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24/00561/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00561/B Applicant : Mr David & Mrs Wendy Davies Proposal : Erection of a two storey dwelling with associated groundworks, drainage and site access amendments Site Address : Balladoyne Main Road St Johns Isle Of Man IM4 3NA
Planning Officer: Paul Visigah Photo Taken : 18.07.2024 Site Visit : 18.07.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.07.2024 __
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 four years from the date of this decision notice.
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. The development hereby approved shall not be occupied or operated until the access, parking and turning areas have been provided in accordance with the approved plan (Drawing No. P11 Rev A). Such areas shall not be used for any purpose other than the parking associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
C 3. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping plan, has first been submitted to the Department in writing to be agreed.
The detailed landscape plan shall include a detailed landscaping layout, details of planting (no none non-native species), hard surfacing materials, site levels, and details of the landscape features (hedges and trees) marked to be retained on site.
Soft landscaping works shall include: planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants, noting
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species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping.
No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site.
The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department.
Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive environment.
C 4. The development hereby approved shall not be occupied/brought into use unless the bird and bat boxes, have been installed/constructed in accordance with details submitted.
The mitigation bird and bat boxes are to be erected on site as detailed in the approved Plan (Drawing No. P12 Rev B) received 19 May 2024.
The boxes/bricks shall be retained thereafter.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
C 5. No external lighting shall be installed or operated within the site other than in accordance with the scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and Il-P Guidance Note 8 Bats and Artificial Lighting (12 September 2018), which has been submitted to and approved in writing by the Department.
Reason: In the interest of visual amenity and to protect and enhance wildlife interests.
C 6. The development hereby approved shall be carried out strictly in accordance with the tree protection measures detailed in the Outline Tree Protection Plan (Drawing No.TP-080524). The protection measures detailed on this plan shall be fully installed, implemented and retained for the duration of the construction process, unless stated otherwise. Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
C 7. The replacement tree planting shown on Drawing No. Drawing No. P11 Rev A, shall be carried out in the first planting season following the removal of the existing trees. Any replacement trees which, within a period of five years from their planting die, are removed or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as soon as is reasonably practicable, or in the next planting season, with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: In order to protect and enhance the character and appearance and biodiversity of the area
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C 8. Prior to the installation of external finishes and materials, a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, shall be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 9. 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 development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports
Reason: To control future development on the site.
N. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The application accords with General Policy 2, Strategic Policies 1, 2, and 10, Housing Policies 4 and 6, Environment Policies 42, and Transport Policy 7 of the IOM Strategic Plan 2016, and the principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the application site, neighbouring properties, and the character of the area, and as there would be no adverse parking and highway safety impacts.
Plans/Drawings/Information;
This approval relates to the following plans and documents: o Drw. P12B - Location Plan and Proposed Plans and Elevations o Drw. 080524 - Tree Protection Plan o Drw. 110424 - Tree Constraints o Drw. P11 Rev A - Site Plans o Drw. TR-080524 - Tree Removal o Design Statement o Tree Data Sheet o Tree Photos __
Interested Person Status - Additional Persons
None __
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Officer’s Report
1.0 THE SITE 1.1 The application site sits within the residential curtilage of Balladoyne Farm house, St. John's, situated on the southern side of the A1 (Peel Road) just after the junction with Tynwald Close as you approach from Douglas. The property has a large field situated on the southern boundary, separated only by a post and wire fence which serves as the site boundary with the field.
1.2 The property like its neighbours on this side of Peel Road has a low Manx stone wall running along the entire site frontage, only opening up at the gated pedestrian and vehicular access which is situated along the site frontage. There is significant amounts of shrubbery and mature landscaping situated along the eastern boundary with a field access which runs along the entire eastern boundary.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Erection of a two storey dwelling with associated groundworks, drainage and site access amendments. The proposed dwelling would be positioned approximately 16.4m to the east of the existing farm buildings on the broader site area, and 4m from the existing traditional barn, and would be accessed via the existing access to the site which would be modified.
