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12 August 2014 14/00500/B Page 1 of 8 PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/00500/B Applicant : Thalema Ltd Proposal : Erection of a dwelling with detached garage and associated landscaping Site Address : Land Adjacent To Brackenthwaite Port Lewaigue Ramsey Isle Of Man
Case Officer : Mr Edward Baker Photo Taken :
Site Visit : 14.05.2014 Expected Decision Level :
Officer Delegation
Officer’s Report
THE APPLICATION SITE
The application relates to an undeveloped parcel of land adjacent the dwelling known as Brackenthwaite, Port Lewaigue, Maughold. The site is situated at the western end of Port Lewaigue and has a frontage to the north side of the main road through the village. The site currently comprises mostly scrub and the land falls in a northerly direction towards the edge of the coast. There is a small group of trees on either side of the site at the front of the site next to the road. The boundary on the roadside is a low sod bank, which has been breached to create what appears to be a temporary access into the site.
THE PROPOSAL
The application seeks planning approval for the erection of a two storey detached dwelling. The dwelling would be situated at the front of the site close to the road and would be slightly angled on a north-east / south-west access axis to take advantage of the sea views.
Vehicular access would be from a re-worked entrance off the road which would then fall towards a drive and parking area in front of the new house. The drive would be approximately 2 metres below road level. The dwelling itself would sit on lower ground than the drive and the dwelling would be accessed at first floor level. The ground level of the dwelling is approximately 3 metres below the level of the drive.
The dwelling would have a modern but straightforward appearance. Its base would be clad in natural stone with white render above and at the rear. The roof would be natural slate. The windows and doors would be a dark grey composite material. There would be small detached timber garage to the east side of the dwelling.
The proposals also include the re-grading of the garden and land at the rear of the house.
Additional drawings have been received which address the following points:
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Confirm revised visibility splays of 33 metres x 30 metres.
The above information has been circulated for information.
The application follows detailed and lengthy pre-application discussions with the planning officer.
PLANNING HISTORY
The site has no relevant planning history.
PLANNING POLICY
The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being for Low Density Housing in Parkland.
The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:
Strategic Policy 1:
'Development should make the best use of resources by:
(a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.'
Strategic Policy 2:
'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.'
Strategic Policy 5:
'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'
Strategic Policy 10:
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12 August 2014 14/00500/B Page 3 of 8 'New development should be located and designed such as to promote a more integrated transport network with the aim to:
(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.'
Spatial Policy 5:
'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'
General Policy 1:
'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:
'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; 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.'
Housing Policy 4:
'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:
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12 August 2014 14/00500/B Page 4 of 8 (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.'
Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant:
'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
Circular 8/89 'low density housing in parkland' is relevant. It states:
'This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982.
i. There is, on the Development Plan, and on some of the new Local Plans, land designated as "Low Density Housing in Parkland" (LDHP). From time to time, prospective developers seek guidance as to what, in detail, is meant by such a designation. This Circular responds to those enquiries.
ii. All trees within areas designated "low density housing in parkland" are deemed to be Registered by Part 4, paragraph 16 of the 1982 Development Plan Order.
iii. Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.
In the case of (a),
Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.
In the case of (b),
the erection of further dwellings will only be permitted in exceptional circumstances.'
iv. Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-
buildings must be substantial, and designed and finished to the highest quality; and
each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.
Any specific policies included in the relevant Local Plan must also be observed.
Satisfactory provision of services and access will of course also be required.'
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12 August 2014 14/00500/B Page 5 of 8 v. All applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch-spread of all trees. It is recommended that, once this information is available, the applicant's Architect consult the Department's Planning Officers.'
REPRESENTATIONS
Maughold Parish Commissioners - no objection:
Their only concern is that a condition is placed on any approval to ensure that no more mature trees are removed in this sparsely wooded location. Such action would be detrimental to the character of the area.
Highways Service - no objection:
Recommends a condition that visibility splays of 33 metres (west) x 30 metres (east) are provided
Manx Utility Authority - advisory note.
Owner/Occupier of Barrule Cottage, Church Road, Port Lewaigue - comments as follows:
Also the road frontage of the plot is on a blind bend and it would be dangerous for vehicles to enter and leave the site.
ASSESSMENT
Whether this is an acceptable location in principle for a new dwelling
The site forms part of a wider area along this section of coast which is zoned for low density housing in parkland and existing housing in the 1982 Plan.
Port Lewaigue is not recognised as a village or other planning settlement in the Strategic Plan. However, the land is zoned for housing by the 1982 Plan, which remains in force. Port Lewaigue is situated close to Ramsey, which benefits from a wide range of shops, services and employment, and public transport links. Whilst this is not an especially sustainable location for a new dwelling, having regard to these factors, the site is considered to be an acceptable location, in principle, for an additional house.
