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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00761/A Applicant : Miss Elizabeth Kelly Proposal : Approval in Principle for construction of detached dwelling Site Address : Old Surgery Lewthwaites Way Port St Mary Isle Of Man IM9 5AB
Planning Officer: Graham Northern Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.09.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
C 2. Approval of the details of design, external appearance of the building[s], internal layout, means of access, 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 3. The detailed application (reserved matters) shall provide an integrated bird nest brick suitable for built into the northern elevation of the proposed new dwelling.
Reason: To ensure adequate mitigation and a neutral biodiversity impact.
C 4. The reserved matters shall include a scheme for the protection of the retained trees and hedges (a tree protection plan), and details of the appropriate working methods (an arboricultural method statement), all of which shall be prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction - Recommendations).
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Reason: To allow the proper consideration to be given to the impact of the proposed development on existing trees and hedges and to ensure that the development provides an acceptable visual and environmental impact.
This application has been recommended for approval for the following reason. 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 drawings received 04.07.2024:
Drawing 01 - Location Plan Drawing 02 - Site Plan __
Interested Person Status - Additional Persons
INTERESTED PERSON STATUS It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they 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):
Objects: Owner / Occupier Mevania, Lewthwaites Way, Port St Mary IM9 5AB __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of an existing residential property located on a modest corner plot on the northern side of Lewthwaites Way in Port St Mary. The old Surgery is an existing two storey semi-detached property that has a front elevation facing over the small cul-de-sac of Lewthwaites Way and another frontage facing other the main road of Bay View Road while its rear elevation faces over the garden area to the west
1.2 The existing (the old Surgery) property is a prominent feature on the corner and appears to be utilised as separate apartments.
2.0 THE PROPOSAL 2.1 The proposal seeks an in principle decision with siting being considered and all other matters reserved for future consideration in a reserved matters application.
2.2 A proposed site plan has been submitted which shows the siting of a dwelling, with the property having a gabled front elevation facing Lewthwaites Way comprising a principle elevation with path to this indicated.
2.3 The plan indicated utilising the existing access point to the western end of the site for access and parking. Two parking spaces are also indicated rear of the access and the property has garden to all sides with the largest area being to the west.
3.0 PLANNING HISTORY
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3.1 The site has been subject to a previous application for 5 dwellings however this included the old Surgery building and as such was for a larger site area. The application was refused reference 02/01765/A.
3.2 More recently permission was permitted at Mevania for Erection of detached dwelling with associated parking on land adjacent to existing house under application reference 17/00410/B.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as Mixed Use under the Area Plan for the South 2013 and just outside of the area designated as the proposed Port St Mary Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy considered specifically relevant to the assessment of this current planning application: 4.3 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: 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; 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." 4.4 In addition to this A.7.6 of Appendix 7 of the same strategic plan is also considered materially relevant where it indicates the need of 2 parking spaces for any new residential unit but also indicates that the standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. 4.4 Transport Policy 7: "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." 4.5 Appendix 7.1: "High levels of car ownership have led to an increase in the level of parking expected for residential development, and outside of town centre locations, these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling ... the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (d) the impact on the character and appearance of the surrounding area." 5.0 REPRESENTATION
5.1 Port St Mary Commissioners has no objections to this application (25/07/2024).
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5.2 DoI Highway Services 19.07.2024 - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking.
5.3 MUA Drainage 6.08.2024 - Required percolation testing info and drainage details
5.3.1 MUA Drainage 8.08.2024 - Thank you for your email and the sketch proposal for SW discharge. MU is satisfied with the proposal and has no additional comments.
5.4 Highways Drainage 31.07.2024 - No objections
5.5 Ecology 05.08.2024 - The Ecosystem Policy Team do not object to the principle of development in this area as the new property is to be located on an area of lawn, care seems to have been taken to place the property to allow for the retention of the existing trees and most of the surrounding hedges, and 2 trees are to be planted along the eastern boundary and the species list is appropriate. We do, however, question the appropriateness of the loss of this urban garden green space, especially as the Old Surgery will be left with no real garden area. We recommend that a professional arboricultural opinion is obtained regarding tree protection measures, and a tree and hedge protection plan is submitted with the detailed application. As there is to be a small amount of hedge removal, as well as the new trees, we recommend that mitigation is provided in the form of at least 1 integrated bird nest brick in the new property, high up on a northerly elevation, not above windows or doors. Swift bricks would be appropriate.
5.6 One letter of objection has been received raising the following concerns;
Construction traffic - damage to highway
Loss of Green Space
Loss of wildlife
Overlooking/ privacy impact
6.0 ASSESSMENT
6.1 The application proposes the erection of a new dwelling within the existing curtilage of a residential property located in the town centre of Port St Mary. The fundamental issues to considered in the assessment of the application is whether the proposal impacts the amenities of the neighbours, provides and retains suitable amenity for both the existing and proposed properties and whether or not the proposed development will impact the local highways.
