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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01139/A Applicant : Architypes Ltd Proposal : Approval in principle for the development of seven dwellings, with means of access to be approved Site Address : Field 612728 And Part Of Field 612727 Off Baldrine Road Baldrine Isle Of Man
Case Officer : Miss S E Corlett Photo Taken : 15.08.2017 Site Visit : 15.08.2017 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.08.2017 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of siting, design, external appearance of the buildings, internal layout, landscaping and drainage of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. Prior to any development commencing, a signage scheme at the Manx Electric Railway level crossing shall be submitted to and approved in writing by the Department. The approved scheme shall be implemented prior to any of the approved dwellings becoming occupied.
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Reason: In the interests of highway safety.
C 5. Prior to any of the dwellings hereby approved becoming occupied, the proposed footpath running parallel to Baldrine Road as shown on dwg no 16-01-01-A and 16-01-09-B shall be constructed to the satisfaction of the Department. The footpath shall be maintained thereafter as part of the public highway/public right of way.
Reason: In the interests of highway safety
C 6. Prior to any development commencing, a new 8.0m x 2.4m passing bay along Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department. The passing bay shall be maintained thereafter as part of the public highway.
Reason: In the interests of highway safety
C 7. Prior to ANY development commencing, the realigned Manx sod bank / improvements to the 90 degrees on Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department and maintained thereafter.
Reason: In the interests of highway safety
C 8. Prior to any of the dwellings hereby approved becoming occupied, the junction improvements as set out in drawing number AT/ 16-01-10 shall be carried out to the satisfaction of the Department.
Reason: In the interests of highway safety.
C 9. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 10. Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.
Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.
C 11. The application for the reserved matters must demonstrate how the two sites of archaeological interest within the red and blue line areas, will be protected from damage during development and adequately safeguarded and presented thereafter including any reasonable requirement for access.
Reason: To ensure that features of archaeological interest are protected.
C 12. The application for reserved matters must provide details of the position of all trees, their species, height, grade and health and measures for protection for any trees which would be affected by the development including changes in level of the ground, in accordance with BS5837:2012 Trees in relation to design, demolition and construction.
Reason: To ensure that the site is appropriately landscaped and that measures are in place for the protection of all trees to be retained.
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C 13. The application for the reserved matters must demonstrate that the development will not adversely affect the operation of the Manx Electric Railway, in particular that the scheme will not allow any additional surface or drainage waters to run onto the MER over and above existing groundwater flows across the fields or place any reliance upon existing MER trackside drainage infrastructure and that the development does not provide or encourage pedestrian or vehicular access onto the MER.
Reason: In the interests of the safeguarding of the Manx Electric Railway which is an important historic transport route.
The applicant is encouraged to liaise with the operators of the MER to ensure that any change in boundaries which abut the MER are suitable for the operation of the railway and any landscaping near the MER boundary are acceptable to them.
The Plans on which this recommendation is based are;
AT16-01-05 and TS-02 received on 30th September, 2016 TS-01A received on 26th October, 2016 AT/16-01-06, AT/16-01-07A, AT/16-01-08A, AT/16-01-10 and the Transport Statement received on 1st March, 2017 AT/16-01-00B, AT/16-01-01A, AT/16-01-02A, AT/16-01-03A, AT/16-01-4A, AT/16-01-09B and AT/16-01-11, received on 25th July, 2017.
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Interested Person Status
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, in this case Department of Infrastructure Transport Services Division and Manx Utilities; (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.
Senior Biodiversity Officer and Forestry Officer are part of 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 owners of the following properties have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
Port-e-Chee on the corner of Packhorse Lane, The Crescent Broadclyst , Struie, Baldrine Road The Nook, Quarmby, Belmore, Garwick Lodge, The Crescent, Follaton , Emscote , Highcrest , Honey Hey, Thornhill, Ballaruud, Amulree, Jura, Highfield Drive,
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Glen Garwick,
In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13:
The owners of Brookside, Main Road, Baldrine which is not directly alongside the site
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.
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED
THE SITE 1.1 The site is a major part of field 612728 which abuts the Manx Electric Railway line to the east and field 612727 to the west across which the site partly runs. The applicant also owns the adjacent land to the north and west and land across the road. The red line area also includes parts of Baldrine Road
1.2 The site has a junction with the Baldrine Road of around 10m. From there, the site slopes downward somewhat more gently over field 612727 than 612728 where the Manx Electric Railway line sits some 25m lower than the entrance. A high tension electricity line runs almost north to south in front of the entrance, cutting across the proposed footpath and the south western corner of field 612727. A second line intersects this and terminates approximately 10m into the site to the north of the proposed access.
1.3 The red line includes the area where the houses are proposed to be built, the route of the access from this area to Baldrine Road, together with a route of a proposed footpath parallel with the edge of the site alongside Baldrine Road, joining with Baldrine Road at the southern corner of the field, alongside Struachan, Highfield Drive. Whilst the Transport Statement refers to proposed highway works which are outside of the defined site, they are works in the public realm, being within the highway and as such could be controlled (required to be implemented in association with any planning approval by way of a Grampian-style condition) without needing to be within the red line area.
