DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00562/A Applicant: Mrs Karen Moore Proposal: Approval in Principle for the erection of a detached dwelling with driveway and access, addressing the means of access Site Address: 24 Birch Hill Grove Onchan Isle Of Man IM3 4EN Planning Officer: Graham Northern Recommended Decision: Permitted Date of Recommendation: 10.07.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. Application for approval of all of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

• C 2. Approval of the details of siting, design, external appearance, internal, layout of buildings, site layout, drainage, landscaping, (hereinafter called "the reserved matters") shall be obtained in writing from the Department prior to the commencement of the development hereby approved and the development shall only be carried out in accordance with the details as approved.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.

• C 3. The reserved matters shall be for a single storey dwelling (bungalow). Reason: in the interests of local amenity and the streetscene.
• C 4. There shall be no obstruction to visibility greater than 1.05 metres above adjoining road level forward of a line drawn 2 metres back from the nearside carriageway edge at the centre line of the access and extending 20 metres in either direction. Such visibility shall be fully

provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.

Reason: In the interests of highway safety.

• C 5. The access/driveway shall be formed of a bound and consolidated material and shall not exceed a gradient of 1:14 for the first 5m. Reason: In the interests of highway safety.
• C 6. The detailed application (reserved matters) shall retain the hedgerow to the side boundary with No 26 Birch Hill Grove, include details of new planting as mitigation for the loss of the frontage hedgerow and provide an integrated nest box suitable for house sparrows or starlings is built into the northern elevation of the proposed new dwelling. Reason: To ensure adequate mitigation and a neutral biodiversity impact.

This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Transport Policies 1, 4, 6 and 7 of the IOM Strategic Plan. Therefore, it is recommended for an approval.

Plans/Drawings/Information;

This approval relates to the following drawings: Drawing No. 24 1828 01 Site Location and Site Plan received 23.05.24

• Drawing No. 24 1828 03 Proposal received 23.05.24
• Drawing No. 24 1828 04 Visibility Splays received 23.05.24 _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties 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):

26 Birch Hill Grove, Onchan, IM3 4EN _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application forms part of the garden of 24 Birch Hill Grove, Onchan which is located to the north of Hillberry Road, within a residential housing area. - 1.2 No 24 forms one of five dwellings which are sited around an end cul de sac on Birch Hill Grove, No 24 is located to the eastern side. The site itself makes a logical infill plot between No 24 and No 26, with the street numbering also appearing to leave No 25 for this plot. - 1.3 The other properties in near vicinity Nos 20 - 23 are all bungalows with steeply pitched roofs giving them a top heavy appearance, with roofs used for additional accommodation. Grey render is prevalent in these properties. No 24 is of more subtle proportions and is of white render rather than grey with a shallower pitched roof. No 26 then is again a steeply pitched roofed grey property in an L shape. Chimneys are also a prevalent feature.

1.4 The site has a well maintained hedgerow running to its front and forming the boundary to No 26 with a fence beneath. The other properties are open at the front with lawned front gardens.

2.0 PROPOSAL - 2.1 The application seeks approval in principle for the erection of a detached dwelling. All matters other than access so (siting, design, 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 footprint of the dwelling on the plot. Detailed drawing show visibility and the access and parking area for the new dwelling. - 2.3 Access would be taken from the south-western corner of the plot with dropped kerbs formed and access along a driveway capable of accommodating two car parking spaces, along with a covered area for bicycle storage. Existing screening is intended to be maintained between the plot and No 26 Birch Hill Grove. The fir tree hedge and timber fence to the frontage would be removed for the creation of the access.

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:- - 3.3 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;
• (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."

3.4 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." - 3.5 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."
• 3.6 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."
• 3.7 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."
• 3.8 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 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."
• 3.9 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."
• 3.10 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 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.

Other Material Considerations

3.11 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 None of relevance

5.0 REPRESENTATIONS - 5.1 Onchan Commissions (19.06.2024) Support. - 5.2 Highway Services do not object to the application (18.06.2024) subject to all access arrangements to accord to approved drawing No. 24 1828 03. Visibility splays should remain

• free from obstruction for the lifetime of the development, the driveway proposed should be formed of a bound and consolidated material and should not exceed a gradient of 1:14 for the first 5m.
• 5.3 Ecology (13.06.2024) No objections subject to adequate mitigation in detailed application in relation to planting and nest boxes.
• 5.4 One letter of objection has been received (09.06.2024), however the main concerns raised relate to matters of detail not being considered in this application such as siting of the dwelling and overlooking - these matters will be subject to more detailed planning when the scale, layout of the dwelling would be submitted.

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 and the suitability of access. Other matters would be considered at any future Reserved Matters application stage. PRINCIPLE OF RESIDENTIAL DEVELOPMENT - 6.2 The site is designed as predominantly residential. Therefore, a detached dwelling complies with the land use designation and the use, in principle, would not prejudice the use of the existing dwellings near the plot. The site is large enough to accommodate a plot and appears a plot is missing when looking at the street scene, this is also reflected din the street numbering with numbers going from 24 to 26 and missing 25. - 6.3 The principle of a new dwelling on the site is therefore considered acceptable in principle subject to consideration of other matters considered below which in this case relate mainly to the consideration of highway safety and access. Highway Safety and Access - 6.4 Access into the site would be from the south-western corner of the plot forming a driveway in which the submitted plan demonstrates two parking spaces are achievable. Visibility drawings are also submitted to show adequate visibility at the point of access. - 6.5 Birch Hill Grove is within a 20mph residential area, located at the cul-de-sac end of street. The proposal includes the creation of a new access to serve the site. The access is provided with visibility splays from a 2.4m setback. Towards the cul-de-sac end, visibility of 28m is provided to the centre of the turning head. If drawn to the nearside kerb line of the street within the land owned by the applicant, visibility to approx. 25m can be achieved, meeting the Manual for Manx Roads requirement for a 20mph street. - 6.6 Highways have raised no objections and consider the access of acceptable design. They ask that visibility be retained (condition) and that the access does not exceed 1:14 for the first

5m (Condition) both of which shall be imposed as conditions.

6.7 The proposals as such are considered acceptable from an access and highway safety perspective. Other Matters - 6.8 DEFA Ecology have made comments in relation to the loss of the front hedgerow for the access and visibility however consider that suitable mitigation from a planting scheme at reserved matters and nest box on the northern elevation would mitigate impact. - 6.9 The application also intends to retain the hedgerow to the neighbouring property No 26.

- 7.0 CONCLUSION

7.1 The proposal is considered to comply with General Policy 2, Transport Policies 1, 4, 6 and 7 of the Strategic Plan. Therefore, it is recommended for an approval. - 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 determining Officer must consider:

• 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 Acting 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 : 18.07.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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