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24/00718/A Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/00718/A Applicant : Lorenzo And Rosemary Fappiano Proposal : Approval in Principle for erection of detached dwelling house. Site Address : Joe Gawnes Athol Lane Port St Mary Isle Of Man
Planning Officer: Hamish Laird Photo Taken : 31.07.2024 Site Visit : 31.07.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.08.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, parking previous, turning areas, surface water/foul drainage, 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) Order 2019.
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. Any detailed application submitted at the Reserved Matters stage, shall be accompanied by mitigation in the form of bat and bird bricks. For bats, an integrated bat brick should be installed; and, for birds an integrated bird brick suitable for swifts and a house martin nest bowl should be installed. Both bird and bat boxes should be located high up on the north east or north-west elevation of any dwelling away from opening windows. The swift box should not be located above the flat roof.
Reason: To mitigate against the loss of potential bat roost, and bird nesting sites within the existing structures on site, and to enhance the Biodiversity offering of the development.
C 4. Any detailed application for a new dwelling submitted at the Reserved Matters stage, shall be accompanied by a scheme of acoustic treatment to be applied to any new dwelling or rooms containing living accommodation as part of the development. Such details as approved shall be
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implemented prior to the first occupation of the dwelling and shall thereafter be retained and maintained for the lifetime of the development.
Reason: To mitigate against potential noise disturbance to occupants of the dwelling from lawfully established adjoining workshop uses.
N 1. 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. In conclusion, it is considered the principle of a single residential dwelling is appropriate and therefore for the reason outlined within this report it is considered the proposal is acceptable complying with the Area Plan for the South 2013; The Residential Design Guide 2021; and, General Policy 2 of the IOM Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following:
o Site Location Plan, o Proposed Site Layout Plan, o Proposed Floor Plans, o Proposed Elevations, o Proposed Roof Style Plan, o Site Levels Plan - A4, o Visibility and Access Plan, o Photographs, and o Utility and Details Plan,
all date stamped and received on 21st June, 2024.
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Interested Person Status
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they meet the requirement of being located within 20.0m of the site boundary; and, are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 4.2:
Metalco Engineering Ltd, Metals House, Athol Street, Port St Mary, Isle of Man, IM9 5DS; and, 49 Newsham Drive, Liverpool, L6 7UQ
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). __
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Officer’s Report
THIS APPLICAITON IS BEFORE THE COMMITTEE AS THE USE COULD BE SEEN AS BEING CONTRARY TO THE DEVELOPMENT PLAN AND APPROVAL IS BEING RECOMMENDED
1.0 THE SITE 1.1 The site comprises a derelict area of land containing an open-sided garage in the SE corner and a former stone built, roofless structure with walls remaining up to 2-storey eaves height, with windows and an access aperture at ground floor level and a window opening at first floor level in the SE facing elevation. It is grassed and has been used for informal storage of vehicle parts, building materials and a boat. It is adjoined by a Metalco's Engineering workshop to the northeast with the boundary marked by an approx. 2.0m high, traditional Manx stone wall. Similar walls mark the sites boundary with the vehicular access to Metalco to the north-west, and to the roadside boundary onto The Paddocks to the south-east. The site is served by an existing vehicular access from The Paddocks.
1.2 A Garage/workshop building is site immediately to the south-east and adjoins the former large stone built structure on the site. To the south west on the opposite side of the Paddocks is a car parking area ostensibly serving dwellings at 1-8 The Paddocks. The site lies within the settlement boundary for Port St Mary in a 'Mixed Use area as shown on inset Map 7 "Port Erin/Port St Mary/Ballafesson" in the Area Plan for the South (2012).
2.0 THE PROPOSAL 2.1 The application seeks 'Approval in Principle' for erection of detached dwelling house at Joe Gawnes, Athol Lane, Port St Mary. It is accompanied by completed application forms; a Site Location Plan; Proposed Site Plan; Site Levels Plan; Floor Plans and Elevations; Roofing Style Plan indicating the potential use of a standing seam metal roof; photographs of the existing derelict structures on the site and of its surroundings; Utility detail and Plans; a Visibility and Access Plan.
3.0 PLANNING POLICY 3.1 As advised above, the site lies within the settlement boundary for Port St Mary in a 'Mixed Use' area as shown on inset Map 7 "Port Erin/Port St Mary/Ballafesson" in the Area Plan for the South (2012). The site is not located within any Conservation Area, and there are no Registered Buildings or Registered Trees on or around the site.
