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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00995/REM Applicant : Hartford Homes Limited Proposal : Reserved matters application relating to PA 16/01316/A for the erection of seven detached dwellings with integral garages with associated roads and services, addressing siting, internal layout, design, external appearance and landscaping Site Address : Ballabeg Main Road Glen Vine Isle Of Man IM4 4BA
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.10.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved must be commenced prior to 6th April, 2021.
Reason: to accord with the terms of the approval in principle and to avoid the accumulation of unimplemented planning approvals.
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 and dated 3rd October, 2016 and updated 17th September, 2018. In addition, prior to the commencement of works hereby approved, there must be approved by the Department, a schedule for the monitoring of tree retention, protection and planting to be undertaken by an appropriately qualified tree specialist. This schedule must include measures to introduce the fencing as shown in the approved drawings, which is to be erected within the Construction Exclusion Zone. The development must be undertaken in accordance with the approved schedule.
Reason: to ensure the retention and planting of trees in accordance with the approved drawings.
C 3. Notwithstanding the planting schedule shown in drawing 006, four, rather than five Ulmus New Horizon may be introduced to the rear of plots 5 and 6 with greater spacing between each tree and the field maple to be introduced should be the cultivar Arends, Elegant or Queen Elizabeth or other compact sub-species or variety with an ascending habit. An amended landscaping plan showing these changes must be approved by the Department prior to the commencement of any building or excavation works and the development must be undertaken in accordance with these details.
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Reason: to ensure that the proposed planting is effective and will survive.
C 4. 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 on plot 7 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 protection of the adjacent trees.
Plans/Drawings/Information;
This decision relates to drawings 001, 002, 003, 004, 005, 006, 007, 008, 009, 01A and 02 and the Section 1 Client and Developer Guidance report dated 3rd October, 2016 (updated 17th September, 2018), all received on 20th September, 2018. __
Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Manx Utilities as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE SITE 1.1 The site is a parcel of land which lies on the north eastern side of the A1 Main Road as it runs through Glen Vine. The site lies to the south east of the traffic lights. It formerly contained a dwelling, Ballabeg, with outbuildings which have been demolished. There are two means of access to the site - a vehicular driveway which runs from the A1 and a pedestrian lane which runs to the north west from the site and links it with Glen Vine Park.
1.2 There are a number of trees on site around the periphery.
PLANNING HISTORY 2.1 Planning approval was granted for the principle of the development including matters of the internal layout of the site, means of access and landscaping, of the site for seven dwellings under 16/01316/A in April, 2017 subject to the following conditions:
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.
2.2 Work has commenced on site and fencing has been erected to the south of the row of elms at the north western boundary of the site.
THE PROPOSAL 3.1 Proposed are the details of the matters reserved from the approval in principle above, namely, the siting, internal layout of the buildings, design and external appearance of the buildings and the landscaping of the site. Landscaping was approved in the approval in principle.
3.2 The footprint of the houses differs from those shown indicatively on the application in principle and are generally more compact and extend less far towards the rear boundaries of the site. Six of the houses are the same basic house type and the seventh, closest to the road, being on a more restricted type, is a different house type and smaller than the others. The six houses have at least the required car parking spaces in front of the house to enable the integral garaging to be converted to additional living accommodation under Class 26 of the Permitted Development Order 2012. The houses nevertheless have integral double garages, plot 1 having a single garage.
3.3 The houses are of a similar appearance, the basic house types differing from the others by the use of stonework.
3.4 Drainage is to connect to the existing foul and surface water systems in the lane and the main road, the sw sewer running down the estate road and part of the proposed foul drain running across the open space area to the south of the proposed access road near its entrance from the main road.
3.5 The application includes an updated Tree Report with the same survey data but slightly different trees to be removed. Four fewer trees are to be removed including a sycamore at the entrance on the right is now to be retained whereas the tree on the corner of the application site and the plot of Burleigh and Suncrest is now to be removed although within the report this tree, T16 is to be monitored and could be retained if damage is limited. A further two trees are now recommended to be removed on the grounds of poor health. The Report recommends that it should be presumed that there are tree roots beneath the existing asphalt driveway and that the CEZ should remain in place immediately before and after this work.
3.6 The report includes the statement that if there is any deviation from the Arboricultural Method Statement and/or the Tree Protection Plan, the project arboriculturist must be informed immediately. They include a tree protection record of surpervision sheet but there is no programme of when these records should be taken.
3.7 The application contains a highway report technical note to be read following that produced for the application in principle, referring to Manual for Manx Roads and concluding that the development accords with this. The approval in principle provided details of access so this information is not necessary.
PLANNING POLICY 4.1 The site lies within an area of Predominantly Residential use on the Town and Country Planning (Develoment Plan) Order 1982. As such, there is a presumption in favour of residential development subject to compliance with the general standards of development set out in General Policy 2 as follows:
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"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways".
