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16/00888/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00888/B Applicant : Mr Roy Tilleard Proposal : Erection of a double garage and creation of a new vehicular access with associated landscaping Site Address : Arbory House Glen Road Colby Isle Of Man IM9 4HW
Case Officer : Miss S E Corlett Photo Taken : 06.10.2016 Site Visit : 06.10.2016 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS WHICH HAVE BEEN RECEIVED
THE SITE 1.1 The site is the curtilage of Arbory House which is an existing stone building situated right alongside the eastern side of the Colby Glen Road to the north of Colby village. The dwelling is physically attached to Arbory Cottage with which it was proposed to combine the existing property to form a single dwelling (13/00196/B - approved but not implemented). Currently both properties are accessed via an existing entrance from the Glen Road to the north of Arbory Cottage.
1.2 The two properties are attractive and contribute significantly to the interest and character of the area. The dwellings in the vicinity are very varied in terms of size, position, age and design with the application properties being some of the oldest in the immediate area. The boundary to the south of Arbory House is formed by a stone wall with hedging atop, similar to other boundaries alongside and opposite. There is a line of trees of varying height and type alongside the southern boundary of the site which adjoins the curtilage of Holly Bank.
THE PROPOSAL 2.1 Proposed is the introduction of a new access to serve Arbory House, to the south of the cottage and closer to the boundary with Holly Bank/Reayrt Aalin than the front of the house. Also proposed is the erection of a garage which has a footprint of 7m by 7m with stone walls and a 35 degree slated roof. There will be a garage door in the front elevation facing the road and a pedestrian door and a window in the side elevation facing towards the house.
2.2 The breach in the existing roadside wall will be just under 10m wide at its widest point where it meets the highway, with the driveway being around 4.5m between the new gate posts. The roadside walling will be retained at its height of 1.4m.
2.3 Two trees shown to be existing on the plans, are to be removed and the otherwise existing vegetation along this boundary is to be retained and reinforced with additional planting. A row of shrubs is shown illustratively. The plans show outside of the site for there to be a thermoplastic edge of carriageway line painted on the road on the other side of the road. This is to direct traffic to a line which will enable visibility of on-coming vehicles by those emerging from the site.
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2.4 A traffic survey submitted with the application demonstrates that there were in 2015 in the region of 130 vehicles travelling northward and 160 southward per day with 85th percentile speeds 30 - 32 mph.
2.5 The applicant has provided a Tree Report. This comments on a mature elm to the side of the proposal, which provides a significant area of canopy cover as well as a laburnum, plum and 5 sycamores. The development will necessitate the felling of a sycamore (Category A), plum (Category C) and a small elm (Category B). The Category A sycamore is described as having limited visual prominence from outside the site. It comments that whilst some excavation work will be required within the root protection area (RPA) of the mature elm, this is unlikely to have any significant impact due to the fact that it is anticipated that the root spread is not commensurate with the canopy spread and with an unrestricted potential rooting area. It also recommends the removal of westerly lateral branch by no more than 3m to assist construction. It recommends the replanting of either a silver birch or purple crab apple tree both of which would be suitable for the site to mitigate the loss of the three trees to be removed to facilitate the development.
PLANNING POLICY 3.1 The site lies within an area designated as Residential on the Area Plan for the South adopted in 2013 - the residential area corresponding with the curtilages of the application site, Arbory Cottage, Holly Bank and Ballakelly on this side of the road.
3.2 As such, there is a presumption in favour of residential development subject to some constraints as set out in General Policy 2 below:
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; 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; 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."
PLANNING HISTORY 4.1 Planning approval was sought and refused for residential development to the north of Arbory Cottage - PA 15/00679/A. Other applications have been submitted for alterations and extensions of this and Arbory Cottage, none of which is considered relevant to the consideration of the current application.
REPRESENTATIONS 5.1 Arbory Parish Commissioners indicate that they have no comment on the application (06.09.16).
5.2 The owner of Nhee Aalin across the road from the site, comments that the site notice was not displayed (02.09.16). The applicant has advised that the notice was displayed as required. It is clear that this resident is aware of the application. They comment further on 22.09.16 that the suggestion from Highway Services that the road will be narrowed with a suitable road marking in order to provide the desired visibility. He objects to these works on the basis that the road is well used by traffic which does not always abide by the speed restriction and any reduction in the width of the road would in his view lead to a reduction in highway safety. He considers that the application of
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edge of carriageway markings will spoil the rural character of the area and wonder why Government should be paying for works which improve the amenity of a private property. He believes that the property already has a perfectly acceptable access to the north of Arbory Cottage and does not consider that an additional access is necessary. He considers that the development would represent an over-development of the site and would constitute a building of low architectural merit which would be seen from the highway. He remains concerned about the impact on trees of development in this area.
5.3 The owner of Reayrt Aalin/Holly Bank which is immediately alongside the site, expresses concern at the potential damage to the mature elm and also a copper beech tree which they consider would have to be removed. They request that DEFA's Forestry Officer comments on the application (28.08.16).
