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                                                 16/01316/A
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/01316/A Applicant : John Dean Proposal : Approval in principle to construct 7 detached dwellings with garages (including details of internal site layout, means of access and landscaping). Site Address : Ballabeg Main Road Glen Vine Isle Of Man IM4 4BA

Case Officer : Miss S E Corlett Photo Taken : 15.12.2016 Site Visit : 15.12.2016 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO CONCERNS RAISED WITHIN THE DEPARTMENT REGARDING BATS

THE SITE 1.1 The site is a piece of land which lies on the northern side of the A1 highway as it runs between Douglas and Peel and through Glen Vine where this site is located. The application site is the residential curtilage of a residential property, Ballabeg. The site is approx. 0.7ha in area and currently contains a detached dwelling that sits in spacious grounds set back approximately 50m from Peel Road. There are also a number of existing associated outbuildings contained within the site. The site has a vegetable patch/orchard to the south east.

1.2 The site is basically L-shaped, the boundary with Main Road is a 40m long stone wall and significant mature trees bound the majority of the remaining boundaries. The main dwelling is a traditional Manx house with a much more contemporary annex at the rear. With the exception of the furthest south eastern boundary the site is surrounded by existing residential properties. To the north west of the site is a single storey detached dwelling (Ambleside) with a long rear garden that stretches almost the entire length of the application site. To the south of the site are five detached properties (Suncrest, Burleigh, Reayrt Aalin, Genesee & Ballacosney) that are all accessed via Peel Road. To the north and north east of the site are the detached properties located within Park Close and Greeba Avenue.

1.3 There is a vehicular access onto Peel Road and also a very pleasant pedestrian access from Glen Vine Park. This is not to be affected by the proposal and is not within the applicant's ownership or control. It is a pleasant leafy lane and where the trees overhang the lane such that it would not be practicable to use the lane for vehicular traffic without the vehicle being scratched. The surface of the lane is also soil and was a little boggy in places.

1.4 There are various trees within the site: a row of elm on the north western boundary which are to be retained, a row of mixed type, age and size trees closer to the south eastern boundary, some of which near the front are to be retained, a group of mixed species at the north east which are to be removed and a large elm on the boundary of the site, Burleigh and Suncrest, which is shown to be removed. This is a large tree with significant ivy growth which the applicant advises is not

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particularly liked by the neighbours alongside who would not object to its removal, confirmed in writing by the owner of Suncrest on 15.03.17.

THE PROPOSAL 2.1 Proposed is the principle of the construction of seven dwellings with associated roads and site layout and landscaping. This compares with approval which has been granted previously for the principle and detail of four dwellings on the site and also for the principle of seven which was approved under PA 14/01218/A. This current application seeks to address difficulties with one of the conditions which related to tree protection and which could not have been complied with but otherwise the layout, access and position and number of the plots and the associated dwelling footprint outlines are the same. The difference comes in the clarification of the numbers of trees to be removed to make way for the access.

2.2 Access is to be created through the demolition of the existing wall and a new boundary wall constructed to provide a 1.8m wide footpath to match the existing footpath on the Douglas side (the existing footpath is 1.2m wide here) and the boundary wall to be no higher than 1.05m within the visibility splay which provides a minimum of 2.4m by 90m in each direction. The plans also show the reduction of the roadside wall fronting Suncrest to no higher than 1.05m which can only happen with their agreement. The pedestrian access to the existing lane is also shown by way of a formal path 2.5m wide: the actual width of the existing lane is wider but narrowed by overhanging vegetation. The estate road will be at a gradient of a maximum of 9.7% and the ground for this lowered by up to 300mm with some cut at the upper end of the site.

2.3 Drainage will be provided via new surface water and foul systems to the existing main system in the public highway and details of this are provided.

2.4 The application this time includes a Tree Report. The summary of this is that of the trees on site, 5 are recommended for removal on the grounds of poor structural or physiological health and 16 category C and 3 Category B trees are required to be removed to facilitate the development along with a number of smaller self set scrub trees and mitigation planting is proposed to compensate for those lost.

2.5 The survey describes the trees on site as comprising 3 ash, 1 beech, 3 ornamental cherry, 5 cypress, 13 elm, 5 horse chestnut, 1 tulip, 1 Scots pine, 5 sycamore, 4 Western red cedar, 1 spindle, 2 crab apple and 2 griselinia bushes. Of these, one each of the crab apple, cherry, elm, cypress and beech are to be removed for health reasons. The others to be removed to facilitate the development include sycamore, tulip, elm, horse chestnut, spindle, 3 cedars, 2 grisenilia, cypress, apple and a mixed group all of which are Category C. Two elms and a Scots pine which are Category B are also to be removed to facilitate the development, One elm, T16 is on the boundary of the rear garden of Suncrest and Burleigh and is shown for removal. This is being queried. The other trees are either alongside the north western boundary of Suncrest and are alongside the proposed access road or are around the existing rear garden of the house and are coniferous.

