Officer Report

Application No.: 16/00960/B Applicant: Mr Ken Corlett Proposal: Proposed new dwelling adjacent to Ellan Vannin Site Address: Land At Ellan Vannin Laxey Road Baldrine Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 14.09.2017 Site Visit: 14.09.2017 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PLANNING DEPARTMENT STILL SEEKS FINIAL CONFORMATION FROM HIGHWAY SERVICES THAT THE VISIBILITY SPLAYS PROPOSED ARE ACCEPTABLE.

1.0 SITE - 1.1 The application site comprises of a parcel of land located between three existing dwellings on the eastern side of the A2 Coast Road, approximately 100 metres north of the junction of the A2 Coast Road with Ballagawne Road. The site currently forms part of an extended garden for one of the adjacent dwellings and consists of generally level ground. There are a number of mature trees and hedgerows which runs around the eastern, southern and the western (roadside boundary) boundaries of the site.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a new dwelling adjacent to Ellan Vannin. The proposed dwelling would be two storeys and have a Manx traditional form, albeit the window designs do not follow the normal traditional format, being larger and more horizontal in appearance. The main two storey part of the dwelling would have a width of 11.8m, a depth of 8.5m and a ridge height of 8.9m. To either side of the two storey dwelling, it is proposed to have to single storey buildings to each gable wall providing accommodation for an integral garage and a sun room. The proposed dwelling would accommodate five bedrooms within the first and attic floors, while the ground floor would accommodate a kitchen/family/breakfast room and living/dining room. - 2.2 The dwellings external wall would be finished in a painted render and it would have a dark coloured slate roof. Windows would be sliding sash windows with rear patios doors.

3.0 LAND USE ZONING / PLANNING POLICIES - 3.1 Under the Laxey and Lonan Area Plan Order 2005 the application site is designated as proposed predominantly residential (annotated as area no. 14 within the plan). - 3.2 Paragraph 4.51 of the Laxey and Lonan Area Plan Order 2005 states the following regarding the application site: "This has been suggested as an infill site suitable for the development of one additional dwelling. The Department would accept this on the basis that a similar development was approved several years ago, between Ben Varden and Harbour View (the property known as Glencoe) and has fitted

• very well into the roadside scene. Planning permission has been granted for the principle of the erection of a dwelling on this site (PA 01/1250)."
• 3.3 Policy L/RES/PR/11 of the Laxey and Lonan Area Plan Order 2005 states: "This plot will be considered suitable for the development of one detached property designed generally in accordance with Planning Circular 3/91 policies 2-7 inclusive. Development proposals must include provision for access onto the main road which is designed with appropriate visibility splays."
• 3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:
• 3.5 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.6 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.7 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:

• (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 spaces 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;
• (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 unacceptable 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."

3.8 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9

and 10;

• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance

with Housing Policies 12, 13 and 14."

3.9 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.10 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

4.0 PLANNING HISTORY - 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application: - 4.2 Approval in principle for the erection of a dwelling - 06/01938/A - APPROVED - 4.3 Approval in principle for erection of dwelling - 01/01250/A - APPROVED

5.0 REPRESENTATIONS - 5.1 The Garff Parish Commissioners have no objection to the (received on 15.09.2016). - 5.2 Department of Infrastructure Highways Services initially commented (received on 14.09.2016):"The proposal is for a single dwelling on a plot located on a road of single detached dwellings.

The drawings do not show visibility splays at the proposed access onto the A2. The applicant is requested to provide a drawing to an appropriate scale that indicates the visibility that can be achieved over land within their control from a point 2.4m back from the edge of carriageway to the near side carriageway edge in both directions. Visibility of 2.4m x 90m in each direction is required.

Please defer this application until this matter has been resolved."

5.3 Following amended plans being provided Highway Services made the following comments (received on 14.09.2016):"The proposal is for a single dwelling on a plot located on a road of single detached dwellings.

The drawings do not show visibility splays at the proposed access onto the A2. The applicant is requested to provide a drawing to an appropriate scale that indicates the visibility that can be achieved over land within their control from a point 2.4m back from the edge of carriageway to the near side carriageway edge in both directions. Visibility of 2.4m x 90m in each direction is required.

Please defer this application until this matter has been resolved."

5.4 Arboricultural Officer - Forestry, Amenity and Lands Directorate (received on 21.03.2017) makes the following comments following additional plans being provided: "Yes, Ben has given me verbal confirmation that the building footprint is almost (not completely) outside of the RPA's and, his opinion, with protection measures in place, the house could be built without having a detrimental impact on the health of the trees.

We also spoke about the principal of removing mature trees IF adequate mitigation planting was carried out. We didn't discuss the details of how many mature trees would be removed or what sort

of planting would be required. I would not like to see more than 2 of the large mature trees removed. Given their size and amenity value, based on planting 30-60cm trees, I think that they would need to plant 10 trees for every 1 tree that is removed. Although there is plenty of space in the field behind the proposed dwelling, finding a location for them where they wouldn't cause conflict in the future (shade, blocking of views etc.) could be difficult. My suggestion would be as attached.