5.4 The owner of Ballakelly which is further downhill from the site, expresses concern at the loss of trees which add much to the character and appeal of the site and those of the adjacent property. He comments that Arbory House has its own parking spaces which are accessed through Arbory Cottage (01.09.16).
5.5 Highway Services comment that the proposal is to construct a double garage with a new access onto Glen Road. Glen Road has no footways and boundary walls are constructed very close to the highway boundary and in order to achieve the required visibility of 40m the road will be narrowed to no less than 6m with an edge of carriageway road marking; the road marking will extend in each direction to ensure a suitable tie into the existing carriageway.
If the application is to be approved the following condition should be attached:
5.6 DEFA Forestry Officer does not object to the removal of trees and considers that if the protective measures proposed are implemented then the impact on the elm will be minimal (12.10.16).
ASSESSMENT 6.1 The issues in this case are whether the proposals are acceptable in highway safety terms and secondly whether the proposal, in terms of the building, new access and loss of trees, are acceptable in terms of visual impact on the character and appearance of the area.
6.2 This part of Colby Glen Road is characterised by predominantly stone walling along its route with a number of accesses puncturing it, some with no gate posts, others with and a variety of widths. The concept of another access is not considered unacceptable or out of keeping, especially as proposed with stone gate pillars and walling.
6.3 Highway Services do not consider that the proposal is unacceptable provided that the carriageway markings shown on the drawing are implemented and subject to other conditions. Whilst the new carriageway line marking is the cause of concern for neighbours, this is considered necessary by the Department of Infrastructure who note that the carriageway will still be wide enough for two vehicles to pass and the remainder of the carriageway is still available if required.
6.4 The Forester does not object to the proposal in terms of the loss of trees. Whilst tree and vegetation loss is generally regrettable, in this case additional planting is proposed albeit smaller scale vegetation and in the general streetscene, it is not considered that the loss of trees in this case would adversely affect the character sufficiently to warrant a refusal.
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6.5 In the general scope of the streetscene and taking into account other existing trees and vegetation and other existing accesses, it is not considered that what is proposed is unacceptable and the application 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.
DEFA Forestry Division is within the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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 occupants of Nhee Aalin, Reayrt Aalin and Ballakelly who are all either adjacent to the road or close to the proposed works, including the necessitation of the introduction of new carriageway markings.
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: 04.11.2016
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.
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. The mitigation planting described in Appendix 7 of the Tree Report prepared by Manx Roots and dated 01-08-16 must be undertaken (ie either one silver birch or one purple crab apple) in the first planting season following the completion of the garage and driveway as hereby approved. If
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within five years of planting, this tree dies or is removed, it must be replaced in accordance with Appendix 7.
Reason: To maintain the visual amenities of the area.
C 3. Prior to any construction, the access shown on drawing no 2740-16 01 dated 27/06/2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety.
C 4. Prior to the use by vehicles of the garage, access or driveway hereby approved, the new carriageway markings shown in drawing 2740-16 01 must be installed.
Reason: In the interests of highway safety.
This approval relates to drawings 01 and 02, the Tree Protection Plan contained in Appendix 3, the Method Statement contained in Appendix 4 and the Site Monitoring Schedule contained in Appendix 5 all of the Tree Report form Manx Roots dated 01-08-16.
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: 14.11.2016
Signed : S CORLETT
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PLANNING COMMITTEE DECISION 14.11.2016
Application No. : 16/00888/B Applicant : Mr Roy Tilleard Proposal : Erection of a double garage and creation of a new vehicular access with associated landscaping Site Address : Arbory House Glen Road Colby Isle Of Man
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IM9 4HW
Presenting Officer : Miss S E Corlett
Addendum to the Officer’s Report
The Planning Committee requested that the proposed additional planting be increased over and above the single tree required to be planted in mitigation and condition 2 amended to this effect.
Reason for Refusal/Conditions of Approval Delete as appropriate
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 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 commencement of works, a landscaping scheme which identifies the species, position and size of trees and shrubs to be replanted to mitigate those lost in the development, must be approved by the Department and implemented in the first planting season following the completion of the garage and driveway as hereby approved. Such a scheme must introduce more than just the single tree proposed in the application and must attempt to replicate the level of coverage to be lost, taking into account the proposed development. If within five years of planting, this vegetation dies or is removed, it must be replaced in accordance with the approved landscaping scheme.
Reason: to maintain the visual amenities of the area.
C 3. Prior to any construction, the access shown on drawing no 2740-16 01 dated 27/06/2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety.
C 4. Prior to the use by vehicles of the garage, access or driveway hereby approved, the new carriageway markings shown in drawing 2740-16 01 must be installed.
Reason: In the interests of highway safety.
This approval relates to drawings 01 and 02, the Tree Protection Plan contained in Appendix 3, the Method Statement contained in Appendix 4 and the Site Monitoring Schedule contained in Appendix 5 all of the Tree Report form Manx Roots dated 01-08-16.
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