2.2 The dwelling would have a Manx traditional cottage form with gable end chimneys on both gable ends, and a central entrance flanked on either side by vertical styled windows. The first floor will have three windows positioned symmetrically over the door and windows on the ground floor. Four proportionally positioned windows would be installed on the west elevation (two on either floor), while two asymmetrical windows would be installed on the east elevation which faces 12 Balladoyne Estate, St Johns. The rear elevation is designed such that there are large areas of full height glazing to take advantage of solar gain and views towards the field to the south.
2.3 The dwelling would be finished in natural slate roof tiles (or imitation slate), with a painted render finish combined with timber or timber effect cladding feature panels on the rear (south elevation). The windows would be UPVC casement windows or sash effect casement windows to front and end elevations, while the windows to the rear would be double glazed Aluminium or UPVC framed casement units. The front door would be a painted timber composite door with double glazed panel, while the rear sliding doors would be Aluminium framed doors.
2.4 The new dwelling would accommodate a lounge, an open plan kitchen and dining, a hall with stairs, as well as a WC on the ground floor, while the upper floor would house three bedrooms (one with ensuite and dressing area, and a bathroom.
2.5 Other works proposed include: a. Alterations to the access to improve sight lines and access width to 5.5m (1.8m wider than the existing access which is 3.7m wide). The access would also be set back about 6.2m from the edge of the highway. b. Installation of solar panels on the roof (no details of energy output or product specification). c. Creating two new parking areas on site by altering existing low stone walled garden area. d. Creating an EV parking area net to the dwelling. e. Some trees would be removed to facilitate the development (6 category C trees and 1 category B tree), with 5 new trees planted as mitigation on site. f. Creating a new walled perimeter around new dwelling.
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2.6 The application is supported by a Design Statement which sets out the following: o Details of Site context including relationship with existing buildings within broader site area, topography, boundary features, nature of existing accesses, and site drainage. o Planning Context for the site and area. o Design details for new dwelling. o A Design analysis of dwellings in the immediate vicinity represented in photographs. o Correspondence with the DEFA Ecosystem Policy Team which indicates support for the proposed tree removal and mitigation planting, and request for a detailed tree protection plan which has been provided with the application. o Details of Pre-app correspondence.
3.0 PLANNING POLICY 3.1 Site Specific: The application site is within an area recognised as "Predominantly Residential" identified on the St Johns Local Plan 1999 and part of the site (northern section) is within the St John's Proposed Conservation Area. The site is not within a Flood Risk Area as indicated on the Indicative Flood Maps, or within a Registered Tree Area, and there no registered trees on site.
3.2 Local: St. John's Local Plan 3.2.1 The St. John's Local Plan Written Statement contains the following relevant policies:
a. Policy OS/P/2 states; "No new development shall be permitted which would adversely affect the southerly open countryside views from Peel Road."
3.3 National: Strategic Plan 3.3.1 The following Strategic Plan policies are also relevant: a. General Policy 2 - General Development Considerations. b. Environment Policy 42 - new development should be designed to take into account the character and identity of the area. c. Housing Policy 1 - Refers to housing needs which includes enabling 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. d. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Refers to exceptional circumstances where new housing will be permitted in the countryside. e. Strategic Policy 1 - Efficient use of land and resources. f. Strategic Policy 2 - Priority for new development to identified towns and villages. g. Strategic Policy 3 - Development to respect the character of our towns and villages. h. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. i. Strategic Policy 5 - Design and visual impact. j. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. k. Spatial Policy 3 - identifies service villages which includes St Johns, especially as it relates to the provision of housing development. l. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. m. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. n. Transport Policy 7 - Parking considerations/standards for development. o. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation.
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4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 None of the recent planning history of the site is considered relevant in the assessment and determination of the current application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways Division confirms that they find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as there is enough parking on-site for the proposed and existing dwellings, and the vehicular access will be modified. They request conditions on vehicular access, parking, visibility splays, vehicular turning and hardstanding, boundary wall treatment, and first 5m of access to be of consolidated/bound material, as per approved plans completed before first occupation of the new dwelling, should be attached to permission. (24 May 2024/19 June 2024).
