DEC Officer Report

Application No.: 21/00617/REM Applicant: Mr Mark Askew Proposal: Reserved matters application for the erection of a detached garage addressing internal layout, drainage, design, means of access, landscaping, and external appearance (relating to PA 21/00226/A) Site Address: Fern Glen Groudle Road Onchan Isle Of Man IM3 2EZ Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.07.2021 _________________________________________________________________

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 19.05.2025.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. All planting, seeding or turfing comprised in the approved details of landscaping (Laurel minimum 1.5m high when planted) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the garage, whichever is the sooner. Any trees, bush or plants which die 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 3. The existing roadside hedgerow (southern boundary) is required to be retained. Any trees, bush or plants which die 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.

N 1. Please note all conditions attached to planning application 21/00226/A are required to be adhered to.

This application has been recommended for approval for the following reason.

It is considered a double garage on this site would be acceptable and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East and Residential Design Guidance.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 04.06.2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application forms part of the garden of 70 Groudle Road (Fern Glen), Onchan which is located to the northern side of Groudle Road and north of King Edward Gold Course. - 1.2 To the north and east of the site is areas of public open space and beyond woodland, especially (to the north of the site which is Groudle Glen). To the south is Groudle Road and beyond the golf course. To the west are residential developments, specifically five additional dwellings which were approved and built at the same it as the application dwelling. - 1.3 The site is characterised as lawned garden, which is sloping in nature running downwards from the southern boundary of the site to the northern boundary. The north boundary of the site is a traditional Manx sod bank with hedgerow planting above and the northern and eastern boundaries are made up with mature Griselinia hedgerows. A public footpath runs along the eastern and north boundaries of the site.

2.0 PROPOSAL - 2.1 The application seeks approval for Reserved Matters Application for the erection of a detached garage addressing internal layout, drainage, design, means of access, landscaping, and external appearance (relating to PA 21/00226/A). - 2.2 The garage would have a width of 5.2m, a depth of 5.7m and a right height of 3.67m. The garage would have a hipped roof design with rendered walls and a Manx stone plinth to the front elevation (west). A new Laurel hedgerow would be created along the northern elevation of the garage. The existing roadside hedgerow (approximately 3.5m in height) would be retained.

3.0 PLANNING POLICY - 3.1 The site is designated as predominately residential under the Area Plan for the East. The site is not within a Conservation Area. - 3.2 Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:-

3.4 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."

Other Material Considerations

3.5 Residential Design Guidance was issued by the Department of Environment, Food and Agriculture with the agreement of the Minister in March 2019. The aim of this guidance is to help all of those involved in the design process to work together to improve the quality of our built environment. The document is not a Planning Policy Statement (as per Section 3 of the Town and Country Planning Act 1999) but is capable of being an 'other material consideration' (as per Section 10(4)(d) of the Act).

- 4.0 PLANNING HISTORY

4.1 The previous planning applications are considered most relevant in the assessment and determination of this application: - 4.2 Approval in principle for the erection of a detached garage addressing siting 21/00226/A - APPROVED with the following condition:

"C 2. Approval of the details of design, external appearance of the garage, internal layout, means of access, landscaping 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) Order 2019."

4.3 Approval in principle for the erection of a detached dwelling with garage - 19/00443/A REFUSED on the following grounds; "R 1. The proposed development on a site designated as Low Density Housing in Parkland would fail to meet the requirements of Planning Circular 8/89 and Policy O/RES/P/4 of the Onchan Local Plan and further would result in development which would have an adverse visual impact upon the site and area/landscape contrary to General Policy 2 of the Isle of Man Strategic Plan 2016, Planning Circular 8/89 and Policy O/RES/P/4.

R 2. The location of the proposed development is consider to be an unstainable form of development and therefore contrary to Strategic Policy 10 & Transport Policy 1 of the Isle of Man Strategic Plan 2016."

4.4 Amendments to approved dwellings design on Plots 1a to 6a - 08/00288/B, 08/00289/B, 08/00290/B, 08/00291/B, 08/00292/B, 08/00293/B - APPROVED

4.5 Erection of six dwellings with access drives, landscaping and drainage works and creation of public footpaths - 06/00665/B - APPROVED. This previous planning application, which overcame the reasons for refusal of 05/000737/B (below). - 4.6 Erection of six dwellings in plots of at least one acre each, with access drives, landscaping and drainage works - 05/00737/B - REFUSED on the following grounds:

"R 1. By reason of its encroachment into an area of open space, as defined by the Onchan Local Plan, the proposed development is deemed unacceptable. Specifically, the Planning Committee considers the extent and location of this area of open space is important to the protection of both the visual and the public amenity of Groudle Glen and its wider context in the surrounding area.

R 2. The proposed development is unacceptable by reason that approval of the planning application would result in the encroachment of residential development into land that is designated as public open space under the legal agreement enacted in association to a previous planning application that covers the application site. This legally binding designation is viewed as a material planning consideration and the Planning Committee neither considers it appropriate to permit such encroachment nor do they consider it to be appropriate to make a decision that is clearly contrary to such designation."

- 5.0 REPRESENTATIONS

5.1 Highway Services do not object to the application (21.06.2021) commenting: "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking." - 5.2 Onchan Commissioners have recommended an approval (30.06.2021).

- 6.0 ASSESSMENT

6.1 The main matter to consider is the potential visual impact of the garage upon the street scene/adjoining countryside location. The principle of a garage on this site has already been established. - 6.2 The AIP application outlined that the main issue with the garage would be visual impact of the garage when seen from Groudle Road, but also from some more distance views Bibaloe Beg Road, Whitebridge Road and especially from Ennerdale Avenue, Windermere Avenue and Groudle View. This was a concern of the last application for a new dwelling on the site and the potential adverse visual impact upon the character and quality of the site and area, due to the increasing of built development on the site. While the concerns for a dwelling would remain, it was considered in the AIP application that a sensitively designed garage of the size proposed could be accommodated on the site which would not adversely affect the visual amenities of the area. The AIp states:

"There are a variety of options open to the applications for example, lowing the ground level where the garage would be sited, flat roofed garage, low pitched roof or timber/dark stone cladding etc. This is not an exhaustive list, nor are perhaps all acceptable; however, the visual impact would be considered at a Reserved Matters stage, rather than at this stage."

6.3 It is considered the proposed garage would not be a prominent feature given the new landscaping (northern elevation) and with the existing mature roadside hedgerow to the southern boundary. Furthermore the proposed garage given its modest height and size and with the above landscaping in place, would not be a prominent feature in the street scene or from distant views across the valley. While accepting the upper section of the roof maybe apparent when travelling towards the site; along the Groudle Road, it is not considered this impact would be so significant to warrant a refusal.

6.4 Relaying totally on landscaping to hid/reduce the impact of the development is not generally recommended; however, given it is the roadside boundary, it is highly likely that the owners of the site would reasonably always want some sort of boundary feature for privacy/noise reasons at this site. Accordingly, in this case it is reasonable to consider that there is likely to be a boundary feature (hedge etc) of this height in the future. A condition should be attached which requires the roadside hedge be retained.

- 7.0 CONCLUSION

7.1 Overall, it is considered a double garage on this site would be acceptable and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East and Residential Design Guidance. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 20.07.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.