PORT ST MARY 6.2 The existing site is located within an area of Port St Mary designated as 'mixed use' on the Area Plan for the South 2013. Port St Mary town centre comprises a number of restaurants and local shops with residential accommodation above, small garage units, furniture repair shops and laundrettes all of which are encircled and intertwined with two and three storey period terrace residential properties and sporadic smaller traditional Manx cottages of one and half or two storey design.
6.3 Lewthwaites Way sits to the south of the main road running directly through Port St Mary and behind the terraced properties which line Bay View Road. Lewthwaites Way is not a through road, it provides access to the residential properties of Mevania, Malew and the Old Surgery and terminates at a field gate which directly accesses the school fields of Scoill Phurt Le Moirrey.
SUITABILITY OF NEW DWELLING 6.4 The erection of a new residential unit in a 'mixed use' area is acceptable and development of which would not be out of the ordinary. The success of a proposal here would be based on its ability to demonstrate limited impacts on the appearance of the street scene,
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limited impacts neighbouring amenities and on highways and equally manage to display its own suitable level of amenity space.
6.5 The proposal is for a decision in principle with only siting being considered and as such matters such as Layout, design, means of access, landscaping, external appearance and drainage are not being considered and are to be considered at reserved matters stage.
6.6 The proposals show a dwelling set on the same building line as the Old Surgery with the frontage part facing a back road to the side of Mevania and Mevania itself. The separation would be similar but also marginally greater than that which exists between the Old Surgery and Elan House which face each other across Lewthwaites Way and as such would not be out of character in terms of siting or separation.
6.7 The Old Surgery is utilised as two apartments at ground and first floor and as such there is not a stringent requirement for amenity space especially given the town centre location and proximity to amenities. However the siting proposed would allow access and parking for the apartment as well as some level of amenity for bin and cycles to be retained.
6.8 The proposals provide a good level of garden/ amenity area for the new property with space to all sides and a more private area to the west which would likely be the main rear garden.
6.9 Whilst appearance, design and layout are reserved it appears from the siting proposed that in principle an acceptable level of amenity for all can be achieved, subject to the final details at reserved matters.
6.10 It is also noted that permission was granted under application reference 17/00410/B for a new dwelling next to the dwelling Mevania opposite the site however the siting proposed was in line with Mevania (frontage) and as such it is not considered that these proposals would result in any unacceptable impact on the future occupiers.
IMPACT ON HIGHWAYS 6.11 The Old Surgery is current served by off road parking which could accommodate 3- 4 spaces which the current proposal retains. The new dwelling equally proposes two off road parking space to match with the provisions of the neighbour.
6.12 The site also sits within the Town Centre within close proximity of local public transport route, the sustainable locality to restaurants, convenience shops and schools all of which allow for a reduction in the parking standards indicated in the Strategic Plan. Highway Services have also raised no objections.
6.13 At present visitors to the area can park on the road of Lewthwaites Way without time restrictions. The main road equally allows on road parking however this has park and display time restrictions. Within approx. 100m of the site is an existing public car park providing parking free for up to 18hours. It is not expected that the coming and goings of people visiting the site will adversely impact highway amenity or safety of Port St Mary.
OTHER MATTERS 6.14 Concerns have been made in representations regarding loss of green space the site is garden are to the existing apartments but is not public and not of any prominence in terms of the street scene as it is sited back of the OLD Surgery, in addition given the OLD Surgery is apartments and the Town Centre location there is limited need for the gardens retention.
6.15 The Ecology officer has made recommendations in terms of mitigation for the loss of the grassed area and the proposals will replant two trees. A condition will be imposed relating to tree protection as highlighted.
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7.0 CONCLUSION 7.1 The proposal creates a new dwelling within a town centre area of mixed use properties. The new dwelling is located within the existing curtilage of an existing building occupies by 2 apartments on Lewthwaites Way.
7.2 The proposal in terms of the siting put forward will have limited impacts on the adjacent neighbours in terms of privacy and amenity, also noted that no objections have been raised by surrounding residents. The application has included suitable provision of parking and considered to have limited highway impacts; the proposal meets a standard considered acceptable by the Highway Services. The application provides the new dwelling and the existing dwellings with their own individual private and personal amenity space, as well as parking.
7.3 Overall the proposal is considered by means of its siting to respect the site and the surrounding buildings, it is not considered to adversely affect its neighbours privacy or amenity or detriment the character of Port St Mary. The proposal provides suitable parking provision for each dwelling and is within reasonable distance of existing public transport routes to lessen demands on on-street parking. All properties will have suitable private amenity space.
7.4 The application is considered acceptable in principle and to meet with relevant parts of General Policy 2 and (d) of Appendix 7 of the IOM Strategic Plan 2016.
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 which 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 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
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decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 04.09.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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