoeuvring space afforded to vehicles emerging from the garage but also that there is manoeuvring space there within the ownership of the applicant.

1. Two residents of Maughold who are some distance from the site, express concern about the dangerous junction from estate road onto the A15.

1. Maughold Parish Commissioners indicate that they do not oppose the application.

Assessment

1. Some of the issues relevant to this application have been raised in previous applications: the principle of the erection of a dwelling on this site was dealt with in PA 08/0672 where the Inspector accepts the loss of trees and the principle of a dwelling on this site. It is not appropriate now, therefore to revisit this or to query whether a detached dwelling is acceptable on this site. It is also relevant that the conclusion in respect of the same application in respect of drainage was that this was a matter for the Building Regulations, particularly as the IOMWSA had not objected to the application.

1. There will be a loss of trees: if a dwelling is to be erected on the site then it is inevitable that many trees will be lost. The Forester has expressed a desire to retain the non-leaning pine at the front of the site, which would also appear to support a rookery. Trees at the rear of the site and the front are also shown to be retained although those at the rear could be affected by the swale as one is close to it.

1. The removal of trees and the erection of a dwelling will have an impact on the privacy and amenities of those in Greycot and Shan Vallah and the front garden of Close Foillan as currently all that is on the site are trees and an open aspect. The only first floor window looking towards Shan Vallah serves a bathroom and whilst there will be windows in the front of the property, there will be a highway between them and Greycot and in any case, the windows of the adjacent property are largely hidden by the existing roadside wall. The outlook from the rear windows towards the garden of Close Foillan will be obscured by the existing trees in the rear garden of the site and the rear elevations of Shan Vallah and The Gatehouse already look towards this garden area.

1. The house has been well designed to complement the streetsceen picking up the attractive elements of the adjacent properties - the red tiles, the timberwork, eyebrow dormers, cills and lintels. The finer details of these elements will be important and as such, greater detailing of the dormer tops, the timberwork, the lintels and the specific material of roof tiles should be provided and approved before they are used.

1. As such, whilst the proposed development will result in a change in the streetsceen, the principle of development has been relatively recently established, there is no objection from the highway and drainage authorities and it is not considered that the proposed dwelling will result in an adverse impact on the privacy of those in adjacent property. As such the application is recommended for approval.

Party Status

1. The local authority, Maughold Parish Commissioners are, 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 Isle of Man Water and Sewerage Authority is a statutory authority whose views relate to material planning considerations and as such should be afforded party status in this instance.

1. The owners of Shan Vallah, Close Foillan and Greycot are alongside the site and as such should be afforded party status.

1. The owners of The Cronk were not afforded party status under PA 08/0672 for the principle of development on this site, but were afforded party status for 10/00454. As such, whilst The Cronk is not immediately alongside the site, it is recommended that this party should be afforded party status in this case.

1. The two residents of Maughold are not directly affected by the proposal and as such should be afforded party status in this case.

1. The Manx Electricity Authority does not raise material planning considerations and as such should not be afforded party status in this case.

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.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 27.02.2012

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

• : Notes attached to refusals

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

C 2. This permission relates to the erection of a dwelling as shown in drawings 01, 02 Rev 5, 04 Rev 2, 06, and 10 all received on 23rd September, 2011, D01 Rev D, D02 Rev A received on 13th October, 2011 and 03 rev A received on 1st February, 2012.

C 3. Prior to the installation or erection of any of the following: roof tiles, external facing timberwork, dormer windows, cills and lintels, further details in the form of large scale drawings or sample materials must be approved by the planning authority.

C 4. Notwithstanding drawing 03 rev A, no permission is hereby granted for the removal of the tall pine closest to the road (the one which is not leaning into the site).

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : approve Committee Meeting Date : 05/03/12

Signed : _________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

• The protection be submitted
• Obscure glazing condition, 1st Floor