3.2 In the Isle of Man Strategic Plan 2016, the following policies are of relevance: General Policy 2 as follows:
"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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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; 33
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(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. "
3.3 Environment Policy 4: 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;
3.4 Environment Policy 5: In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:
(a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.
3.5 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
3.6 Environment Policy 24 (second Policy ENV 24 in the IomSP): "Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity."
3.7 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment.
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3.8 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Environment Policy Community Policies 7, 10 and 11, Transport Policies 4 and 7
3.9 The advice contained in the following sections in the Isle of Man Residential Design Guide - Adopted July, 20321, are also of relevance. Namely:
Section 2.0 - Sustainable Construction 2.2 Construction Materials 2.3 Building Design 2.4 Climate Change Resilience 2.5 Contributing to the Local Environment 2.6 Pleasant, Healthy, Safe, and Inclusive Spaces
Section 3.0 New Homes 3.1 Local Distinctiveness 3.2 Dwelling Types, Tenures and Uses 3.3 Transport Issues 3.4 Private and Public Space
Elements in other Sections of relevance are: 6.2 Trees 7.3 Loss of Light/Overshadowing 7.4 Overbearing Impact upon Outlook 7.5 Overlooking Resulting in a Loss of Privacy
4.0 RELEVANT SITE HISTORY 4.1 There is no recorded planning site history for the site.
5.0 CONSULTATIONS 5.1 DoI Highways (28/6/24) comments: "24/00718/A - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site can provide parking and access suitable for the proposals. Please note the garage on the plans is not large enough to store vehicles, but there is a parking area in front to sufficiently park vehicles adequately. Reserved matters should include the vehicle access details (taking into account the parking on Paddocks Lane in front of the site), parking layout and bin store area."
5.2 Port St Mary Commissioners (4/7/24) has 'no objections'.
5.3 DoI Highways Drainage (9/7/24) comments: "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.
Recommendation: Applicant should be aware off and demonstrate compliance with the clause above."
5.4 Manx Utilities Authority (MUA) - (19/7/24): "FYI - MU have written to the applicant to advise the below. Further to the above application, Manx Utilities Authority has assessed the above planning application and would like to advise you that the Authority will need to further investigate the drainage in the location. In order for MU to support the planning application we need to confirm that the surface water and foul can be adequately discharged adequately."
5.5 Ecosystems Policy Team (11/7/24):
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"The Ecosystem Policy Team have no objection to the use of this site for a detached dwelling. However, the photos provided with the application show that an old stone building is to be demolished to facilitate the new dwelling. This building is likely home to nesting birds and could have roosting bats.
The building does not look suitable for a maternity colony of bats, but could potential be providing roost space for bats outside of the breeding season in crevices within the stonework. For example hibernating or transitory bats.
As a precautionary measure we therefore recommend that works proceed on the assumption that both bats and birds are present and so demolition should ideally take place in September or October in order to avoid both hibernating bats and nesting birds.
Whenever the demolition is planned for, thorough checks for nesting birds and roosting bats must take place prior to demolition, which may require the use of a torch and endoscope.
As this application will result in the loss of potential roosting and nesting locations, we recommend that a condition is secured for the detailed application to be accompanied by mitigation in the form of bat and bird bricks. For bats we recommended that an integrated bat brick is installed and for birds we recommended that an integrated bird brick suitable for swifts and a house martin nest bowl is installed. Both bird and bat boxes should be located high up on the north east or north-west elevation. The swift box should not be located above the flat roof."
5.6 Environmental Health comments - consulted by email on (7/8/24) - copy on file - No comments had been received by the Report drafting stage on 28/8/24.
REPRESENTATIONS 5.7 Metals House (30/7/24) comments:
"We write to comment on the above application as the Owner of the workshop adjoining the site.
Metalco is a steel fabrication business with numerous noisy operations being carried out in the main workshop throughout the week. The company has been operating from the premises, carrying out similar operations for in excess of 50 years. We have not previously received any noise complaints, however, there are currently no residential properties located as close to the main workshop as the proposed dwellinghouse. The Metalco building is thought to be well in excess of 150 years old with solid stone external walls and a single skin fibre cement roof. We wish to place the above on record at this stage that we have concerns that, should planning be granted for the development, we may be the subject of noise complaints from any future occupants of the proposed dwelling."
