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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00763/A Applicant : Mr Roy & Mrs Viv Cleator Proposal : Approval in principle for the construction of five dwellings addressing means of access Site Address : Part Field 214287 The Threshold Jurby Isle of Man
Principal Planner: Mr Chris Balmer Photo Taken : 06.02.2019 Site Visit : 06.02.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.03.2019 __
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 building[s], internal layout, 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)(No2) Order 2013.
C 4. The visibility splay at the new access onto the new estate road identified on R01/001d shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
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C 5. Any Reserved Matters Application should include a method statement detailing how any lizards would be protected during the works to ensure the lizards are not damaged, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
Plans/Drawings/Information:
This approval relates to the submitted documents and drawings R01/001 D, R01/SK05 and ITB14591-GA-001 received on 20th July 2018, 24th September 2018 and 13th March 2019.
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Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are 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 (electricity) __
Officer’s Report
1.0 SITE 1.1 The application site comprises Part Field 214287 to the northeast of The Threshold Estate within Jurby. The site is a field, with no built development. Access to the site is via a private road, which serves two recently constructed two storey properties to the east of the site, and this road runs from The Threshold for approximately 20m+ in a north-easterly direction to the eastern boundary of the site.
2.0 PLANNING POLICIES 2.1 The application site is within an area of 'Predominantly Residential' and 'Proposed Residential' under the Isle of Man Development Order 1982. The site is not within a Conservation Area.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
2.3 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;
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(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."
2.4 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."
2.5 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."
3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.
4.0 PROPOSAL 4.1 The application seeks approval in principle for the construction of five dwellings addressing means of access only, all other matters are reserved for a future detailed application.
4.2 The submitted drawings shows how five plots could be laid out within the site with a central road running through the centre of the site joining into the private road to the east of the site, which subsequently joins onto The Threshold.
5.0 REPRESENTATIONS 5.1 Highway Services (received on 4-9-18) make the following comments: "The application form states that all matters are to be reserved for a future detailed or reserved matters application apart from means of access which is to be determined now. The proposed site plan does not show any existing or proposed vehicular access road to the site which is required for detailed approval. The access route needs to be sufficient to accommodate two-way traffic, pedestrians, emergency vehicles and possibly refuse vehicles depending on the proposed refuse collection arrangements which need to be confirmed.
The site accesses to each plot are not shown which is required together with the highway visibility for the site access road onto The Threshold and each proposed driveway. Visibility splays of 2.4m x 25m are needed for the 20mph speed limit of The Threshold, with nothing above 1m in height within the visibility splay areas and the splay lines intersecting the kerbline/edge of carriageway. The proposed site access arrangements should be designed in
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accordance with the 'Manual for Manx Roads' (MfMR) design guide available on the Isle of Man Government website.
The parking standards in 'The Isle of Man Strategic Plan 2016' require 2 car parking spaces for a dwelling. There should be sufficient room on the site to accommodate 2 car parking spaces and on-site turning for each of the 5 dwellings. The size of the driveway spaces and any garage sizes would need to comply with the standards in the MfMR.
The current proposals cannot be afforded highway support due to a lack of information in the application. Highway Services request that the application is deferred to allow the applicant to consider the above"
5.1.1 Following numerous discussions between the applicants, the Department and Highway Services in response to Highway initially comments; the applicants provided additional information/plans which Highway Services made the following comments:
"Following the previous highway response dated 28/01/19, the applicant has submitted additional information.
The swept path analysis plan (drawing no. ITB14591-GA-001) shows that a 10.4m length refuse vehicle could access the proposed site road and turn around within the site. The applicant has previously stated that they have had confirmation that this is the largest size refuse vehicle used in this area. The vehicle slightly overhangs the end of the proposed turning head but this is deemed acceptable as the overhang areas could be laid as verge or hard standing and should not require pedestrian access.