6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They advise the applicant to be aware off and demonstrate compliance with the stated clauses (30 May 2024).
6.3 The DEFA Ecosystem Policy Team have made the following comments on the application (25 June 2024): o They confirm that they are content with the proposed landscaping, including hedge and tree planting as they believe this provides adequate mitigation for the tree removal. They request that this landscaping should be secured via condition on approval. o The note that the photos also do not show any obvious roosting locations for bats in the trees, though there could be opportunities in the larger sycamore or ash which are not showing on the photos, but do not believe that further assessment is required. o They request that the built in bird and bat boxes, shown on the Proposed Elevation Drawings (Drawing no. P12 Rev B), are secured via a condition. o They recommend that the bird box is located high up on the north elevation and the bat box is located high up on the south or east elevation.
6.4 The German Parish Commissioners have no objection to the application (28 June 2024).
6.5 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The key considerations in the assessment of this planning application are: a. Principle of developing the site for the proposed use; b. The potential visual impact on the site, street scene and townscape; c. Impacts on Parking and Highway Safety; d. The potential impact on neighbouring properties; and e. Ecological Impacts/Impact on trees.
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7.2 Principle of Development (STP 1, SP2, HP4, & HP 6) 7.2.1 In assessing the principle of the proposed development, it is considered that the site is zoned for residential use which implies that the use of the site for residential purposes would be compatible with adjoining uses and conform to the general use of the area.
7.2.2 The site is also within the settlement boundary and adjacent to and surrounded by existing residential dwellings; conditions which would ensure that residential development here broadly aligns with Strategic Policy 1 and Housing Policy 4.
7.2.3 In addition, the Isle of Man Strategic Plan 2016 seeks to locate new housing and employment close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal given that it sits along a major public transport corridor. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island. Therefore, in terms of the acceptability of the use of the site for residential development it is concluded that the proposal basically accords with the Strategic objective of the Strategic Plan, as detailed in Paragraphs 3.2 (c & f).
7.2.4 Based on the foregoing, it is considered that as the application aligns with the zoning of the area within the Local Plan, and the development of the site for residential purposes would be acceptable in principle. It is, however, worth noting that the factors highlighted above do not in any way denote automatic approval for residential use of the site, given that the development of the site would have to be appropriate for the existing site character, character of locality and not result in adverse impacts on other attributes of the site, such as biodiversity, access and highway issues, and/or neighbouring amenity. Therefore, it still remains necessary to assess the proposed development against other relevant planning policies and the physical constraints of the application site.
7.3 Visual Impact (GP2, EP42, STP 3, STP 5, and RDG 2021) 7.3.1 In terms of the size (footprint) of the dwelling and relationship with the spaces between the buildings which serve to define the character of the area, it is considered that the proposal respects the site character in this regard, as it would ensure the proposal fits with the site area, without resulting in adverse visual impacts.
7.3.2 With regard to the potential impact on the area and street scene, it is noted that the street scene is characterised mainly by traditional styled dwellings, such that the design of the new dwelling would ensure it fits with the character of the immediate street scene. It is also noted that the orientation aligns with the dominant set up within the street scene, where most of the properties are front facing.
7.3.3 The mass and height of the new dwelling will also be in keeping with the character of the area. Whilst the building would still stand out and be particularly noticeable, being situated about 17m from the edge of the highway and at a point where no obstructions exist, the design is reflective of the dominant design style and appearance when compared to the existing dwellings in the area which are considerably older.
7.3.4 It is perhaps worth considering that the design of dwelling in terms of rear fenestrations is more modern than the existing dwellings within the area, albeit with the predominantly traditional situated at positions where the dwelling would not be judged to be at variance with the character of the area. Accordingly, the overall design, siting, layout, size, landscaping and finishes of the dwelling would all be acceptable and would create a pleasant housing development, without having significant adverse visual impacts to the amenities of the street scene, site or area.
