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15/01330/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01330/B Applicant : Mrs Delia Lynne Chamberlain Proposal : Variation of condition one of approved PA 11/01598/B for erection of two dwellings, to extend the period of permission by four years Site Address : Land Between Glas Choille And Winston Glen Auldyn Ramsey Isle Of Man
Case Officer : Mr Chris Balmer Photo Taken : 17.12.2015 Site Visit : 17.12.2015 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The site is a parcel of land on the western side of the Glen Auldyn Road, approximately 1.1km to the south of its junction with the A3 Lezayre Road. The site sits between two existing properties - Winston which lies to the south and is owned by the applicant, and Glas Choille to the north. Glas Choille is a detached, modern bungalow with stonework walling on some elevations, render on others and a grey hipped roof. Winston is a two storey property. The plot has a frontage to Glen Auldyn Road of around 40m and a depth of between 42m and 50m. The site is the garden area for Winston and has a polytunnel within it and a large shed at the rear. The site is bounded by the Glen Auldyn River to the west. The site is relatively flat.
2.0 THE PROPOSAL 2.1 The application seeks approval for variation of condition one of approved PA 11/01598/B for erection of two dwellings, to extend the period of permission by four years.
2.2 The original application 11/01598/B proposed the erection of two dwellings on the site: the dwellings will be different in height and massing but share common characteristics - both will have slated roofs, rendered walling with timber features, louvres and doors and grey framed windows. One of the properties, that on the northern half of the site is single storey with a traditional gable end chimney and the other is a two storey properties with similar chimney but timber panelling on the upper level. There are no windows on the northern elevation of the northern property and a single en-suite bathroom window on the southern elevation of the southern property.
2.3 Both properties will be served by a single access from the public highway and both will have a double integral garage and gravel driveway which will accommodate a further three vehicles. The dwellings will be over 16m from the stream to the west. The creation of the access will necessitate the relocation or removal and replacement of four trees to the south of the entrance in order to provide adequate splays.
3.0 PLANNING STATUS AND POLICY 3.1 The site lies within an area of Predominantly Residential Use on the Town and Country Planning (Development Plan) Order 1982.
3.2 As such, the provisions of General Policy 2 are applicable in this case as follows:
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"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 and i) does not have an adverse effect on road safety or traffic flows on the local highways".
4.0 PLANNING HISTORY 4.1 The most recent application for this site is PA 11/01598/B which approved the erection of two detached dwellings. This new application currently under consideration is identical to this last approved application.
4.2 Before application 11/01598/B was approved, there was a further application 10/1016 which proposed two identical properties on the site. This was refused for the reason that: "The proposed dwellings, by reason of their design, uniformity and positioning within the site, would result in a scheme that would be out of character with the unique and semi-rural nature of Glen Auldyn".
5.0 REPRESENTATIONS 5.1 Highway Services do not oppose (received on 15.12.2015).
5.2 Lezayre Parish Commissioners have recommended an approval although the Commissioners suggest an extension of 2 years only as the applicant has already had four years to bring the original approval to fruition (received on 17.12.2015).
5.3 The owners/occupants of Glas Choille, Glen Auldyn, Lezayre have objected to the application on the grounds that the applicant is now asking for a four year extension to this permission and they strenuously oppose this unless permission was limited to two single storey residences (received on 04.01.2016).
6.0 ASSESSMENT 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to Condition 1 of PA 11/01598/B.
6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.3 Since the initial approval there have been no material planning changes which have arisen. The IOM Development Plan Order 1982 and the Isle of Man Strategic Plan 2007 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force.
6.4 In terms of the assessment of the current proposal, the previous assessment made under application 11/01598/B is relevant again, where the reporting officer stated:
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"The proposal attempts to overcome the previous reasons for refusal insofar as the dwellings are not the same as each other and each has slated roofs, timber boarding and rendered walling, all combined in unique designs which are complimentary to the rural environment in which they will sit. The dwellings have been designed not to overlook the neighbouring dwellings and will not adversely affect the amenities of those in either Glas Choille or Winston.
6.5 The roadside boundary is presently formed by significant amounts of ivy with some sycamores. The tidying up of this boundary through the removal of the ivy alone would remove the solid green boundary treatment, revealing a few trees. This will be interrupted by the introduction of a new, safe access with adequate visibility splays which will open up the entrance and the present very natural frontage will be managed. However, this is not out of keeping with the area in general and other accesses in the vicinity and in time will soften with the establishment of the shrubs and trees. The dwellings are interesting and have been designed to complement the area and it is considered that the proposal now overcomes the previous reason for refusal. It is not accepted that the development is over-intensive or out of keeping."
6.6 The Commissioners have questioned whether the permission could be limited to two years instead of the standard four years. Whilst it is possible, this may not necessary result in the works commencing more quickly, as this can have financial implications/borrowing if the period of the permission is reduced. Furthermore the purpose of having time limit on approvals is so that applications can be reassessed in the light of any changes in circumstance, either on the site itself, or in relation to policy, or any other material matters. As indicated above there does not appear to be any material changes in circumstance since the last time the application was considered and the Commissioners have not given any reason why to restrict the period of approval now.
7.0 RECOMMENDATION 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued.
7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.
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.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient
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interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owners/occupants of Glas Choille, Glen Auldyn, Lezayre
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.01.2016
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. Prior to the commencement of any works to the hereby approved dwellings, the access and visibility splays of 2m x 23m in both directions all as shown on drawing 001B are required to be provided and retained thereafter.
Reason: In the interest of highway safety both during construction periods and once the dwelling are occupied.
N 1. Whilst the development is not within 8m of the adjacent watercourse, the applicant is still recommended to liaise with DEFA Fisheries Division to ensure there is no detrimental impact on the watercourse during construction of the approved development.
This approval relates to drawing reference number 001B received on 9th December 2015.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 08.01.2016
Determining officer
Signed : S CORLETT Sarah Corlett
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Senior Planning Officer
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