1.4 The current Area Plan for the East exercise has proceeded as far as the publication of preliminary publicity which involved a Call for Sites and a subsequent publication of these sites, together with an assessment of them by the planning policy team in Cabinet Office. The application site was put forward by the owner for development, along with the land alongside across which the access proposed for the current development will run and both passed the initial assessment phase. The first draft of the Area Plan must be published prior to 26th May, 2018 to be in accordance with the Town and Country Planning Act Schedule 1, Section 3(2).
1.5 The site is generally screened from public view from immediately alongside and above. Whilst there are views from around 350m from the north from Ballagawne Road, the area where housing is proposed sits alongside and slightly lower than the existing housing to the south (Highfield Drive). The proposed access will be visible from here.
THE PROPOSAL
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2.1 Proposed is the principle of the development of the land for seven dwellings with an access road which runs through field 612727 to meet Baldrine Road on the outside of a bend in that highway. The details of the access are to be considered at this stage in the form of the widening of the opening into the site, the removal of eight trees alongside the entrance and what are shown as visibility splays or 2.4m by 71m to the north west and 2.4m by 70m to the south. The trees to be removed are self-seeded ash trees growing within the hedge. A 4.8m wide access road is proposed through field 612727 to the lower field where there will be seven dwellings and an illustrative drawing of how they may be laid out is included although no approval is being sought for this. Also proposed is a passing place on Baldrine Road created through the removal of part of the existing roadside hedge and creation of a bay which is 5m with space before and after to access the area and 2m deep. The access road will be elevated up to 900mm (this highest part being at a point 6m back from the entrance) above natural ground level to enable visibility to be available at the entrance.
2.2 The site identifies two sites of archaeological interest one in the south western corner of the development field and the other to the south of the proposed access road. The proposed site plans both show an area of protection surrounding the site, as advised by Manx National Heritage.
2.3 The applicant has indicated that they intend to connect foul sewage disposal to the mains system to the south of the site, involving the need for a wayleave across the railway line (e- mail from Peter Tyreman dated 02.11.16). They have located the drain running under the tram lines and have discussed with the MER the possibility of locating a connection manhole in the small area to the side of the track in an area fencing off but retained as MER land. The applicant advises that the MER have agreed to this and would provide a wayleave for access which does not involve using the actual line.
2.4 Following concerns raised the applicant has confirmed that the boundary treatment will be secure to the MER and the existing boundary treatment will be maintained other than being reinforced by additional planting where deemed necessary but that tree planting will not occur on the eastern boundary to eliminate future issues of maintenance.
2.5 Further information has been submitted regarding highways, in the form of a Transport Statement prepared by Northern Transportation Planning Limited and dated 13th February, 2017. The Statement concludes that with the highway improvements which are recommended, the development would have no significant impact on road safety or traffic flow on the local highway network. The Statement describes Baldrine Road as varying in width between 3.3m and 5.2m with variable grass verges and in the vicinity of the application site, the typical traffic flows are one or two vehicles per hour, based upon a recent survey. The speed of traffic is unrestricted and the roadway is unlit. Where the road meets the settlement and a speed limit of 30mph is introduced street lighting is provided to footpath lighting standards. Visibility at the junction of the Baldrine Road and A2 is described as not meeting current standards as measured from 2m back. Traffic on the A2 approaching the junction with Baldrine Road from the north and south is stated as travelling at 32 and 31 mph at 85th percentile wet weather speed which result in sight stopping distances of 47m and 43m respectively. It is observed that the road is wider at the junction than before or after.
2.6 The proposed access into the site has been amended to allow greater space for drivers entering the site from the south. They propose to introduce a 1m wide pedestrian margin along Baldrine Road from an internal pedestrian link which is shown on plan reference At/16-01-00-A which emerges from the site at a point 10m north of Cruachan and opposite Baldrine Cottage, and continues down Baldrine Road as far as the existing footway a the MER crossing. This provision would still allow at least a carriageway of 4.1m on the remainder of Baldrine Road which would allow two vehicles to pass without encroaching into the pedestrian margin.
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2.7 The junction of the A2 with Baldrine Road will be altered through the pushing out of the stop sign by 700mm into the A2 carriageway, providing visibility of up to 2m by 111 and 2.4m by 118 (presumably these are the wrong way around) and to the north 2m by 70m and 2.4m by 57m but retaining a road width of 6.5m.
2.8 An analysis of the proposed development in terms of the number of vehicles generated, it is considered to generate 1 inbound and 3 outbound between 0800 and 0900hrs and 3 inbound and 2 outbound between 1700hrs and 1800hrs which is considered to be below the maximum capacity for the highway network with a regular and 30min frequency bus service within 5 minutes' walk of the site.
