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16/00665/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00665/B Applicant : Forest Homes Developments Ltd Proposal : Erection of a terrace of seven dwellings with associated parking Site Address : Car Park And Whitestones And Former Coastguard Store Maine Road Port Erin Isle Of Man IM9 6LQ
Case Officer : Miss S E Corlett Photo Taken : 02.08.2016 Site Visit : 02.08.2016 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
THE SITE 1.1 The site is an area which sits between Nelson Street, Maine Road, 2, Maine Road and a rear lane in Port Erin, to the east of the upper promenade. The site accommodates a dwelling, Whitestones, a coastguard store and otherwise the site is hardsurfaced and used for car parking although not designated for that on the Area Plan (see below).
1.2 The site slopes downward from Maine Road to the rear lane by around 2.5m over a distance of 29m. Whitestones has a vehicular and pedestrian access onto Nelson Street although this does not run all the way through to Maine Road and there is a grassed strip and bollards which prevent the two being interconnected.
1.3 The lane which runs to the rear of the site is roughly surfaced with an unmaintained grass strip running in its centre. This lane connects with another westerly lane which runs at right angles and which joins Maine Road with Bay View Road.
THE PROPOSAL 2.1 Proposed is the development of the site for seven dwellings arranged in a terrace with pedestrian access and frontages onto Maine Road and vehicular parking and access from the rear lane. The site already has permission in principle for six dwellings (see Planning History).
2.2 The dwellings will be three storey from Maine Road and three at the rear but with the ground floor level raised above ground level by around 1.2m with a deck projecting almost 3m to the rear with a set of steps per dwelling leading down to an area of rear garden with two parking spaces side by side to the rear of this, set back from the lane by 3.6. The timber fencing in the rear garden will be just over 1m high but comprising two horizontal elements and an open construction allowing visibility through. The elevations and sections show this fencing running to the end of the car parking space but the plans show it continuing to the rear lane.
2.3 The new dwelling will be the same height as the dwelling on the other side of Nelson Street but just over 3m higher than 2, Maine Road.
2.4 The applicant has had further discussions with the highway authority and has confirmed that the applicant will upgrade the rear lane with a tarmacadam finish across the full width of the lane for the length of the parking area, up to Nelson Street, in accordance with Manx Roads 2 specifications
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with all drainage works within the road undertaken in accordance with Manx Sewers for Adoption. The plan, reference 1076/PL01A also refers to "Road improvement scheme to be carried out by Highways Department" and despite seeking the details of what these works are, none has been forthcoming. Highway Services have indicated that they intend to pursue a scheme of highway improvement and surfacing along Maine Road, to which the owner of this site will contribute in due course and as such will not require this application to include any road improvements in this respect, unlike other applications in the vicinity, including that for the row of town houses opposite which included the making up of the entire width of Maine Road.
PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as Residential. As such there is a presumption in favour of development as set out in General Policy 2 of the Strategic Plan as follows:
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; 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."
PLANNING HISTORY 4.1 The most relevant previous application on the site is the most recent, PA 16/00120/A which was for the principle of the redevelopment of the site for six dwellings. This was approved despite objections having been received regarding the loss of parking on the site. This layout was similar to that now proposed, with pedestrian access at the front and vehicular access and parking at the rear.
4.2 This application was approved subject to a number of conditions, including:
4.3 The application for reserved matters must demonstrate that the part of the Maine Road which abuts the site is made up to adoptable standards prior to the occupation of any of the dwellings hereby approved in the interest of the living conditions of those in the new houses and those in the vicinity of the site.
REPRESENTATIONS 5.1 Port Erin Commissioners point out an error on the drawing on (22.06.16) and then confirm that they support the application (13.07.16).
5.2 The owners of 1 and 2, Maine Road (Manx Mews Property Rentals Ltd) reiterate concerns raised previously in an earlier application. They also object on the basis of the loss of the car parking, the height of the proposed dwellings which is significantly higher than their properties alongside and the potential for overlooking from the rear balconies of the rear of their properties and their rear bedrooms and suggest that if parking were at the front, then the staggered effect of the buildings may avoid this impact. They also consider that the lane narrows alongside the application property and they doubt that the access will be wide enough to serve the properties as proposed (03.07.16).