The effect of the proposal upon the character and appearance of the area
Circular 8/89 relates to proposals for low density housing in parkland. The Circular requires new buildings to be "substantial" and designed to the "highest quality". Dwellings should sit in a plot of around 0.4 hectares. In this case, the site area is approximately 0.5 hectares. The design of the new dwelling has been drawn up following lengthy pre-application discussions with the planning officer. It could not be said that the dwelling would be substantial and the size of the dwelling has been largely dictated by site constraints, including the need to safeguard the trees at the front of the site. However, the size of the dwelling is not modest and it would have a floor area of approximately 275 square metres and would have five en-suite bedrooms.
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12 August 2014 14/00500/B Page 6 of 8
The design of the house is clean, simple and considered effective. The design takes the form of a lodge style property which is considered appropriate for the rural and tree lined character of the site and its surroundings. The design of the dwelling is quite interesting with modern and contemporary touch to the treatment of glazing and large overhang canopy at the front. External materials are kept to a simple Manx palette including areas of natural stone, natural slate roof and render. It is a little unfortunate that the position of the dwelling does not present itself more front onto the road and the slightly angled orientation has been chosen to take advantage of the sea views. The agent has provided a 3D sketch of the front and side of the house when approaching the site along the road from the east. It is considered that this demonstrates that the dwelling would sit comfortably in the streetscape.
In conclusion, it is felt that the design of the dwelling is interesting and of good quality. It has sufficient regard to the aims of Circular 8/89. The character and appearance of the area would not be harmed and the dwelling would contribute to the character and appearance of the local built environment.
The effect of the proposal upon neighbour amenity
The nearest neighbour is the large detached property, Brackenthwaite, to the immediate west of the site (the site and neighbouring property are in the same ownership). It is considered that the new dwelling would be sufficiently far from the neighbour such as to not harm or impinge upon its amenity. It is considered that the dwelling would have no adverse impact on neighbours.
Access and parking
The Highways Service offers no objection to the application and requests a condition to secure visibility splays. Following late submissions by the applicant, the visibility splay agreed by the Highways Service has been reduced from 36 metres in either direction to 33 metres to the west and 30 metres to the east. This can be achieved and a condition can be imposed accordingly. There would be sufficient space within the site to park at least two vehicles in accordance with Transport Policy 7 of the Strategic Plan. In view of the response from the Highways Service, it is considered that the proposed access and parking arrangements are acceptable.
Other issues raised during the consultation period
The proposal does not involve the felling of any trees. It is therefore unnecessary to impose a condition requiring that no trees are felled - felling would require a separate license from DEFA.
A local resident refers to the refusal of permission for a boat house at a site at Glen Cairn, Port Lewaigue (07/01012/B). The application was refused on the grounds of over intense development. It is not considered that this other decision sets a precedent and each application must be judged on its own individual merit.
RECOMMENDATION
It is recommended that planning approval is granted.
PARTY STATUS
The following parties should be afforded interested persons status:
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12 August 2014 14/00500/B Page 7 of 8 The local authority, Maughold Parish Commissions is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
The Highways Service granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
The following parties should NOT be afforded interested persons status:
Owner/Occupier of Barrule Cottage, Church Road, Port Lewaigue - not an immediate neighbour
Manx Utility Authority - does not raise relevant planning issues
Recommendation
Recommended Decision:
Permitted
Date of Recommendation:
05.06.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The render shall be finished in white, off white or such other colour to be first agreed in writing by the Planning Authority, and permanently retained as such.
Reason: In the interests of the appearance of the development.
C 3. The drive shall be finished in stone paviors or such other materials to be first agreed in writing by the Planning Authority.
Reason: In the interests of the appearance of the development.
C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not
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12 August 2014 14/00500/B Page 8 of 8 be used for any purpose other than the parking and turning of vehicles 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 and turning of vehicles in the interests of highway safety.
C 5. There shall be no obstruction to visibility greater than 1.05 metres above adjoining road level forward of a line drawn 2 metres back from the nearside carriageway edge at the centre line of the access and extending 33.89 metres to the west and 30.12 metres to the east, as identified on Drawing Number 0150/01 07 received on 25 June 2014. Such visibility shall be fully provided before occupation of the dwelling hereby permitted and shall thereafter be maintained at all times.
Reason: In the interests of highway safety.
C 6. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
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This approval relates to Drawing Numbers 0150/01 01 (site location plans), 0150/01 03 (elevations) and TS-1A (site survey) received on 28 April 2014; Drawing Number 0150/01 06 (site sections) received on 02 June 2014; Drawing Numbers 0150/01 04B(site layout) received on 20 June 2014; and Drawing Number 0150/07 (revised visibility splays) received on 25 June 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : ...3/7/14...
Determining officer (delete as appropriate)
Signed :... Chris Balmer
Senior Planning Officer
Signed :... Sarah Corlett
Senior Planning Officer
Signed :...M Gallagher...
Michael Gallagher
Director of Planning and Building Control
Signed :... Jennifer Chance
Head of Development Management
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