2.6 Mitigation planting is proposed in the form of Ulmus New Horizon, a cultivated upright variety of hybrid elm which is considered to compliment the existing cover whilst not becoming problematic in the future. being highly resistant to Dutch elm disease. 7 new trees are to be introduced alongside the new access road although when comparing the illustrative Manx Roots drawing with the detailed proposed site plan, some of the sitings may be impracticable exactly as shown as they will clash with service verges and be in the middle of two plot boundaries.

PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application.

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3.2 Planning application 09/00092/A sought planning approval in principle to demolish an existing dwelling and ancillary buildings and erect four dwellings on the application site. This previous planning application was approved on the 11th December 2009.

3.3 Subsequent to this planning approval was granted to the reserved matters under 11/01260/REM for the four dwellings and associated access and drainage.

3.4 A further application was submitted for the principle of 7 dwellings which was approved under 14/01218/A.

PLANNING POLICY 4.1 In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site is located within a wider area of land that is designated as existing predominantly residential use.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains seven policies that are considered specifically material to the assessment of this current planning application.

4.3 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 under- used 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 and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

4.5 Strategic Policy 5 states: "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."

4.6 Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." Glen Vine is one of the villages identified within this policy context.

4.7 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

4.8 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape;

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(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; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

4.9 Environmental 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."

REPRESENTATIONS 5.1 Marown Parish Commissioners indicate that they have no objection to the development (09.12.16).

5.2 Highway Services indicate that

"The proposal is to erect 7 dwellings on a site with a single access onto the highway. The proposal meets the required standards for, car parking provision, adoptable roads and visibility splays.

Highway Services does not oppose this application subject to the following conditions:

1. Prior to any construction the access shown on Kelly Lewthwaite drawing no WL/16/1390 2 dated Nov 2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.

Reason: In the interest of highway safety

2. 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.

3. 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 (23.12.16).

5.3 The owner of Suncrest notes that the proposal involves a change of their wall which does not have their agreement. They also express concern at the proposed removal of an elm which they do not consider is diseased or needs to be removed and that the ownership of a tree to be retained has not been established (23.12.16). They later indicate that they have no objection to the loss of the elm (see above).

5.4 Department of Environment, Food and Agriculture, Senior Biodiversity Officer, comments that whilst bats have previously roosted in the buildings on the site, they no longer do so although they forage around the site due to its green cover, trees and hedgerows. A previous bat survey recommended the minimal tree loss and pruning. The loss of the trees proposed would significantly

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reduce canopy cover and increase loss of habitat and break up the tree lines which is not generally helpful to wildlife. He would recommend a scheme which results in the loss of fewer trees and asks whether fewer houses would achieve this (23.12.17).

ASSESSMENT 6.1 The site is designated for development and approval has already been granted for the development of four and seven dwellings on the site. As such, the issues in this case are whether the differences between what is now proposed and what was previously approved is acceptable, particularly having regard to the impact of the development on trees within the site.

6.2 The changes are that a greater number of trees will be removed as a result of the application and these are a more realistic assessment of what will happen if development is to happen. Those to be removed fall into two main areas - those to the north west of the boundary of the site with Suncrest and those which are grouped towards the north east of the site. The latter are less interesting, being mostly red Cedar and Scots pine. Their loss is not considered objectionable either on landscape grounds of those relating to the impact on adjacent residents or wildlife.

6.3 The loss of the elm on the boundary of Suncrest, Burleigh and the site has been discussed and both neighbours apparently dislike the tree and would not object to its removal. That said, the applicant is prepared to try to retain the tree during the works and to monitor its health during and after and to try to retain it if possible. The road is to be adopted and cell-web type construction is not acceptable within a public highway or that method of construction could have been employed to retain the tree.

6.4 The most significant impact of the development is the loss of trees and their impact on wildlife. Some mitigation will be provided by way of replanting which may also help in the event of Dutch elm disease and provides an element of longer term sustainability of the trees. Most of the controversial tree felling is due to the construction of the access and this could only be avoided by the construction of a repositioned driveway which would be situated further north west with no dwellings other than at the top end of the site, significantly reducing the number of houses on the site. Whilst that is not in itself a reason for refusal, as the objective to promote the best use of land needs to be balanced against the impact on wildlife and the character of the area, it is also relevant that the development will bring with it a maintenance and replanting scheme which may not be implemented if the site remains undeveloped with the access staying where it is. The loss of the trees alongside the access will have a greater impact as they are more valuable to the landscape and are deciduous, thereby adding more variety and interest to the landscape and privacy to those in Suncrest. The mitigation planting includes the introduction of planting of Ulmus New Horizon, a hybrid elm which should grow well here. These are proposed in the front gardens of plots 1, 2, 3/4, 5 and two in plot 7. The Report comments that the existing trees by virtue of their height and proximity to other property may cause shading problems in the future whereas the positions of the new trees will not result in such issues. A planting schedule is provided at Appendix 7 Sections 10 and 11 of the report. The trees are not in great condition and a continued lack of maintenance, particularly given the ivy growth will not result in a positive impact on the neighbourhood or possibly the longer term survival of those trees which are marked for removal. Whilst the trees currently contribute to the general attractiveness of the streetscene, their contribution is not considered to outweigh the benefit of the development of housing in this serviceable and sustainable location.