PLANNING POLICY 3.1 Field 612728 is identified in the Laxey and Lonan Area Plan of 2005 as Proposed Residential with an accompanying text in the Written Statement:
Field 7459 to the north of Highfield Drive - Area 13
4.41 It has been suggested that some further residential development could occur behind Highfield Crescent in field 612728 (Area 13). However, this would necessitate a new road leading from Baldrine Road to the site as there is no other means of access from existing roadways. This area is surprisingly inconspicuous as viewed by the general public who would only see the site when coming into Baldrine from Laxey coming towards Garwick Mill and in the winter months when the existing trees between the site and The Crescent screen the site less effectively than in summer. The site may also be seen from a longer view from the Ballagawne Road although again, the site is much less conspicuous in summer than in winter. It is accepted that those existing properties closest to the site may have some views of the site although views may be screened by the introduction of new tree and shrub planting. There is a site of archaeological interest in this field and this should be taken into account in any proposals for development. It is suggested that this site could be suitable for higher density housing - higher than that found in Highfield Drive. If development were to be of this type, play facilities for children must be provided in conjunction with the houses, although this need not be within the site identified as suitable for development.
L/RES/P/10 - LAND ADJACENT TO HIGHFIELD DRIVE - Area 13
4.65 THIS FIELD WILL BE CONSIDERED SUITABLE FOR RESIDENTIAL DEVELOPMENT WHERE THIS MAY INCLUDE DEVELOPMENT AT A RELATIVELY HIGH DENSITY TO INCORPORATE PROVISION FOR FIRST TIME BUYERS. DEVELOPMENT MUST HOWEVER ACKNOWLEDGE THE EXISTENCE OF THE SITE OF ARCHAEOLOGICAL INTEREST AND MANX NATIONAL HERITAGE MUST BE CONSULTED PRIOR TO THE FORMULATION OF DEVELOPMENT PROPOSALS. ACCESS TO THE SITE MAY BE PROVIDED FROM THE BALDRINE ROAD THROUGH FIELD 6254 ALTHOUGH NO DWELLINGS WILL BE PERMITTED IN THIS FIELD. FACILITIES MUST BE INCLUDED IN ANY DEVELOPMENT PROPOSAL FOR CHILDREN'S PLAY.
IT IS LIKELY THAT THERE WILL BE NO MAINS DRAINAGE AVAILABLE TO THIS SITE DUE TO AVAILABLE ACCESS, TOPOGRAPHY AND CAPACITY IN THE EXISTING SYSTEM. AS SUCH PROPOSALS FOR DEVELOPMENT MUST INCLUDE ON SITE SEWAGE TREATMENT.
3.2 L/TRT/P/5
3.18 NO DEVELOPMENT WILL BE PERMITTED WHERE THIS WOULD HAVE AN ADVERSE IMPACT ON THE APPEARANCE, CHARACTER, SETTING OR AMENITIES OF ANY RAILWAY BUILDING, FACILITY OR ALONG THE TRACK WHERE ANY VIEW FROM THE MANX ELECTRIC, GROUDLE OR SNAEFELL MOUNTAIN RAILWAYS WOULD BE ADVERSELY AFFECTED.
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3.3 L/TRT/R/2
3.19 ENCOURAGEMENT WILL BE GIVEN TO THE DEPARTMENT OF TOURISM AND LEISURE IN ITS EFFORTS TO IMPROVE AND ENHANCE THE MANX ELECTRIC AND SNAEFELL MOUNTAIN RAILWAYS IN TERMS OF THE ROUTE OR BUILDINGS ASSOCIATED THEREWITH.
3.4 L/CRB/P/1
7.7 NO DEVELOPMENT WILL BE APPROVED WHERE THIS ADVERSELY AFFECTS EITHER A FEATURE OF ARCHAEOLOGICAL IMPORTANCE OR THE SETTING OF SUCH A FEATURE. MANX NATIONAL HERITAGE MUST BE CONSULTED PRIOR TO THE FORMULATION OF ANY DEVELOPMENT PROPOSALS NEAR TO SITES OF SUCH IMPORTANCE.
3.5 Paragraph 4.35 It has been suggested that the village is suitable for further development as there are opportunities where development could occur and the settlement already has the benefit of a village shop. There is also a suggestion that the settlement is suitable for the location of a new primary school for the Lonan area (see Section 10 - Education). However, the sewerage system involves the discharge of untreated sewage into Garwick Bay via an aged and substandard pipe network running ultimately through Garwick Glen where access is not easily accessible: any increase in development will exacerbate this situation with no prospect of an immediate resolution to this problem. In this respect the Department would require any further development in the areas identified for new housing is accompanied by appropriate treatment plants on the respective sites to ensure that the existing situation regarding the discharge of sewage to the sea is not exacerbated.
3.6 Paragraph 12.1 Laxey currently suffers from an aged and substandard sewerage infrastructure which experiences infiltration by surface water (which reduces overall capacity) and which is not presently, in the case of the Glen Road sewer, capable of accepting any more effluent. Until appropriate works are undertaken to this sewer, it is unlikely that the Department of Transport will permit many further connections thereto and the Department of Local Government and the Environment will not approve any development where the Department of Transport recommends that there is insufficient capacity within the existing system.