The revised site plan (drawing no. R01/001d) shows a 4.8m road width with adjacent 2m footway which would be sufficient to enable cars to turn in and out of the plots to access off- street parking which would be agreed later as part of a future reserved matters/detailed application. The 4.8m wide stretch of road from The Threshold is narrower than the ideal scenario and it would not be possible for two cars to pass each other on the internal highway bend, which would prevent the road from being adopted, although two cars could pass each other either side of the bend.
A highway visibility splay of 2.4m x 25m to the right for vehicles exiting the site onto the Threshold has been shown which is acceptable but a planning condition would be required to secure this. It would involve the applicant entering into a statutory undertaking with the third party land owner to be able to provide and permanently maintain the visibility splay. There must be nothing above 1m in height within the visibility splay area. Sufficient highway visibility would be available in the other direction on The Threshold due to the position of the site access.
Summary Highway Services does not oppose the application subject to a planning condition for a statutory undertaking between the applicant and the third party land owner to be able to provide and permanently maintain the 2.4m x 25m highway visibility splay across the frontage of 17 The Threshold with nothing above 1m in height within the visibility splay area.
Recommendation: DNOC"
Highway Services 5.2 Jurby Parish Commissioners have no objection (received on 13.09.2018).
5.3 The Senior Biodiversity Officer (DEFA) makes the following comments (received on 21.08.2018) that a method statement is required as there are records of lizards utilising the banks in the vicinity of the development.
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5.4 Manx Utilities initially objected to the application as there are low voltage underground cables located in areas of Plots 1& 2 (15.08.2018). However, after discussions with the applicant they have withdrawn their objection as the applicants have agreed to divert the underground cables across the site at their cost (22.08.2018).
6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; and (d) potential impact upon neighbouring amenities.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use/proposed residential use under the IOM Development Order 1982. As such the general principle of residential development is concluded to be acceptable. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 The only matter to be considered at this stage is the access of the site and whether it is suitable to accommodate five dwellings. The site is essentially at the end of a cul-de-ac and existing traffic to and from the site would be limited. The proposed access into the main estate is via a 4.8m wide road which currently only serves two recently constructed dwellings to the east of the site. A 2m wide footpath is also shown on the plans which runs parallel with this road and continues along the estate road within the proposed site. The applicants after receiving initial comments from Highway Services have also provided tracking for a 10.4m long bin wagon, which shown how it would access the site and turn within the proposed turning head and then leave.
6.4 In terms of individual access to each plot and parking/turning provision this would be dealt with in a future detailed application and is not a matter to considered now; albeit the site is clearly larger enough to accommodate the required turning and off road parking spaces; so the Department is comfortable at this stage that such provision can be made.
6.5 Highway seek a condition requiring; "...the applicant and the third party land owner to be able to provide and permanently maintain the 2.4m x 25m highway visibility splay across the frontage of 17 The Threshold with nothing above 1m in height within the visibility splay area.". This cannot be attached as the site in question (frontage of Nr 17) is not within the applicant's control. However, the Department is satisfied that the likelihood of such occurring is low, namely as the same area would screen their own visibility (access from Nr 17 is along this same frontage) and as the whole estate frontages (Commissioners' Housing) is open plan.
6.6 Overall, it is considered the development can be adequately accessed both vehicular and pedestrian traffic and therefore comply with TP4.
POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENES 6.7 As the application is an AIP there are no details of any dwelling on each plot. Such matters wold be judged in any future detailed application.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.8 Again until a detailed application is submitted this aspect cannot be considered. It is considered the size of each plot and position from neighbouring properties, does give sufficient
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space to enable a dwelling on each plot without impacts the neighbouring amenities significant. However, this will be considered in a detailed application.
Other matters 6.9 Comments made by the Senior Biodiversity Officer (DEFA) can be addressed via a condition requiring such information in any future detailed application.
7.0 CONCLUSION 7.1 Overall, for the reasons indicated it is recommended that the application be approved.
8.0 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 (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee 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. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 05.04.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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