6.4 It is recommended that the principle of the development is acceptable. It is important to be aware that the reserved matters must comply with the requirements of the Strategic Plan, particular the standards of development set out in General Policy 2: the fact that there is an approval in principle does not override the need to comply with this.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent;

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(b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

The Forestry and Senior Biodiversity Officer are within the same Department as the planning authority and as such should not be afforded interested person status under the Order.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

the owner of Suncrest, Main Road

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: 23.03.2017

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. All tree retention, protection and removal must be undertaken in accordance with the measures and provisions set out in the Tree Report prepared by Manx Roots dated 3rd October, 2016.

Reason: To ensure that the development has an appropriate landscaped setting.

C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the

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occupation of the dwellings, 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: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 4. After the erection of the protective fences to safeguard the existing trees, no other development may commence on site until the access, complete with visibility splays of 2.4m by 90m as measured from the edge of the carriageway (as shown in drawing 2) has been formed and is available for use. Construction traffic and vehicular access to the proposed housing must be solely from this access point.

Reason: In the interests of highway safety and the amenities of those alongside the lane to the north west of the site.

C 5. The application for reserved matters must include details of how the access to the lane to the north west of the site is to be closed off to vehicular traffic. No approval is hereby granted or implied to any hard surfacing of the lane between the site and Glen Vine Park which would require planning approval and which could adversely affect the amenities of both the lane itself and use thereof, and those with property abutting the lane.

Reason: In the interests of protecting the amenities of the lane and those living alongside.

C 6. Prior to any development being undertaken on site, the trees to be retained must be protected against damage during the construction process in accordance with the measures defined in the Tree Survey and Report by Manx Roots dated 3rd October, 2016.

Reason: To safeguard those existing trees on site which are to be retained and which are considered to have amenity value.

C 7. 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 8. Approval of the details of siting, design, external appearance of the building[s] and the internal layout (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.

N 1. The applicant is encouraged to retain the elm (T016) and to monitor its health during construction, removing it if it proves impracticable to retain.

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This approval relates to drawings 1, 2, 3, 01, 02, 03, 05, 06, 07, 08, 09, 10A, 11 and 12, all received on 24th November, 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted.. Committee Meeting Date:...03.04.2017

Signed :...S CORLETT... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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                                                 16/01316/A
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PLANNING COMMITTEE DECISION 03.04.2017

Application No. :

16/01316/A Applicant : John Dean Proposal : Approval in principle to construct 7 detached dwellings with garages (including details of internal site layout, means of access and landscaping). Site Address : Ballabeg Main Road Glen Vine Isle Of Man IM4 4BA

Presenting Officer : Miss S E Corlett

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 3rd April, 2017 subject to additional conditions being added as recommended by Highway Services.

Conditions of Approval 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. All tree retention, protection and removal must be undertaken in accordance with the measures and provisions set out in the Tree Report prepared by Manx Roots dated 3rd October, 2016.

Reason: To ensure that the development has an appropriate landscaped setting.

C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 4. After the erection of the protective fences to safeguard the existing trees, no other development may commence on site until the access, complete with visibility splays of 2.4m by 90m as measured from the edge of the carriageway (as shown in drawing 2) has been formed and is available for use. Construction traffic and vehicular access to the proposed housing must be solely from this access point.

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Reason: In the interests of highway safety and the amenities of those alongside the lane to the north west of the site.

C 5. The application for reserved matters must include details of how the access to the lane to the north west of the site is to be closed off to vehicular traffic. No approval is hereby granted or implied to any hard surfacing of the lane between the site and Glen Vine Park which would require planning approval and which could adversely affect the amenities of both the lane itself and use thereof, and those with property abutting the lane.

Reason: In the interests of protecting the amenities of the lane and those living alongside.

C 6. Prior to any development being undertaken on site, the trees to be retained must be protected against damage during the construction process in accordance with the measures defined in the Tree Survey and Report by Manx Roots dated 3rd October, 2016.

Reason: To safeguard those existing trees on site which are to be retained and which are considered to have amenity value.

C 7. 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 8. Approval of the details of siting, design, external appearance of the building[s] and the internal layout (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 9. 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 10. 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 11. Prior to any construction the access shown on drawing 2 dated Nov 2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.

Reason: In the interest of highway safety

N 1. The applicant is encouraged to retain the elm (T016) and to monitor its health during construction, removing it if it proves impracticable to retain.

This approval relates to drawings 1, 2, 3, 01, 02, 03, 05, 06, 07, 08, 09, 10A, 11 and 12, all received on 24th November, 2016.