3.7 Paragraph 12.2 Lonan generally has no treated mains sewerage, all sewage being transported to Garwick where is it discharged untreated into the sea. Whilst it would clearly be unfeasible and uneconomical to require any new developments to introduce a new drainage system for the area as a whole, it is equally important not to worsen the existing situation (IRIS is not likely to be available in Laxey and Lonan within the plan period. As such, individual plots which are cumulatively small in number will be accepted as adding only very insignificantly to the existing situation. However, developments which proposed more than one or two new properties per site will be expected to include in the development a sewage treatment facility. This must be designed to satisfactorily treat the sewage which results from the use of the site as proposed and must be connectable to the main system when IRIS finally reaches the area).
3.8 Development should also accord with the general standards of development as set out in General Policy 2 of the Strategic Plan:
"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; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
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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; e) does not affect adversely public views of the sea; 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; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; 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."
3.9 The Strategic Plan also contains policies which protect the historic rail routes around the Island:
A Strategic Objective includes (e) To safeguard existing and abandoned railway routes.
5.14 The routes of the Steam, Electric and Mountain Railways form part of the ISS. The Steam and Electric Railways have potential for improvement in the longer term as part of an Integrated Transport Strategy for the Island. All of the current routes support the strategy of CENTRES and LINKS.
11.2.5 The Island is fortunate to have an historic vintage rail network, which includes the Isle of Man Steam Railway, the Manx Electric Railway, the Snaefell Mountain Railway, the Groudle Glen Railway and the horse trams which run along Douglas Promenade. Development on or around the rail network should not compromise its attraction as a tourism and leisure facility or the potential for increased use as a public transport system, for example as a means of travelling to work.
11.2.6 In addition to the present rail network there exist former railway routes, most notably between Douglas and Peel and from Peel to Ramsey. These trackbeds are predominantly utilised as public footpaths and in some cases as cycleways as well. A number have been designated utility service corridors which may affect their potential as public transport routes. They should be protected from development which would diminish their attraction or potential as public transport routes.
3.10 Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes.
3.11 Strategic Policy 1: Development should make the best use of resources by optimising the use of...unused land; ensuring the efficient use of sites, taking into account the need for access, landscaping, open space and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and services.'
3.12 Strategic Policy 4; "Proposals for development must: a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest; b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas
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but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance".
3.13 Strategic Policy 5: New development including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases, the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies".
3.14 Environment Policy 40: Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof.
3.15 The site, and the field through which the access road will cross have been suggested for residential development in the current preliminary publicity stage of the Area Plan for the East being undertaken by Cabinet Office (GH013 and GH026).
PLANNING HISTORY 4.1 Planning approval was granted for the creation of an access into the southern part of field 612727 under 14/00384/B.
REPRESENTATIONS Local residents 5.1.1 The owner of Broadclyst which lies 335m to the south alongside Baldrine Road, objects to the application on the basis that Baldrine Road is narrow in places and with at least two blind corners with a train crossing and picturesque setting. The condition of the road has deteriorated recently and there have been considerable amounts of run off of water from upper fields to lower ground from recent developments (23.10.16).
5.1.2 The owner of Brookside which sits adjacent to the main road as it winds through the lowest part of Baldrine, is concerned about the means of controlling discharges to the watercourse which runs past his house, which is important for wildlife. He also expresses concern for flood risk increases from surface water running downhill towards the lower ground. He considers that building on a greenfield cannot enhance the landscape, so close to the railway line and worries about the accessibility of the site as the area is frequently subject to additional traffic when the mountain road is closed and the roads serving the site are small. He considers that there is no shortage of housing in Baldrine with many houses up for sale so questions the need for the development of the site (26.10.16 and 27.10.16).
5.1.3 The owner of Follaton which abuts the site at its southern corner, suggests that site notices placed low down are not helpful to inform the public of development proposals. He considers the land prime agricultural land in significant countryside which creates a belt which stops the ribbon of development across the coasts and headlands. He questions the need for more houses here and the condition and suitability of Baldrine Road (21.10.16).
5.1.4 The owners of Emscote which abuts the site to the south west objects to the application on the basis of "sewage, drainage, scenic beauty and wildlife, privacy, overshadowing, noise and disturbance" and highway safety (26.10.16).
5.1.5 The owners of Highcrest, Highfield Drive which lies to the south of the site and separated therefrom by three existing dwellings, suggests that Baldrine Road is narrow with a series of blind corners, the most dangerous of which has been chosen for the access into the site. The proximity of a riding school 20m from the entrance with the incidence of horse riders on the highway increase the possibility of a serious accident happening here. He notes that since the erection of two new houses on the southern side of the road, the water table seems to have been disturbed as there is flooding down Baldrine Road onto the railway line and onto the main
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road. This needs to be considered. He hopes that if planning approval is granted, reference will be made by the architects will take account of good practice where new buildings relate to each other and the size of individual buildings and their elements should be carefully considered in terms of overlooking, skylines, vistas and views. He considers that the two new houses on the southern side of Baldrine Road are examples of where such advice has not been followed (26.10.16).
