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24/90975/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90975/B Applicant : Crowe Developments Limited Proposal : Installation of road layout and surface water drainage system and approval in principle for layout of three building plots Site Address : Part Field 214287 The Threshold Jurby Isle Of Man
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.09.2024 __
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 siting, design, foul/surface water drainage, external appearance of the building[s], internal layout, landscaping of the site, cycle parking at a rate of one space per bedroom (hereinafter called "the reserved matters") all for each plot/dwelling 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 visibility splay at the new access (serving three new dwellings within the site) onto the new estate road identified on drawing Nr SM24/616/1 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 4. Any Reserved Matters application should include a method statement detailing how any lizards would be protected during the works to ensure the lizards are not damaged, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.
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Reason: To provide adequate safeguards for the ecological species existing on the site.
This application has been recommended for approval for the following reason. It is considered at this stage; again the proposal would have no significant impacts upon private or public amenities and comply with the relevant planning policies of the IOM Strategic Plan and the IOM Development Order 1982.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 14.08.2024. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection/not assessed as no comments received Manx Utilities - No Objection subject to Condition __
Officer’s Report
1.0 SITE 1.1 The application site comprises part of Field 214287 to the northeast of The Threshold Estate within Jurby. The site is a field, with no built development. Access to the site is via a private road, which serves two recently constructed two storey properties to the east of the site, and this road runs from The Threshold for approximately 20m+ in a north-easterly direction to the eastern boundary of the site.
1.2 To the southwest of the site is the existing property Nr 17 and two recently approved dwellings which would sited between the south western boundary of the site and the Threshold Estate Road.
1.3 The Threshold, Jurby, is characterised by a mixture of detached and semi-detached 2 storey dwelling houses, which predominantly have hipped roofs with parking and grassed areas to the front and fenced off gardens to the rear. This estate sits just northwest of Snaefell View, Jurby, which is directly adjoins the A14.
2.0 PLANNING POLICIES 2.1 The application site is within an area of 'Predominantly Residential' and 'Proposed Residential' under the Isle of Man Development Order 1982. The site is not within a Conservation Area. The site is also not prone to flood risks, although the surrounding area and most of the properties within 'The Threshold', sit within a high flood risk zone from surface water only.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
2.3 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;
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(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."
2.4 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
2.5 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."
2.6 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
2.7 DEFA's Residential Design Guide 2021 "4.2.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme." 2.8 The Draft Area Plan for the North and West proposes the site as "Predominately Residential" use. This plan which has recently been before a Public Inquiry and the finding of the Independent Inspector on the plan is due in the next few months. Accordingly, the plan has no material planning weight at this stage.
3.0 PLANNING HISTORY 3.1 The previous planning application is considered relevant in the assessment and determination of this application;
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3.2 Approval in principle for the construction of five dwellings addressing means of access - 18/00763/A - APPROVED.
3.3 Variation of conditions 1 & 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years - 21/00408/B - APPROVED
3.4 Following the above planning application the following applications have been approved;
3.5 Erection of a detached dwelling with integral garage - Plot 2, Land Adjacent To The Threshold, Jurby - 23/00476/B - APPROVED
3.6 Erection of detached dwelling with integral garage - Plot 2, Land Adjacent To The Threshold, Jurby - 23/00475/B - APPROVED
4.0 PROPOSAL 4.1 The application seeks approval for the Installation of road layout and surface water drainage system and approval in principle for layout of three building plots.
4.2 The submitted drawings shows how three plots could be laid out within the site with a central road running along the southern boundary of the site joining into the private road to the east of the site, which subsequently joins onto The Threshold. A Geocellular soakaway system is proposed to the southern boundary of the site which would utilised to collect surface water from the new estate road serving the three dwellings.
5.0 REPRESENTATIONS 5.1 Highway Services make the following comments (11.09.2024): "The application includes the creation of a new road off the existing highway known as The Threshold. The land marked by both the red and blue boundary lines is subject to various relevant planning permissions/applications. The plots 3, 4 and 5 are seeking approval in principle within this application and at the time of writing, plots 1 and 2 have extant planning approval (23/00475/B and 23/00476/B) for the erection of the dwellings. Plots 1 and 2 are served from vehicular accesses off the existing highway and will not be accessed from the proposed road extension. The new road created will serve the proposed three plots as well as the two existing plots to the east of the outlined land. As proposed, the road is of adoptable standard for a development of this scale. The developer may submit the road for adoption through a Section 4 Highway Agreement post planning consent. It should be noted however that if future development to the west of the plots is sought, improvements to the road layout to conform with standards for the new scale of development may be required. The connection to the existing highway is along the outside of a bend, providing suitable visibility down the road and of adjacent accesses. Visibility is shown over third-party land to the right on exit of the new road. It is not clear if this land is under private individual ownership or as part of the communal green spaces, however it is expected that visibility will remain achievable over this area. The Threshold is a low speed, low volume traffic environment and the connection to the exiting highway is acceptable. The new road is 4.8m wide and provided with a 2m wide footway. A turning head is provided within the road layout to ensure large vehicle turning no vehicle is reversing into the Threshold. This proposal meets the minimum design requirements for a street of this nature. The internal footway has provision of a dropped crossing with tactile paving to guide users to the individual plots. The Threshold is not served by a footway and as such there is no pedestrian footway tie in from the proposed road. The application is supported by the standard construction details which will be subject to review at the Section 109(A) Highway Agreement stage.