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7.4 Impact on Highway (GP 2 h&i, TP 7, & CP 10) 7.4.1 In terms of impacts on highway safety, it is considered that the existing access is narrow and likely to make manoeuvring into and out of the driveway difficult especially for larger modern day vehicles, and the visibility in its current form is somewhat limited. Notwithstanding, the widening to about 5.5m and the additional works to reposition the pillars and boundary wall is likely to improve access and manoeuvrability into and out of the access, as these will enable the creation of significantly improved visibility splays on both sides of the site access; conditions that are seen to result in significant improvement over the existing access.
7.4.2 With regard to off road parking, the dwelling would have at least 3 spaces provided within the site, with space available to enable the creation of another parking space if required, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site sits along a public transport corridor along the A1 which increases the public transport options available to future occupants. Moreover, there is provision for EV charging which would ensure that the scheme aligns with GP2 (n), the wider Government strategies, and the Climate Change Act which seek to reduce carbon emissions
7.4.3 Besides, DOI Highways considers that the proposal is acceptable, ass it does not oppose the proposal, subject to the inclusion of conditions to address certain highway elements of the proposal. It is also vital to note that the new access would facilitate access and egress for fire vehicles if required thus complying with the requirements of Community Policy 10. Based on the foregoing, it is considered that the development would not result in adverse highway safety impacts and would meet the requirements of General Policy 2 (h & i), and Community Policy 10.
7.5 The Potential Impact on Neighbouring Properties (GP 2 & RDG 2021) 7.5.1 With regard to the potential impact upon neighbouring properties, it is considered that the scheme would not result in adverse impacts on neighbouring residential amenity. This is hinged on the fact that the proposed building's height and position relative to the existing neighbouring dwellings is such that overlooking concerns, overbearing impacts and overshadowing, would be significantly diminished. It should be noted that the position of the large full height fenestrations at the rear would mean that views would be towards the field to the rear. Likewise, the first floor window to the east elevation would not raise privacy concerns due to the mature vegetation of this side of the site and boundary, and the position of fenestrations on the neighbouring dwelling at No. 12 Balladoyne Estate, St Johns.
7.7 Impacts on Biodiversity (GP2, EP4 & EP5) 7.7.1 In terms of impacts on ecology or biodiversity within the site, it is also important to establish that if any real harm would result with respect to ecological and environmental concerns, it would only relate to the removal of some vegetation to enable the erection of the new dwelling. In this case, it is considered that the scale of vegetation removal to facilitate the erection of the dwelling, in addition to the fact that the existing vegetation on site is managed (with minimal potential to serve as established habitat for biodiversity), would ensure that any impacts on biodiversity within the site will be negligible, and overridden by the retention of the large sections of the site area as a garden.
7.7.2 Further to the above, DEFA Biodiversity have written in to indicate that they are content with the proposed landscaping, including hedge and tree planting as they believe this provides adequate mitigation for the tree removal, although they request that this landscaping, as well as mitigation for birds and bats should be secured via conditions on approval. As such, relevant conditions would be included to ensure that the scheme gives due consideration of the issues raised by the Ecosystem Policy Team.
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7.7.3 In terms of tree impacts, General Policy 2 (f) requires that developments incorporate landscape features, particularly trees and sod banks. In the case of the current application, whilst it is noted that the proposed dwelling would result in the removal of six trees, the applicants have provided mitigation for trees removal which has been considered acceptable by DEFA Forestry in their correspondence with the applicant dated 29 April 2024, save for the request that the applicants provide a detailed tree protection plan. As the detailed tree protection plan can be made an integral element of the proposal via a condition, it is considered the tree elements of the proposal would be acceptable. As such, it is considered that the development complies with GP 2 (f) with regard to impact on trees.
8.0 CONCLUSION 8.1 Overall, it is considered that the design, highway impacts and visual impacts are acceptable, and the proposal would not result in harm to public or private amenity. The application is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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
9.3 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 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: 02.08.2024
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
Customer note
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