Regarding your question there are two points to be made.

• a) I only 'need' the information in as much as it allows me to make a proper assessment of the impact to trees and therefore provide better recommendations and guidance to you.
• b) Generally speaking, my opinion is that it's better for this kind of information to be provided before the outcome of the application is determined. However, if you're asking 'how can I approve this application and deal with the outstanding tree issues?' then, yes, applying conditions is an option. In my view this not the best option but is, in this instance, an acceptable one. Sorry if that answer is a bit convoluted. My recommendations for conditions would be as follows:

• 1. No site clearance, preparatory work or development shall take place until an arboricultural impact assessment, tree protection plan and arboricultural method statement are prepared and agreed in writing by the Department. All of these elements shall be prepared in accordance with the British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction Recommendations) and, once approved, these measures shall be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
• 2. No works or development shall be carried out until the Department has approved in writing the full details of all trees to be planted, including a) their quantity, location (or density), species, size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established.

It is worth noting that if these conditions are adopted, documents submitted in relation to condition 1 above should contain details of how the site will be monitored by an independent tree specialist. Where construction and development activity is to take place within or adjacent to any RPA, an auditable system of arboricultural site monitoring should form part of the arboricultural method statement. This is a recommendation of the British Standard (section 6)."

6.0 ASSESSMENT - 6.1 Given the land-use designation and the type of development the following elements are relevant for consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; and (e) impacts upon existing trees. PRINCIPLE OF DEVELOPMENT - 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the majority of the site is proposed for residential use and therefore the proposal for additional residential development is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the principle of a single dwelling on the site is appropriate. THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA - 6.3 Visiting the area it is noted that there is a variety of styles of dwellings in the area ranging from traditional two & single storey dwellings, 1970's modern bungalow, modern two storey dwelling and a 1930's styled two storey property, albeit the latter being on the opposite side of the road.

6.4 It is also noted the Laxey and Lonan Local Plan states that the site is; "suitable for the development of one detached property designed generally in accordance with Planning Circular 3/91 policies 2-7 inclusive." In this case the proposal is considered to meet the majority of the Circular criteria. The proposal in terms of its form and appearance does meet the criteria of the Circular, arguably the window designs do not, albeit the Circular indicates "designed generally" which does give scope not to meet all the requirements exactly. Overall, it is considered the proposed dwelling would fit well within the site and would be an in keeping form of development within the varied street scene and therefore not have an adverse impact upon the visual amenities of the area. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.5 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties, namely Ellan Vannin to the north and Benvarden to the south. Generally, issues to consider are whether the proposed dwelling would adversely impact the neighbouring amenities through overlooking, loss of light and/or overbearing impact upon outlooks. In this case given the design of the dwelling, existing mature landscaping (proposed to be retained) and, given the distances between the neighbouring properties, it is considered the proposed works would not have a significant impact upon neighbouring amenities to warrant a refusal. POTENTIAL IMPACT UPON HIGHWAY SAFETY - 6.6 Highways have sought visibility splays of 2.4 x 90 metres in either direction which following amended plans the applicant can provide. At least two off road parking spaces are also provided within the site as well as turning facilities to enable a car to exit the site in a forward gear. Overall given these reason and the property can be served by the required visibility splays, it is considered the application is acceptable from this respect. IMPACTS UPON EXISTING TREES - 6.7 Initially there were concerns that the submitted plans did not include sufficient details of the type or position of trees around the site. Consequently the applicant provided an amended plan to show the existing trees. The plan also indicated two trees to the eastern (rear) boundary of the site being removed following consultation with the Arboricultural Officer, who had concerns of the pressure for these trees to be removed once the dwelling was constructed and which are now proposed to be removed. It is noted these trees would likely be screened from public views following the construction of the dwelling. The Arboricultural Officer is happy with this arrangement, on the condition that further tree planting be undertaken to the corners of the neighbouring field which run along the eastern boundary of the site and is within the applicant's ownership (this could be undertaken without planning permission). Such details are provided on the amended plan.

7.0 RECOMMENDATION - 7.1 It is recommended that the planning application be approved for the reasons given and subject to the conditions listed.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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;
• o 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 Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries - Forestry, Amenity and Lands Directorate are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

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: 18.05.2017 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 visibility splay(s) identified on drawing 835.02 of 2.4m x 90m shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 4. No site clearance, preparatory work or development shall take place until an arboricultural impact assessment, tree protection plan and arboricultural method statement are prepared and agreed in writing by the Department. All of these elements shall be prepared in accordance with the British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction Recommendations) and, once approved, these measures shall be carried out as described and approved. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: To safeguard the existing trees and planting to be retained within the site.
• C 5. No works or development shall be carried out until the Department has approved in writing the full details of all trees to be planted, including a) their quantity, location (or density), species, size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. All planting, seeding or turfing comprised in the approved details must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are

removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This approval relates to drawings reference numbers 835.01 and 835.02 received on 15th August 2016 and 5th June 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.

Decision Made : Permitted Committee Meeting Date: 12.06.2017

Signed : C BALMER 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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