5.1.6 The owners of The Nook, The Crescent which lies due east and downhill from the application site, across the railway line, objects to the application on the grounds of increased flood risk and consider that their land will be adversely affected, contrary to General Policy 2k from increased flood risk, taking into account that water already runs from the upper fields down onto The Crescent and on to the A2. The reference in the application to the need for an additional outfall supports this concern about more water flowing from the site and which could also contravene Strategic Policy 10c which would adversely affect highway users. They note that the Laxey and Lonan Plan comments that the existing sewerage system in Baldrine is unlikely to be able to accommodate additional load and yet the development is proposed to connect into it and ask has the system been improved since 2005? As the village has no facilities, there is likely to be additional traffic from people travelling to and from other settlements and the junction of Baldrine Road and the A2 has poor visibility. They consider that there are a lot of properties for sale in the area and do not consider that there is a need for the development of this land (received on 26.10.16).
5.1.7 The owner of Port-e-Chee on the corner of Packhorse Lane, The Crescent and the railway line suggests that the development will place undue strain on the existing infrastructure in terms of Baldrine Road, flooding, drainage and the visual impact as well as the impact on two sites of archaeological importance. The dwellings appear to be out of scale with the properties in Highfield Drive alongside and he considers that the development would create an unacceptable precedent for further development on the other sides of the access road which would constitute a major extension to the village. He considers this "grossly inappropriate" (23.10.16).
5.1.8 The owner of Struie, situated on the corner of Highfield Crescent and Baldrine Road, is concerned that the sewer in Glen Garwick in inadequate to accommodate additional loading although he notes that the proposal also includes reference to a BioDisc treatment system. He is also concerned about the capacity of Baldrine Road to accommodate additional traffic and the impact of pedestrians on a road with no footway and the nearest bus stop is some distance away (23.10.16).
5.1.9 The owners of Quarmby, The Crescent which lies across the railway line and downhill from the site, strongly object to the application on the basis that their home will be overlooked by the proposed dwellings which will be higher. They are also concerned about the drainage of the site and the impact of more surface water on the adjacent roadways. They notes that there are two heritage sites within the area which should be kept as sacred as they are part of Manx tourism. Finally, they consider that there are many houses for sale and that there is no need for more (26.10.16).
5.1.10 The owners of Belmore, The Crescent, which is next door to Quarmby, comment that around half the houses in Baldrine are for sale and have been for some time and comment that there is flooding of the main road which is dangerous and this development would make things worse and possibly affect the railway line. They are concerned that the sewerage system is in need of work and the road leading to the houses is narrow and with more traffic could become dangerous. The presence of historical sites within the fields is important and their setting will be affected. They consider that their homes will be shaded by the proposed development and consider the development of "another green field" as inappropriate, particularly where these detached homes will be beyond many people's financial limits (26.10.16).
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5.1.11 The owner of Thornhill, Highfield Drive which is south of the access road across field 612727 objects to the application on the basis of potential harm of watercourses from the proposed drainage system, noise, flooding, privacy, effect on the scenic beauty of the area (25.10.16).
5.1.12 The owners of Ballaruud, Highfield Drive, which abuts the site to the south makes comments on the proposal, adding that they have an MSc qualification in Environmental Management. They note that between 2001 and 2016 Garwick beach has failed the minimum standards for good water quality on no less than 38 occasions and there appears to be contradictory information about how drainage will be provided from the site - whether it will be served by a BioDisc or connected to the mains. They refer to other correspondence received from DEFA in this respect. They also express concern about the increased risk of flooding, believing like many local residents, that the new houses on the other side of the road have led to flooding of the main road. They believe that the replacement of water absorbent fields with hard surfacing will inevitably lead to increased flooding and considers that the agent does not fully understand the position in this respect and what may be required. If attenuation measures are required, they cast doubt on the effective maintenance of these. They express concern about the impact of increased water on the railway operation, the impact of buildings on the view from the railway and on the ancient sites within the site and alongside. They are concerned at the adequacy of the junction of the A2 and Baldrine Road and Baldrine Road itself for motorists and pedestrians. They express concern about the slope of the site and necessity for ground works to accommodate the new dwellings and the impact on the outlook from their property as well as light and privacy. They refer to some people being concerned that if development is allowed, this will lead to development alongside the access road. They query whether the local school population can accommodate additional children and whether the development will have an acceptable impact on wildlife and habitat. They consider that there are many other redundant or under-used sites which could be developed before this and also that there are a number of houses currently for sale and concern over the stability of the economy for the future (25.10.16 and 12.12.16). They submit further views on 15.08.17, suggesting that the latest information received is simply minor adjustments to the earlier drawings and do not address the more fundamental concerns that the road network serving the site is not adequate for the development. They specifically do not accept that the provisions for pedestrians in the road is acceptable. He reiterates his previous concerns about drainage, sustainability and flooding.
5.1.13 The occupants of Amulree in Highfield Drive express concern at the capacity of Baldrine Road to accommodate additional traffic and also refer to the effect on landscape quality. They consider that there are a lot of houses for sale within the area (27.10.16).
