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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00443/A Applicant : Mr Mark Askew Proposal : Approval in principle for the erection of a detached dwelling with garage Site Address : 70 Groudle Road (Fern Glen) Onchan Isle Of Man IM3 2EZ
Principal Planner: Mr Chris Balmer Photo Taken : 07.05.2019 Site Visit : 07.05.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 23.05.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
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. __
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.
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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 in principle for the erection of a detached dwelling with garage. All matters (siting, design, access, external appearance of the buildings, internal layout, landscaping of the site) are reserved for a future detailed planning application.
2.2 The submitted plan show indicative design and footprint of the dwelling on the plot. It is shown to be a split level property appearing as single storey from the southern elevation (front) but two storeys to the northern elevation (rear).
3.0 PLANNING POLICY 3.1 Under the Onchan Local Plan the application site is zoned as Low Density Housing in Parkland. The application site forms part of housing Area 6, which comprises the land between Lakeside and Groudle Glen. Policy O/RES/P/4 of Planning Circular 1/2000, which forms the written statement to be read in conjunction with the Onchan Local Plan, states:
"Development of the piece of land which lies between the site referred to in 4.14 and 4.47 above, Groudle Glen, Groudle Road and the bridge over Groudle River will be considered acceptable for low density housing in parkland in accordance with Planning Circular 8/89 and where no development is erected within 80 metres of the Groudle River. The boundary between the site and Groudle Road must be formed by a sod hedge, either that which currently exists or one reconstructed as part of the development. The site must also have on its northern part a significant area of public open space contiguous with that proposed as part of the development of the adjoining land".
3.2 There is also a zoning that indicates the site is within an Area of Ecological Interest / Semi-Natural Vegetation.
3.3 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
3.4 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."
3.5 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit
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from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.
"Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
3.6 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."
3.7 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
3.8 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."
3.9 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
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.
The current standards are set out in Appendix 7."
3.11 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in
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the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
3.12 The Department's policy on low density housing in parkland is set out by Planning Circular 8/89. The most relevant extracts reads:
"Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.
In the case of (a),
Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.
In the case of (b),
the erection of further dwellings will only be permitted in exceptional circumstances.
Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-
(a) buildings must be substantial, and designed and finished to the highest quality; and
(b) each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.
Any specific policies included in the relevant Local Plan must also be observed.
Satisfactory provision of services and access will of course also be required."
3.13 The Draft Area Plan for the East does not designate this site (and Nrs 1a to 6a Groudle Road) for development. The site (and other dwellings) is also not included within the Onchan Settlement Boundary. However, given the draft plan is currently still in draft form (due to go before an Inspector for a Public Inquiry later this year), little weight can be attached to it at this stage; albeit gives a useful understanding of how sites are being potentially designated and the 'direction of travel'.
3.14 Other Material Considerations 3.14.1 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:
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4.3 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
4.2 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).
4.3 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 Onchan Commissions object to the application (09.05.2019) on the ground that the application fails to comply with planning circular 8/89 low density housing in Parkland and that it would set an undesirable precedent for the area.
5.2 Highway Services do not object to the application (¬16.05.2019) subject to conditions require adequate visibility splays are provided in accordance with "Design Manual for Roads and Bridges"; adequate parking and turning facilities in line with IOMSP and "Manual for Manx Roads"; and the proposed site levels are no steeper than 1:12 at all access, parking/turning and footpath areas.
6.0 ASSESSMENT 6.1 The only material planning issues which should be considered at this stage is the principle of residential development on this site for a single dwelling. All other matters would be considered at any future Reserved Matters application stage.
PRINCIPLE OF RESIDENTIAL DEVELOPMENT 6.2 As indicated within the 'Planning Policy' section of this report, the site is designated for "Low Density Housing in Parkland". Accordingly, while the site is designated for such development; as outline in Planning Circular 8/89, this is not an automatic reason to allow an additional dwelling on the site.
6.3 The Circular first requires considering whether the "Areas of existing low density housing in parkland" is classified either; (a) those which are clearly within the built areas of the Island's Towns and Villages or (b) those which are not. In this case it is not considered it can be said to be "clearly within" the built areas of Onchan, given its positioned on the outskirts of Onchan. The currently Local Plan does not show a settlement boundary, albeit the current draft plan for the east very clearly shows the site is outside of the settlement and not designated for any development (low density Housing status is removed). While the draft plan at this stage has little weight in planning terms, there is a current clear direction that the site and neighbouring low density properties have been development as low density housing in parkland and that no further dwellings should be built. Accordingly, continuing the
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requirements of the Circular, the proposal could fall to "In the case of (b)" which states: "the erection of further dwellings will only be permitted in exceptional circumstances.". Accordingly, it is considered the application could be refused on this basis, as there are not any exceptional reasons to allow such development.
6.4 If it is considered the site would fall within the built up area, then paragraph 4 of the Circular applies. This policy indicates that: "(a) buildings must be substantial, and designed and finished to the highest quality; and (c) each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Further any specific policies included in the relevant Local Plan must also be observed.