4.2 Account must be taken of the fact that planning approval has already been granted for the principle of the seven dwellings and the detail of the access and landscaping.
4.3 The site is designated for residential use on the draft Area Plan for the East, subsuming the site into the residential area surrounding it.
REPRESENTATIONS 5.1 Marown Parish Commissioners have no objection (19.10.18).
5.2 Highway Services make no comment.
5.3 DEFA Arboricultural Officer makes a series of comments about the scheme, noting that the houses will be further from the trees than was shown in the previous application and whilst there is still a perceived risk from houses being constructed in the vicinity of these trees, this risk is reduced. The new position of the houses means that the full exclusion zone can be achieved without having to resort to ground tree protection measures during construction. However, due to the restricted area remaining, he recommends that work is supervised by a qualified arboriculturalist, to ensure that fencing is not removed and the CEZ is not breached. He makes comment on the proposed tree replacement, suggesting that where field maple is proposed, these should be a compact, ascending habit rather than a spreading one due to the available area into which they can grow and that four rather than five elm are planted at the rear of plots 5 and 6. He also expresses concern about the nature of the space into which new trees will be planted which may be highly compacted and/or disturbed and that some soil amelioration may be required prior to planting to make sure that the trees that are planted survive and thrive. He recommends conditions regarding tree protection, planting and monitoring (12.10.18).
5.4 Further to correspondence exchange between the applicant and DEFA's Arboriculturist, he clarifies that in his view, there is insufficient clarity in when monitoring would be undertaken, how things would be reported (19.10.18).
5.5 Manx Utilities have no objection but seek conditions which require that no surface water is discharged to the main foul sewer and they refer to the Sewerage Act, 1999 and Section 8 agreements, none of which is relevant to the planning application as they relate and are the responsibility of, other legislation (12.10.18).
5.6 Marown Parish Commissioners have no objection (19.10.18).
ASSESSMENT 6.1 The matters for consideration are the details of the siting, design, landscaping, internal appearance and external appearance of the dwellings and the landscaping. As the landscaping
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has been provided and in a different form to that proposed in the application in principle (for example, the root protection works will be less complicated as the entirety of the dwellings are outwith the CEZ), it may be appropriate to revisit the conditions attached to the AIP, for example those conditions specifically referred to the Manx Roots document dated 3rd October, 2016 whereas the report submitted with the 2018 application is dated 3rd october, 2016 (updated 17th September, 2018).
6.2 The house types, positions and layouts will reduce the impact on the existing trees and will provide a satisfactory living arrangement whilst presenting an acceptable visual impact to the surrounding area.
6.3 The landscaping proposal is now better than that proposed previously in that it retains one more tree which is close to the main road, which will be of benefit. There is an area of disagreement between the applicant and the Arboricultural Officer in terms of the type and number of trees but more importantly, regarding how the protection and planting will be monitored. The applicant has concerns that with a condition as recommended, which requires proof of monitoring to be approved by the Department within 28 days of the completion of the development, that this could deter potential purchasers engaging in a sale until after this has been discharged. Of more concern is the necessity for the condition, which, if there is none, would result in the condition being invalid or at least subject to challenge. It is important that the monitoring is undertaken, not that proof of this is provided at the end. If this proof were not available but the works had been undertaken, where would this leave the Department in terms of enforcement? It is considered that it is more reasonable and enforceable and in fact more relevant to require a specified and agreed schedule of monitoring, which could involved reporting to the Department at each stage, which could be required as part of a new condition requiring details of the monitoring process. If any of the prescribed monitoring stages is omitted, the development could be halted there and then before damage is undertaken, which is more effective than finding out at the end that the process has not been followed.
6.4 A condition was considered to restrict further enlargement of any of the dwellings, for fear that such works could interfere with the root area of any of the trees on site. However, all of the properties, other than that on plot 7 are at least 4m away from the planted areas and should not cause any issue with the RPA of the trees. The property on plot 7 is closer to this and should be subject to a condition which prevents any extensions without a planning application which will consider in detail the effect of any further development on existing trees. The PDO does prevent works which would damage any existing tree, but it is often not know by those undertaking works, how much distance is required from a tree in order to protect it for the future. A condition in respect of plot 7 is therefore considered appropriate.
CONCLUSION 7.1 The development is considered to accord with the requirements and spirit of the approval in principle and will result in an acceptable development that complies with Strategic Plan policy and is supported subject to conditions regarding monitoring of tree protection and planting. The matters raised by Manx Utilities are not material planning considerations and are dealt with under separate legislation, as noted in paragraph 5.5 and these matters should not be subject to any planning conditions.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and
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(e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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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.
Decision Made : Permitted Date : 26.10.2018
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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