5.1.14 The occupant of Jura, Highfield Drive which sits to the south of the access road, is concerned about potential noise and nuisance from additional traffic on another road close to her as well as the disturbance from the construction process. She considers that Baldrine Road is not suitable for additional traffic and its junction with Highfield Drive and the A2 is difficult to negotiate due to parked vehicles and walkers, cattle, horses and cyclists all use this road. She is concerned about increased flood risk, how drainage will be dealt with and notes that there are many houses currently for sale. She is concerned that the development will bring an adverse visual impact to the landscape (27.10.16 and 12.12.16).
5.1.15 The owner of Garwick Lodge, The Crescent which is below the site to the east and separated from it by the railway line, is concerned that the site notice was not displayed such that the residents of The Crescent could have been aware of it and they are concerned about the impact of development on their properties through noise from the occupants of the houses, disturbance and overshadowing. They are also concerned at the implications of increased flooding of their property, the impact on the railway line and the archaeological sites, the proposed drainage and potential pollution of the surrounding area as well as the adequacy of
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Baldrine Road to safely accept further traffic (26.10.16). He reiterates his objection on 01.12.16 following the submission of additional plans.
5.1.16 The owners of Glen Garwick which sits between the shore and Baldrine Road alongside the watercourse into which water from the development will ultimately be directed, express concern at the amount and quality of water which will be discharged into the river alongside their property (08.10.16).
5.1.17 The owner of Honey Hey which lies immediately to the south of the proposed houses, objects to the application on the grounds of increase traffic, loss of light, loss of privacy and scenic view (15.11.16).
Public bodies 5.2 Garff Commissioners request details of the access road are brought forward at this stage to ensure that any highway has minimal impact on the countryside and request that a portion of the land provides affordable units suitable for first time buyers. They request that the impact on storm water is fully considered at this stage as with the full impact of additional traffic on Baldrine Road (24.10.16). They comment on the submission of further plans that the decision- maker must be assured that there is adequate provision for dealing with surface water and no increased risk of flooding from the proposals (18.11.16).
5.3 DEFA Forestry Officer comments that he has no objection to the application but requests that in the application for reserved matters should provide details of the position of all trees, their species, height, grade and health and measures for protection for any trees which would be affected by the development including changes in level of the ground, in accordance with BS5837:2012 Trees in relation to design, demolition and construction (13.10.16).
5.4 Department of infrastructure Transport Services Division notes that the applicant has not engaged in early discussions with them and seek assurance that the following points will be satisfactorily addressed in any application:
the scheme does not allow any additional surface or drainage waters to run onto the MER over and above existing groundwater flows across the fields or place any reliance upon existing MER trackside drainage infrastructure there is no pedestrian or vehicular access onto the MER any change in boundaries which abut the MER are suitable for the operation of the railway any landscaping near the MER boundary are acceptable to them.
They also warn that the access to the site from Baldrine Road has a height restriction across the MER crossing (10.10.16).
5.5 DEFA Fisheries Division indicate that they have no objection to the application provided there is no adverse impact on the Garwick Stream which contains populations of fish including brown trout. As the proposal includes a proposal for an outfall to the watercourse, they are required to complete a "Development Within 9m of a Watercourse" form before detailed permission is granted (13.10.16).
5.6 DEFA Environmental Protection Officer of the Environment, Safety and Health Directorate advises that if the development is connected to the main sewerage system it will not be a responsibility of the ESHD and will not require a discharge licence and their legislation will similarly not be responsible for dealing with any issues of surface water run-off caused by the development (13.10.16).
5.7 Manx Utilities confirm that after discussions with DEFA and the applicant and concerns raised about the quality of discharge to the watercourse from a treatment works, MU will accept the connection of the development to the main foul sewerage system prior to it passing
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underneath the MER line. Once the work commences MU will carry out the necessary inspections to ensure strict compliance with its requirements (03.11.16). They further clarify the position in respect of earlier statements relating to the status of the sewerage system on 28.11.16 that they are aware that the site is not within the flood risk areas on their mapping but that this is not exhaustive. They understand that the surface water will be discharged to soakaways but alternatively it could be attenuated and discharged to the stream or to the MER drainage with the permission of the landowners which would be their preferred option. In respect of the comments in the 2005 Area Plan they advise that in 2005 DEFA issued to the MUA a discharge licence for the Baldrine catchment which stipulated a maximum population equivalent to that which could be discharged into the bay. What is proposed would not exceed this amount. They also add that MU have undertaken extensive rehabilitation works within the Baldrine area to remove infiltration from the combined sewers since 2005 (28.11.16).
5.8 Highway Services Division of Department of Infrastructure made the following detailed comments on 24.08.17:
"The highways consultation response below is based a detailed assessment of the evidence in support of this application. It is also based on several discussions with the agent and amendments to the original submitted drawings.
Traffic generation. The proposals are to build seven dwellings. Using the nationally accepted Trip Rate Information Computer System (TRICS), the forecasted traffic generation for this type of would be in the region of 1 movements per house during the morning peak hour (6 out / 1 in) and vice versa during the evening peak. Over a 24 hour period, each dwelling would generate around 8 movements per day with a total traffic generation in the order of 56 vehicle movements.