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Bicycle parking at a rate of one space per bedroom for each plot, in a secure and covered location; and - Parking and access arrangements to comply with those given in Manual for Manx Roads. The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawing No. SM24/616/1. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent. Recommendation: DNOC"
5.2 Ecosystem Policy Officer comments (04.09.2024); "The Ecosystem Policy Team have no objection to the proposed road layout of three building plots. The land was classified as 'Arable' in the 1991 - 1994 Phase 1 habitat survey and aerial photograph confirms this continued classification. We do, however, have records of legally protected common lizards in this area, which will be associated with the boundary sod banks in the north east of the site. Common lizards and their places of shelter are protected under the Wildlife Act 1990. There is also potential for breeding birds within vegetation on top of the sod banks.
In order to ensure that breeding birds and lizards and their places of protection are conserved, the sod banks in the north east of the site should be retained and protected against damage during construction. We recommend that drawings showing their retention, and measures to ensure their protection during construction (use of protection fencing and construction exclusion areas) are provided with the reserved matters application.
In order to enhance the site for wildlife, we recommend that the applicant gives consideration to the inclusion of native hedge and tree planting."
5.3 Manx Utilities comment (23.09.2024 - email via applicants and then comfirming comments are correct on 30.09.24); "As the planning application is for Approval in principle for the 3 dwellings, MU will require you to submit a detailed application for the 3 houses which will have to include how wastewater will be drained.
Based on the above, MU are happy to agree to this with a condition stating that the wastewater proposals must be included in any reserved matters application."
5.4 Highway Services Drainage (DOI) comment (); "We're satisfied with the Applicant's response and no further information will be required"
5.5 Jurby Commissioners have confirmed (phone conversation 24.09.2024) that they have no comment.
6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the
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site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; (d) potential impact upon neighbouring amenities; and (e) drainage.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use/proposed residential use under the IOM Development Order 1982. As such the general principle of residential development is concluded to be acceptable. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 One of the matters to be considered at this stage is the access of the site and whether it is suitable to accommodate three dwellings. The site is essentially at the end of a cul-de-ac and existing traffic to and from the site would be limited. The proposed access into the main estate is via a 4.8m wide road which currently only serves two recently constructed dwellings to the east of the site. A 2m wide footpath is also shown on the plans which runs parallel with this road and continues along the estate road within the proposed site. A turning head is provided within the site to allow vehicles to enter the site in a forward gear, turn and leave in a forward gear.
6.4 In terms of individual access to each plot and parking/turning provision this would be dealt with in a future detailed application and is not a matter to considered now; albeit each plot is clearly larger enough to accommodate the required turning and off road parking spaces; so the Department is comfortable at this stage that such provision can be made.
6.5 Visibility splays of 2.4m x 25 m are shown at the existing entrance onto the Threshold Estate Road and the new access from the site onto the existing road (eastern part of site). Once again these visibility splays are considered acceptable and Highway Services raise no objection.
6.6 Overall, it is considered the development can be adequately accessed both vehicular and pedestrian traffic and therefore comply with TP4.
POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.7 As the application is an AIP there are no details of any dwelling on each plot. Such matters wold be judged in any future detailed application.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.8 Again until a detailed application is submitted this aspect cannot be considered. It is considered the size of each plot and position from neighbouring properties, does give sufficient space to enable a dwelling on each plot without impacts the neighbouring amenities significant. However, this will be considered in a detailed application.
DRAINAGE 6.9 As outlined in the proposal section, drainage details of the surface water runoff from the new estate road are matters for consideration at this stage. The details have been considered by the relevant drainage authorities who raise no concerns with the submission. All other drainage can be conditioned for any future Reserved Matters stage which is also acceptable to the various drainage parties.
OTHER MATTERS 6.10 Comments made by the Senior Biodiversity Officer (DEFA) can be addressed via a condition requiring such information in any future detailed application."
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7.0 CONCLUSION 7.1 Overall, for the reasons indicated it is considered at this stage; again the proposal would have no significant impacts upon private or public amenities and comply with the relevant planning policies of the IOM Strategic Plan and the IOM Development Order 1982 and therefore it is recommended that the application be approved.
8.0 Right to Appeal and Right to Give Evidence
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __
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 and/or rights to appeal.
Decision Made : Permitted
Date: 01.10.2024
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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