Field 434035 Adjacent To Gardenfield & Irwell Malew Road Castletown Isle Of Man
Officer's Report
The Site
The site represents a parcel of land between "Gardenfield" and Malew Road, Castletown. The site extends almost to the steam railway line and is accessed via a lane from Malew Road. Gardenfield is a detached property sitting in substantial gardens: to the west are greenhouses and to the north is the rear of properties fronting onto Malew Road.
The Proposal
Proposed is the erection of two identical properties on the site albeit that they will be coloured slightly differently (champagne on one and ivory on the other). The dwellings are dormer bungalows with rendered walling and slated roofing. The height of the buildings is 6.7m and the dwellings are L-shaped with rooflights and a small number of roof level windows.
Planning Status
On the Castletown Local Plan of 1991 the site is designated as Open Space/Agricultural with the residential properties to the east and west picked out as Residential. During the preparation of an Area Plan for Castletown, this site was proposed and accepted for residential development and in the draft Area Plan of 2001, which proceeded no further than a draft and was not the subject of a public inquiry, the site is designated as Residential and within the Written Statement there is a reference to the site and a development brief which states the following:
"Gardenfield (Area L)
The dwelling known as "Gardenfield" is located on the northern side of the By-Pass Road, with two small fields situated between the dwelling and the houses which front onto the western side of Malew Road. The revised Public Safety Zone for the airport crosses the southern part of the western field (nearest Gardenfield) and almost the entire eastern field (nearest to Malew Road). The site is very well screened from the By-Pass Road, and although the access lane onto Malew Road is poor it may be capable of improvement so as to accommodate any traffic generated by limited residential development. As such it is considered that the western field may be capable of accommodating two detached dwellings, each one single storey and set in generous gardens to reflect the character of Gardenfield.
"POLICY: C/RES/P/18 - DEVELOPMENT OF THE AREA WHICH FORMS PART OF THE "GARDENFIELD" SITE AND WHICH IS DESIGNATED FOR RESIDENTIAL USE (AREA L) MUST BE UNDERTAKEN IN ACCORDANCE WITH THE FOLLOWING BRIEF;
Case Officer:
Miss S E Corlett
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
i. a maximum of two single storey dwellings may be accommodated on the site, both of which must be located entirely outside the defined Airport Public Safety Zone (PSZ). The part of the site which lies within the PSZ may be used as garden space in associated with the two new units.
ii. Any proposed development of the site must include improvements to the access lane from Malew Road to the satisfaction of the Department of Transport Highways and Traffic Division".
Environment Policy 42 of the Strategic Plan states the following "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..."
The Strategic Plan also states at General Policy 2 that "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".
The Area Plan for the South which has been the subject of a public inquiry but the inspector has yet to report back, includes the site as Proposed Residential with a development brief similar to that in the draft Castletown Plan but including reference to the fact that dormer accommodation may be acceptable.
Planning History
Planning permission has been sought four times for the development of this site, following the publication of the draft Castletown Area Plan. PA 02/2133 proposed the principle of the erection of two dwellings on this site. This was refused at appeal where the Inspector made the following observations: "Given the stage of the Draft Local Plan, I have concluded that significant weight should be given to the proposal to designate the land for two dwellings..." but recommended that the application be refused for reasons relating to inadequate access to the site.
Another attempt was made to obtain permission for the principle of development of the site for two residential building plots under PA 04/0349 where access was to be onto the By-Pass Road via an existing field gate and across the railway line. This was refused again for reasons relating to access and the Inspector makes the following comments on the Local/Area Plan situation: "The appeal site lies within land presently designated agricultural open space on the currently adopted Castletown Local Plan (Circular 5/91). However, some 13 years has elapsed since this plan was adopted and therefore its importance has diminished with the passage of time and changing circumstance. The emerging plan for Castletown states that two single storey dwellings may be accommodated on the site outside the public safety zone but this is predicated on improvement of the access lane onto Malew Road. The emerging plan is still at a comparatively early stage in the review process and is still available for challenge in whole or in part at an Inquiry. On the other hand the Planning Committee decision not to grant approval in principle is grounded solely on the issue of the access and not the principle of the zoning or prematurity. It may be inferred, therefore that had the proposed development included a satisfactory access, it is likely that approval in principle would have been granted, albeit it subject maybe to conditions aimed at protection of the public safety zone. Whilst Castletown Heritage submits that the proposed development is premature, the Society is not opposed to development of the lands in principle and its concerns relating to visual impact and airport safety are issues that would be addressed through the use of appropriate conditions and approval of the reserved matters. There is no argument here as there was at Cooil Road, Braddan (PA 02/0810) or Clay Head Road, Baldrine (PA 03/0640) that planning permission could prejudice the consideration of a significant issue at an Inquiry".
Since both of these decisions, planning permission has been granted for the principle of two single storey dwellings and widening of the access to the site under PA 06/1597. This permission required that the application for reserved matters must demonstrate parking for at least 2 vehicles per dwelling with turning facilities, visibility splays of 2m by 70m onto Malew Road, the lane between
the site and Malew Road is widened and that no development should take place within the public safety zone. The applicant was advised to consult the Airport with respect to the Public Safety Zone.
Planning permission was sought for the erection of three dwellings (PA 07/1251). This was recommended for refusal but was withdrawn prior to any decision being taken. The suggested reasons for refusal related to the principle of three rather than two dwellings on the site, the fact that all three dwellings were identical and clearly not designed for the plot and would have been unneighbourly to each other.
Finally, permission was granted for the erection of two identical properties on the site under PA 07/2288. These were the same height as these now proposed but with dormer accommodation with pitched roofed dormer windows and a larger footprint.
Representations
Castletown Commissioners indicate that they do not oppose the application.
Highways and Traffic Division seek a deferral as there is insufficient information regarding access, visibility and manoeuvring space.
Assessment
The works required to improve the access at the corner of the lane and Malew Road have not yet been implemented - mainly lowering of the height of the walls on each side. The scheme is very similar to that which already has permission other than the dwellings are simpler in appearance and more attractive as a result. They are also slightly smaller in area. There is clearly sufficient space for car parking and turning in accordance with the required standards and the visibility required at the junction of the lane with Malew Road is shown although remains to be implemented. A condition similar to that attached previously is appropriate in this respect.
The scheme will have less impact than that approved under PA 07/2288 and since that approval the draft Southern Area Plan has been introduced which shows the site as being suitable for the type of development now proposed. As such it is considered that the proposal is consistent with both the approved and draft development plans and with the previously approved application.
Party Status
The local authority 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.
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: 30.01.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal
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 two dwellings as shown in drawings Castletown 01/2011 and Castletown 02/2011 both received on 26th October, 2011.
C 3. No development may commence on site until such times as the improvement to the lane giving access to the site from Malew Road, as shown in the submitted plans, have been completed including the making good or erection and completion of any garden walling around Irwell.
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 : 1 2 12
Determining officer (delete as appropriate)
Signed : Anthony Holmes Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer
Signed : Jennifer Chance Development Control Manager
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