6.5 This proposal fails this requirement of this paragraph, in that the application site equates to approximately 0.34 acres and the existing site Nr 70 would be approximately 0.53 acres in area. The applicant comments in support of the application that permission for the existing six dwellings were on the basis that some of the plots did not meet the 1 acre requirement. This is correct, Plot 1A was 0.936 acres, Plot 2A 0.925 Acres, Plot 3A 1.00acres, Plots 4A 1.00acres, Plot 5A 0.80acres and Plot 6A 0.91acres.
6.6 The Planning Officer at the time accepted the size reduction commenting that: "Unlike previous planning application 05/00737/B the proposed residential development element of the planning application is contained entirely within the area zoned as low density housing in parkland. As such at a base level the development proposed by the planning application overcomes the main reason for refusal of previous planning application 05/00737/B. A consequence of achieving this is that some of the proposed plots are less than the 1 acre minimum that is specified by Planning Circular 8/89. As with many parts of the consideration process the provisions of Planning Circular 8/89 are another material consideration and it remains necessary to assign relevant weight to its application. In view of the findings of the previous planning applications, the zoning of the land in comparison to the legal agreement designation, the positive effect on the public footpath and the actual appearance of each plot in the wider landscape I am satisfied that the size of the plots are acceptable. In reality I believe that the properties will for all intents and purposes appear to read as low density housing in parkland when viewed from the surrounding area."
6.7 Cleary the Planning Officer acknowledged the slight reduction in the size of some of the plots from the required 1 acres, the smallest plot being 0.8 acres (Plot 5a) but the remaining being above 0.91 acres and two being 1 acre. However, this was accepted on the basis of other material planning matters which are listed above. In this current application there are no such reasons. Further the proposal would result in the existing site being split into 0.34 acres (application site) and 0.53 acre (Nr 70) sites approximately, which would both be well below the 1 acre requirement. Accordingly, it is not considered the proposal would comply with Planning Circular 8/89.
6.8 Consideration also needs to be given why the land was designated for that purposes under the Onchan Local Plan Order in 2000 and why it is important to retain it as such. This is explained within the Written Statement of the Local Plan in paragraphs 4.14 to 4.15. Essentially, Area 6 on the Onchan Local plan includes the six Plots (Nrs 62 to 70 Groudle Road) and the residential estate to the east (Groudle Glen View, Windermere Avenue & Ennerdale Avenue) where the aims of the Local Plan state: "The development of the site at the appropriate density with significant areas of open space can provide not only a number of dwellings for which there is limited opportunity elsewhere in the village, but can also provide a significant area for children's play and informal enjoyment (walks, seated areas, large areas of planting). This type of development can also achieve a significant softening of the currently stark edge to the built development at Lakeside."
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6.9 The Local Plan goes on to specially comment that;
"It should be noted however that there is an elongated piece of land (application site forms part of) which runs parallel with Groudle Road from a point around the entrance to the Golf Club to the road bridge over Groudle River which was previously zoned for Low Density Housing in Parkland. Whilst a layout of this nature has been approved under PA 97/0772, it is considered that development of any type on this piece of land would only be successful in sitting comfortably in the countryside if the roadside hedge which forms the eastern boundary of the site is retained and reinstated/refurbished where necessary and where new buildings are sufficiently low-rise so as not to be seen from Groudle Road."
6.10 It is clear the aim of developing the whole of Area 6, was to ensure development provide a; "significant softening of the currently stark edge to the built development at Lakeside" and the six plots designated for "Low Density Housing in Parkland" were designated to further achieve this aim. The fact the application site is within the one of the six low density housing plots and it is the last plot of the six which also boarders open space/woodland; only heightens the concern of the proposed development and would fail to respect the aims of the Local Plan, detrimental to the visual amenities of the site and area.
6.11 Consideration also needs to be had that while all applications are judged on their own merits; it would be difficult if this application was approved to resist further similar developments within the gardens of the existing neighbouring properties (Nrs 60 to 68) given there is potential space to fit additional dwellings within these sites as well. If this were to occur, the low density character would be replaced with a housing estate with large houses. This in turn would have an adverse visual impact upon the character and quality of the site and area. While it is accepted when travelling along the Groudle Road the existing dwellings are not significant prominent features, they are apparent and seen as large dwelling in their own grounds. This again is even more apparent when viewed from some more distance views Bibaloe Beg Road, Whitebridge Road and especially from Ennerdale Avenue, Windermere Avenue and Groudle View. Accordingly, it is considered the development would be contrary to GP2 of the IOMSP, O/RES/P/4 of the Onchan Local Plan and Planning Circular 8/89.
6.12 The site is not especially within a sustainable location either, requiring a good reliance of private vehicles, given the lack of public footpaths along this section of the Groudle Road, the Groudle Road being one way and approximately 1.6km from the centre of Onchan and the closed shops (20min walk each way). Accordingly this again only supports the direction of flow of the draft plan by de-designating the site and placing the properties outside the settlement boundaries. The proposal is consider being contrary to Strategic Policy 10 & Transport Policy 1 of the IOMSP.
7.0 CONCLUSION 7.1 Based on the information provided as part of this approval in principle application, it is judged that the principle of a single dwelling with garage on this site would be unacceptable and fail to comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, O/RES/P/4 of the Onchan Local Plan and Planning Circular 8/89.
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.
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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. __
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 : Refused Date : 05.06.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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