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| Application No.: | 14/00408/REM |
| Applicant: | Mrs Frances Thorp |
| Proposal: | Reserved Matters application for the erection of a detached dwelling (PA 12/00597/A) |
| Site Address: | Site Adj To Mountain View Sound Road Glen Maye Isle Of Man |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING
1.1 The site is part of the residential curtilage of an existing dwelling situated off Sound Road, a local road which leads from the A27 coast road through Glen Maye to Ballacregan Farm to the south east of the main road. The road serves a number of dwellings, some of which are further south east than the application property - Laburnum Lodge, Holm Lea Bungalow and Strooan Cottage, only the first of which is served by the access road. This road also serves Brookvale, Vallicot Cott, Lane Cottage, Claddagh House and Ballachrink Mooar.
1.2 The application property is a modern bungalow sitting in just under 1 acre of landscaped garden. The dwelling was built in the 1980s, having been approved under 84/00133/B. Holm Lea was approved under PA 87/1728 and most recently Ballachrink Mooar was permitted following an approval for the redevelopment of a former barn on the site to living accommodation (PAs 05/0220 and 07/0095).
1.3 Beyond the garden of the application property, to the south is open agricultural land. A public footpath (Bayr ny Skeddan) runs to the east of the site, alongside the Glen Rushen river.
1.4 The application site is the southern triangularly shaped part of the existing garden with a side boundary which runs alongside the Sound Road, at a length of around 120m.
2.1 Proposed are the details of a further dwelling within the garden of the property as reserved from the approval in principle granted under PA 12/000597. The present property is served by two accesses but the new dwelling will have its own access off the Sound Road. The creation of this access will necessitate the removal of around nine trees.
2.2 The dwelling will be single storey and is plain in layout, form and finish. It is 24.5m long, 10m wide and 5.8m tall finished in slates and painted rendered walling with timber cladding
| Case Officer : | Miss S E Corlett |
| Photo Taken : | 16.05.2014 |
| Site Visit : | 16.05.2014 |
| Expected Decision Level : | Planning Committee |
on each gable within the roof span. The front elevation has relatively large scale windows and a wide ribbed sectional garage door which is shown on the drawing as being grey in colour. On the rear elevation the windows are smaller and more regular in pattern.
2.3 Access will be from the Sound Road through a new access created by the removal of a number of trees. The drive will be 3.95m wide and almost 15m long finished in gravel with a turning facility and parking area for two vehicles. The entrance gates will be set back from Sound Road by 6m between two pillars of unspecified height (these should be no higher than 2m) with 1m high wing stone walls on each side.
2.4 The dwelling will be approximately 20m from Mountain View and orientated such that it is not directly parallel with it to prevent overlooking.
2.5 Foul drainage will be discharged to the main sewer in the highway and surface water to the existing ditch alongside the site.
3.1 The site lies within an area of Woodland and within a wider area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982.
3.2 The Strategic Plan contains a policy relating to Woodland: Environment Policy 5 states: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." Environment Policies 1 and 2 presume against development in such areas as the countryside is protected for its own sake, particularly in areas of High Landscape Value unless it can be shown that the development would not harm the character and quality of the landscape or the location for the development is essential.
3.3 General Policy 3 sets out when exceptions may be made in relation to the presumption against development in undesignated areas.
4.1 The applications which are relevant to the consideration of this application are set out at paragraph 2. Essentially, the existing dwelling was approved in 1984, after the 1982 Order designated the land as open space. Since then, other dwellings have been approved and built outside the residential area - Holm Lea - such that there is built development outwith the residential zone.
4.2 The dwelling which was built at Ballachrink Mooar is within the residential zone on the 1982 Plan. Access was the issue concerning the Planning Authority and the Inspector concluded that "The junction of Sound Road with the main road could safely accommodate additional traffic since its width and alignment are adequate. Sound Road, itself is generally straight and has good forward visibility to the junction with Postman's Path. It is not wide enough for two vehicles to pass but there are a number of areas of localised widening where vehicles can pass. Even if one of two are from time to time occupied by parked cars there is adequate space given the limited traffic flow on the road. Moreover, the road only serves local traffic and drivers are likely to be aware of the limitations. I conclude that Sound Road could safely accommodate the slight increase in traffic generated by the proposal" (paragraph 13).