Access Road. The access road is proposed on the outside bend on Baldrine Road and leads down to the site following the topography of the land. The access road is built up slightly as part of an engineering operation to achieve a gradient of 1:12 which is the maximum normally permitted. This could be problematic in winter and may not be suitable for pedestrians. Nevertheless, there is general agreement among guidelines that a 1 in 12 slope is the maximum that may be used; anything greater than this will cause difficulties for manual wheelchair users.
Baldrine Road. Baldrine Road connects the site with A2. It is a rural road that crosses over the Manx Electric Railway in the form of an uncontrolled level crossing. Baldrine Road is narrow in places (3.5m) with limited passing places along certain parts of its length. Concerns remain over the introduction of additional traffic generated by the development using Baldrine Road and the increased likelihood of two vehicles meeting each other and having to reverse excessive distances in order to pass. Notwithstanding these concerns, the development offers a passing bay on Baldrine Road and also a segregated footway within the applicants control utilising an existing bund to the northern flank of Baldrine Road The applicant is also improving forward visibility at the 90 degree bend (opposite the stables entrance) on Baldrine Road to alert drivers of approaching vehicles. . These are welcomed and meaningful infrastructure improvements that will benefit all road users in the future.
Manx Electric Railway - level crossing. Additional traffic at the level crossing is clearly a concern however, tram drivers and vehicle drivers are well aware of the dangers of vehicles crossing at these locations; as a result they proceed with caution. There are several crossing similar to this on the island therefore it is not unusual for road users to cross the track. However, it is recommended the applicant provide some element of additional signage warning road users of approaching trams. This can be covered by condition.
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Vehicle speeds on the A2. Based on the radar speed survey carried out back in February, 85th % ile wet weather speeds are 32mph northbound towards Laxey and 31.3 mph south towards Onchan. Based on the relevant standards in the Manual For Manx Roads and Manual For Streets the stopping sight distances for vehicles should be in the region of 47m.
Junction Improvement works A2 / Baldrine Road. As part of the proposals, the applicant is looking to improve existing visibility at the junction of Baldrine Road with the A2. Existing visibility is limited, measured 2.4m back from the existing stop line, sightlines are 2.4m x 17.5m to the north towards Laxey and 2.4m x tangential (60m) to the south towards Onchan. A mirror is located on the opposite side of the A2 to assist drivers turning right out of Baldrine Road. Whilst this is beneficial, a convex mirror alone is inadequate to facilitate additional traffic from development; mirrors are prone to vandalism, suffer with condensation and require maintenance in order for them to work effectively enough.
As part of the development, the applicant is proposing a junction improvement by relocating the stop line of Baldrine Road further into the A2 thus improving visibility for emerging drivers.
Based on drawing no AT/16-01-10 the improved visibility would be in the order of 2.4m x 32.0m to the north and a similar figure 2.4m x tangential (60m) to the south. The alterations to the stop line do not affect the visibility to the right (south) but have a marked improvement to the left (north) increasing stopping sight distance from 17.5m up to 32.0m. Whilst this is not to the recommended requirement as stated in the Manual for Manx Roads (47.0m), it represents a material increase in visibility.
Accident Data A2 / Baldrine Road junction. There has been one recorded accident at the junction of the A2 and Baldrine Road over the last 5 years recorded as damage only; no injuries were sustained by either driver; occurring April 2016 where a vehicle waiting to emerge from Baldrine Road with the intention of turning right turns into the path of a vehicle travelling towards Laxey.
Conclusions. Based on the speed surveys and the required stopping sight distances, the junction improvement does not match the required standard of 47m but represents a material improvement to both existing and future drivers using Baldrine Road and its junction with the A2. The limited number of recorded accidents suggest there is no real issue with the way the junction operates or has been operating. Nevertheless, any proposals to improve visibility are considered beneficial in terms of highway safety. The relocation of the existing stop line at this junction will also provide a more consistent carriageway width along the A2. Taking into account the improvements to Baldrine Road and relatively low traffic flows generated by 7 dwellings, the proposals are considered on balance to be acceptable.
Please attach the following conditions to any future consent;
Prior to development commencing, a signage scheme at the Manx Electric Railway level crossing shall be submitted to and approved in writing by the Department. The approved scheme shall be implemented prior to development becoming occupied. Reason: In the interests of Highway Safety.
Prior to development becoming occupied, the proposed footpath running parallel to Baldrine Road as shown on dwg no 16-01-01-A and 16-01-09-B shall be constructed to the satisfaction
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of the Department. The footpath shall be maintained thereafter as part of the public highway / public right of way. Reason: In the interests of Highway Safety
Prior to development commencing, a new 8.0m x 2.4m passing bay along Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department. The passing bay shall be maintained thereafter as part of the public highway. Reason: In the interests of Highway Safety
Prior to development commencing, the realigned Manx sod bank / improvements to the 90 degrees on Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department and maintained thereafter. Reason: In the interests of Highway Safety
Prior to development becoming occupied, the junction improvements as set out in drawing number AT/ 16-01-10 shall be carried out to the satisfaction of the LPA. Reason: In the interests of highway safety.