5.7 49 Newsham Drive, Liverpool, L6 7UQ - (30/7/24) comments: "The proposed dwelling is between Metalco workshop, Metalco yard and my workshop (the MachineShop, which is incorrectly shown on the MannGIS, Metalco is Metals House). My workshop has always been industrial with a small amount of office space. The walls are of solid stone construction. Currently the workshop is in the final stages of being split into 6 separate industrial spaces. Originally my property was a joinery workshop and still lends itself to this type of business. If a house is built in this location, it will be impacted by noise more than any other home in this area, as it will be surrounded on three sides by industrial activity by up to 7 different businesses.
While I commend the search for cost effective housing, placing a home in the middle of industrial buildings doesn’t make sense to me. Even though any industrial activity would have
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to be compliant with legal noise restrictions I have concerns that this house would be an unpleasant place to live and I would also be concerned about noise complaints from the occupants of this proposed house.
Additionally, in the planning application it states that the existing building is a cottage, implying it has previously been residential, from the construction and location I think this building was more likely industrial, a blacksmiths forge for example. The proposed roof is also said to be of the same type as my building but it’s not, it is similar only. I find the language used to be misleading. Relationship to site: Immediately adjacent to the site"
6.0 ASSESSMENT Principle of development
6.1 The fundamental issue to consider with this application as it is an Approval in Principle is whether the principle of a dwelling on the site is acceptable.
6.2 When looking at the land designation on the Area Plan for the South 2013, the site is designated as a 'Mixed Use' area, although it is noted from section 3 of this report that no applications have been approved for residential dwellings in the locality whether full applications or Approval in Principle's. However, a residential use falls within the Mixed Use category, and it is noted that the site lies opposite residential properties to the south-west at 1- 8 The Paddocks. As such, it is concluded that the basic principle of a residential dwelling on this site is acceptable.
6.3 As for site specific impacts and acceptability the application site is clearly of a size that is capable of accommodating a dwelling without causing undue harm on public or private amenity. This is indicated by the inclusion of an indicative sketch drawing showing the site being occupied by a detached, 2-storey dwelling, housed under a mono-pitch roof with a standing seam metal roof similar to that over the adjoining workshop unit located to the south- west. The applicant's intention is that any dwelling on the site would reflect the style design of this neighbouring unit, although its elevations would be detailed to reflect its domestic residential use. The site has an existing vehicular access, and DoI Highways have raised no objections. The comments received from DoI Highways Drainage are noted. There are no known problems with providing appropriate drainage.
6.4 In respect of the impacts of the proposal on the residential amenities of nearby neighbours, it is considered that there is unlikely to be any loss of privacy/ overlooking or loss of outlook arising from the proposed development. The nearest dwellings at 1-8 The Paddocks represent a terraced form of development set behind a car parking area on the opposite side of the road to the south-west. No representations have been received from any of the occupants of these neighbouring dwellings.
6.5 The comments received from the neighbouring workshop comprising The Metalco building, which is thought to be well in excess of 150 years old with solid stone external walls and a single skin fibre cement roof, are noted. The premises are occupied and run by Metalco who advise that whilst the walls are very thick, the roof is thin and that metal forming and heavy engineering works have been conducted from the premises for at least 50 years. They would not wish to see that their lawful business activities carried out on site in the workshop building become a source of noise or other nuisance to the occupants of any new dwelling.
6.6 DEFA Environmental Health has been consulted, however, no comments had been received by the Report Drafting stage. In the absence of any comments, and given the comments made by Metalco, it is considered that a condition should be added to any permission that may be granted which requires a scheme for sound-proofing should be incorporated into any design submitted at the Reserved Matters stage.
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6.7 With regard to the comments from the Ecosystems Policy Officer appropriate conditions should attached.
7.0 CONCLUSION 7.1 In conclusion it is considered the principle of a single residential dwelling is appropriate subject to conditions including siting, design, external appearance access and landscaping; that at any new dwelling should be designed to respect the adjoining engineering works at Metalco and other workshops in the vicinity of the site; and, that suitable Biodiversity mitigation measures are put in place. Therefore for the reasons outlined within this report it is considered the proposal is acceptable complying with the advice in Area Plan for the South 2013; The Residential Design Guide 2021; and, the provisions of General Policy 2 of the IOM Strategic Plan 2016. The application is recommend for an approval.
8.0 INTERESTED PERSON STATUS
8.1 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.
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 above 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : ...Permitted... Committee Meeting Date:...16.09.2024
Signed :...H LAIRD... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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Signatory to delete as appropriate YES/NO See below
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