5.3 The owner of 39, Bymacan Close writes in on behalf of his father who owns Cooil Bane and expresses concern that the development will adversely affect Cooil Bane in terms of the view from the property, the inconvenience during the building process and the impact this will have on the value of the property (30.06.16). This all exacerbates the impacts he has experienced during the
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various developments round about, including the town houses built alongside and the general condition of Maine Road.
5.4 The owner of Naworth, Maine Road, who advises that he owns two properties opposite the site (assumed to be two of the recently built town houses) considers the development to be over- intensive leaving insufficient space for a footway, roadside parking or a clear and safe roadway and would reduce a valuable local amenity (10.10.16).
5.5 Highway Services Division of Department of Infrastructure initially expressed concern about the means of access to and from the site and the suitability of the adjacent highways to accommodate the traffic from this development. However, following discussions between the Department and the developer and receipt of additional plans Highway Services does not oppose this application subject to the following condition:
5.6 The owner of Cavina supports the application and comments that he does not consider the loss of the car park to be a significant issue as it has consistently attracted numerous untaxed and unroadworthy vehicles along with numerous camper vans, boats and boats and mobile homes stored on the site which detracted from the amenities of the area and he considers that all houses nearby have their own parking spaces. He suggests that the proposal should involve referral to the highway authority so that their intention to enable footpaths to be included along the frontage of the site and down the eastern edge fronting Nelson Street. In addition, he suggests that the application should be required to make up the roadway of Maine Road in front of the site. Finally, he asks that users of the site be compelled to access the site from the promenade if the proposal commences prior to the Maine Road being upgraded (12.07.16).
5.7 The owners of Ivydene support the principle of development but express concern that the development extends over part of Nelson Street which is unacceptable and would adversely affect access to their garage and hardstanding and would result in the loss of existing grassed land on Nelson Street. They are concerned that the development also encroaches into Maine Road, creating a bottle neck and traffic issues (24.10.16). ASSESSMENT 6.1 This issue in this case is whether the form of the development and its impact on adjacent property, are acceptable. The principle of residential development on the site is considered acceptable as was accepted in the earlier application. As this was an application in principle, no details of the height of the buildings was provided against which a comparison may be made although as laid out, the block is 0.7m closer to 2, Maine Road than the previous application indicated and is similarly closer to Nelson Street.
6.2 Access along the lane is available, although the lane has tall grass growing in the middle but the 90 degree turn at the western end is difficult in anything other than a short vehicle. and somewhat impaired when wheeled bins are put in the lane. However planning approval was granted for only one fewer dwelling under the previous application, and it may well be that vehicles are driven to the eastern end of the lane to access Nelson Street then Bay View Road rather than using the other, narrower lane. Visibility onto Nelson Street from the eastern end of the rear lane is impaired slightly by a hebe bush at the rear of Arnside but visibility from Nelson Street onto Bay View Road is good in both directions. Visibility from the westerly lane down onto Bay View Road is impaired to the east by lawfully parked vehicles but to the west is good, and similarly at the northern end, onto Maine Road, visibility is good in both directions.
6.2 Whilst there are concerns about the privacy of those in the neighbouring property, the two existing dwellings to the west are publicly visible from the rear lane from where a view towards the
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first floor windows is available from a distance of less than 20m. However, it would be neighbourly for the western end of the proposed balcony to be fitted with a screen to prevent inter-visibility between the properties, and a condition should be attached to any approval to this effect.
6.3 It is considered that what is proposed is acceptable and is recommended for approval.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 (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.
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owners of 1 and 2, Maine Road, the owner of Naworth who owns property directly opposite the site, Ivydene and representatives of the owner of Cooil Bane, all of whom are alongside the site.
Cavina is a little distance along Maine Road and not considered to be directly affected by the development and as such is not recommended to be afforded interested person status in this case.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.11.2016
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.
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Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the occupation of any dwelling the car parking shall be provided and remain available for use by residents of the development hereby approved and free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 3. Prior to the occupation of the unit immediately alongside 2, Maine Road, details of a screen to be erected on the western side of the rear balcony must be approved by the Department and erected and retained in accordance with these details prior to occupation.
Reason: To protect the privacy of residents of the proposed unit and those in 2, Maine Road.
This approval relates to drawings 1076/PL01A received 19th September, 2016, 1076/PL02A received on 11th July, 2016 and 1076/PL03 received on 7th June, 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted.. Committee Meeting Date:...12.12.2016
Signed :...S CORELTT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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