4.3 Planning permission was granted in principle for the erection of a dwelling on this site under PA 12/00597. This approval was granted subject to the following conditions:
5.1 Patrick Parish Commissioners raise no objection to the application. 5.2 Manx Utilities Authority (Drainage) indicates that the provisions for flood mitigation are acceptable. 5.3 Department of Infrastructure Highway Services indicate that they do not object to the application.
5.4 A resident of Douglas considers that the proposal would "destroy" the last portion of rural pasture in the Glen Rushen Valley and access for service and emergency vehicles would be difficult.
5.5 Manx Utilities Authority (Electricity) seek consultation regarding the provision of electricity supplies to the development.
6.1 The principle of a dwelling on this site is acceptable as approved under PA 12/00597/A. The site coincides with the drawing submitted and approved then and the application has been submitted within 13 months of the issue of the approval, thus complying with conditions 1 and 5. If approval is granted work must commence by 24th May, 2017 to comply with condition 3. This application is for the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site and thus complies with condition 3.
6.2 The application includes a flood risk assessment, in compliance with condition 4. This is acceptable to the MUA (Drainage). The level of the proposed dwelling is lower than the highway but sufficiently above the watercourse to place the property reasonably above the risk of flooding.
6.3 There are no conditions on the design of the new dwelling and there is no policy advice on such proposals as the dwelling is outwith a residential area and where there is a presumption against development. Whilst in other policies (HP14, HP10) there is a requirement for new dwellings to be traditional and in accordance with Planning Circular 3/91however, in this case, the context of the site, which lead to the planning approval in principle being granted, is perhaps more important than trying to apply a particular policy to the development which would otherwise not be appropriate or applicable. The site lies amongst dwellings which are largely modern and of no prevailing style or character. As such,
what is proposed is little different to what exists around it and whilst the design and layout could well be described as disappointing and perhaps a lost opportunity for something more imaginative, this has been raised with the applicant who does not wish to pursue something more modern or innovative, nor something with dormer accommodation nor in a different position or alignment.
6.4 As such, the proposal should be judged on its merits as submitted. The site is not part of the open countryside and seen amongst properties of a similar scale and appearance. As such, it is considered not to have any adverse impact, is considered to accord with what was expected from the approval in principle and is recommended for approval.
7.1 The local authority, Patrick Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 Manx Utilities Authority (Drainage) is a statutory authority and raises material considerations and as such should be afforded interested party status in this case.
7.3 Manx Utilities Authority (Electricity) does not raise material planning considerations and as such should not be afforded interested party status in this case.
7.4 The resident of Douglas is not directly affected by the development and as such should not be afforded interested party status in this case.
Recommended Decision: Permitted
Date of Recommendation: 24.06.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby approved must be commenced prior to 24th May, 2017.
REASON: in order to comply with the conditions of the approval in principle.
C 2.
Prior to the commencement of any works on site there must be approved by the Planning Authority a landscaping scheme which illustrates the introduction of new trees along the boundary with Sound Road to compensate for those lost in order to provide access into the site.
REASON: the protect the rural character of the area.
C 3.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
REASON: in order to ensure that the scheme sits comfortably into its rural setting.
This approval relates to
drawings 1.7229-104Rev C and 1.7229-106 Rev C both received on 29th May, 2014 and 1.7229-L, 1.7229-S and 13TS024-01 all received on 31st March, 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Committee Meeting Date : 21-7-14 Signed : S. O. O. W. E. T. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
At the meeting held on the 21st July 2014, the Planning Committee overturned the recommendation of the Case Officer and the application was refused for the following reason:
R 1. The proposed dwelling, due to its design, form, size and positioning would be detrimental to the character and appearance of the area contrary to General Policy 2 and Strategic Policy 5.
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