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level. Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.
The development shall be limited to no more than 7 dwellings unless otherwise approved in writing by the LPA. Reason: In the interests of highway safety."
ASSESSMENT 6.1 Whilst there is significant opposition to the development of this site from local residents, the site has been designated for development since 2005 and with a recommendation that the site may be suitable for higher density housing. The most recent work undertaken in respect of the Area Plan for the East concludes that not only this site but also the land on both sides of the access road, is suitable for housing. As such, the principle of housing on this site should be considered acceptable.
6.2 The issues are whether development i) should be for development at a higher density, ii) can be satisfactorily drained and accessed; and iii) whether or not there are other material considerations which would demonstrate that the development of housing here is now unacceptable.
6.3 In respect to the first matter, the Laxey and Lonan Plan suggests the site may include development at a relatively high density to incorporate provision for first time buyers and this view is supported by Garff Commissioners. Strategic Policy 1 states that development should make the best use of resources by optimising use of land. Arguably the proposal to develop the site for just 7 houses would not make the best use of the land and as it is only 7 units the applicant is not required to provide affordable housing which would be required if there were 8 units on the site. The applicant's design and access statement sets out that 'the proposals have been prepared having regard for the topography of the site which does not lend itself to higher density housing due to the level differences and access levels required for the drainage of the site. Play areas for children and public amenity space are therefore not as the development is for less than 10 dwellings'. On the one hand, a low density, particularly if it is
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bungalows could arguably have in less impact on the environment from a visual point of view. However the indicative properties are large and the proposal does not specify that they will be bungalows. Consequently a higher density development, certainly an increase of one dwelling, is likely to be feasible and the density proposed is more likely to be a choice made by the applicants rather than there being any significant technical reason why a higher density cannot be proposed.
6.4 In terms of access and drainage, it is always difficult, particularly for third parties, to comment on applications for approval in principle as often, little is provided in the way of details for the elements of the development which will actually have an effect. In this case, there are details of the access and it can be discerned what impacts this will have. Although the access road will pass through an open field and will be set higher than the field, the area plan notes that the road is lightly trafficked and the area is surprisingly inconspicuous. In respect of protection of the areas of archaeological interest, providing surface and foul drainage, ensuring that the development will not exacerbate any flood risk and how the dwellings will sit, there is little or no information. As the site is designated for development, the test is whether these elements are capable of being satisfactorily addressed.
6.5 The management of foul and surface water in Baldrine has long been an issue, identified partly in the Laxey and Lonan Area Plan of 2005, it is clear that there may not be mains drainage available to service new development and in this case, it required that on site treatment of sewage was required. Manx Utilities, the Island's drainage authority indicate that they are content to accept the sewage from the development into the mains system, following work to reduce infiltration to the existing system since the Plan was adopted. They also comment, as the authority responsible for providing advice on flood risk, that the surface water from the site could be dealt with a number of ways, and raise no issue with these. On the basis of the advice and responses from Manx Utilities, it is concluded that the site is capable of being drained of its foul and surface water and that these issues do not constitute reasons for refusal of the application.
6.6 Baldrine Road has its limitations as does its junction with the A2 Main Road. However, the application will provide improvements which address some of these issues, such as improving visibility for those emerging onto the A2 from Baldrine Road through the bringing forward of the stop sign, the provision of a passing bay and the requirements of DoI which include signage for the tram crossing. The highway authority has determined that the proposal can be satisfactorily accommodated on the highway network and as such, it is not accepted that the application should be refused for highway safety reasons.
Other material considerations 6.7 The footprint of the proposed dwellings, whilst illustrative only, demonstrate that seven dwellings can be accommodated on the site whilst retaining a significant distance - well in excess of the usual 20m minimal distance of separation required - to existing dwellings in Highfield Drive with similar distances across the MER to the properties on The Crescent. There is similar distances of separation in these cases. Given that the site is designated for development, and with an indication that the development should be relatively high density, where what is proposed is not, it is considered that the potential relationship between the existing and proposed dwellings will or could be, acceptable.
6.8 The site contains a feature of archaeological interest with another within the land within the control of the application and close to the proposed access road. There is no indication from Manx National Heritage that what is shown would adversely affect these features and as such, this is not considered to be a reason to refuse the application. It is important that such features are not only protected but that development around it does not compromise their status and presentation and these are issues for the following reserved matters application.
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6.9 In considering all matters, the application is recommended for approval, altough the density of development proposed is low, a higher density of development may have resulted in more vociferous objections from residents as they may feel the impact of the development would be greater.
Decision Made : ... Committee Meeting Date:...04.09.2017
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.
Signed :...S CORLETT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph in the Officer’s report).
Signatory to delete as appropriate YES/NO
The Committee approved the application at its meeting of 4th September, 2017 subject to the modification of condition 3 to add "(including mitigation of any flood risk)" to condition 3.
Also, on the revised recommendation of the Case Officer the Committee extended wider party status to that recommended to include the resident of Brookside
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