Officer Report

Application No.: 14/00818/A Applicant: Trevor Leach Proposal: Approval in Principle for redevelopment of site for residential purposes Site Address: Spaldrick House Bradda Road Port Erin Isle Of Man IM9 6PQ Case Officer : Miss S E Corlett Photo Taken: 24.07.2014 Site Visit: 24.07.2014 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

THE SITE

1.1 The site is the curtilage of Spaldrick House which lies on the western side of Bradda Road. A public highway runs through the site providing access to the site and linking to the south with Bradda Glen Close which serves a cul de sac of seven detached properties - mainly bungalows - and a small traditional Manx cottage ("The Small Cottage" on the plans and Spaldrick Cottage on site) at the entrance. The rest of the properties in Bradda Glen Close are modern properties with a two storey house at the north western extreme (number 1) and a two storey dwelling with timber boarding detailing on the projecting gable (number 7) next to the Manx cottage at the north eastern end of the site. - 1.2 Spaldrick House itself is a large, three storey building which has a traditionally styled main core but which has had a number of extensions, some flat roofed which result in a not particularly attractive building. The building sits higher than Bradda Glen Close by around 2- - 3m and is screened therefrom by a hedge of hawthorn, hebe, oleaster, palms and fuchsia. It was originally a hotel but has not been used as such for some time and was, until the vacation of the applicant and his wife to alternative accommodation, a single dwelling.

1.3 To the north of the site is Bradda Court, a complex of two storey, rather plain properties arranged in an L shape with single storey flat roofed garaging to the front and one of the rows of garages separated from the application site by a row of conifers. - 1.4 The existing building is visible in the wider landscape although screened presently by existing vegetation which may or may not remain in place. - 1.5 Visibility from the upper exit is limited to the north by an existing tree (and for sale board) and to the south by ivy growing over and out from the roadside wall. Visibility from the lower access is limited to the north by vegetation growing out of the roadside wall and a little to the south by parked vehicles (which would push oncoming vehicles further into the line of view) and by the upper part of the roadside hedge of Spaldrick Cottage. Visibility from the road which passes immediately alongside the building, onto Bradda Glen Close is restricted to the west by existing vegetation, the orientation of the road and the boundary wall.

THE PROPOSAL

2.1 The application seeks approval for the principle of the redevelopment of the site for residential purposes. There is no detail of what is in the mind of the applicant other than they wish to establish the constraints on redevelopment of the site - whether they could build on the part of the site closest to the road which currently has no buildings upon it, whether the access is acceptable or requires alteration, whether the public road which runs through the site needs to or could be altered and whether the demolition of the existing building on site is acceptable. PLANNING STATUS AND POLICY - 3.1 The site lies within a wider area of Residential use on the Area Plan for the South adopted in 2013. The proposed Conservation Area ends further south than the site. There are no other constraints shown on the Area Plan for the South: the site lies within the village boundary. Spaldrick House is neither Registered nor on the list in the Area Plan of buildings which are worthy of consideration for such.

3.2 As such, the following Strategic Plan policies are relevant to the consideration of the application:

• i) Strategic Aim: to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
• ii) 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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services.
• iii) Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
• iv) Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:

• (a) avoiding coalescence and maintaining adequate physical separation between settlements; and
• (b) having regard in the design of new development to the use of local materials and character.

• v) 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.
• vi) Strategic Policy 10: 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.
• vii) 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.
• viii) Transport Policy 6 states: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.
• ix) General Policy 2: 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 space 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 adverse 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.

• x) Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
• xi) Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more.
• xii) Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with standards specified in Appendix 6 to the Plan.
• xiii) Appendix 6; Table 1

• 1 bedroom: 27 sq m of Formal Open Space; 9 sq m of children's play space; 12 sq m of amenity space; total 48 sq m
• 2 bedroom: 36 sq m of Formal Open Space; 12 sq m of children's play space; 16 sq m of amenity space; total 64 sq m
• 3 or more: 54 sq m of Formal Open Space; 18 sq m of children's play space; 24 sq m of amenity space; total 96 sq m.

• xiv) Where numbers and type of dwellings are unknown e.g. applications for approval in principle, the requirement for open space provision will be reserved so that it can be resolved when a detailed application is made.
• xv) Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.
• xvi) Finally, Appendix Seven of the Strategic Plan sets out the requirements for car parking in association with new development.

Appendix 7: "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, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, 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, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These 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" (A.7.6).

3.3 Essentially the site is considered suitable for redevelopment due to its designation and proximity to Port Erin's main services and amenities but the redevelopment must ensure that the development is satisfactorily accessed, does not have an adverse impact on the streetscene or on the amenities of those living close to the site, must have adequate open space, parking spaces and affordable housing available to it.

PLANNING HISTORY

4.1 There are no planning applications which have been submitted for development at this site. REPRESENTATIONS - 5.1 Port Erin Commissioners indicate that they support the application.

5.2 Department of Infrastructure Highway Services indicate that the existing access does not appear to have sufficient visibility although the frontage to Bradda Road is 160m and could therefore be likely to provide an acceptable means of access and the existing substandard one closed off. Further discussion with Department of Infrastructure Highway Services indicates that a public highway can be extinguished or diverted for the purpose of enabling development to be carried out in accordance with a planning approval. As the junction of the road through the site with Bradda Road does not meet current standards and would be unsuitable for further traffic and as such an alternative access is recommended along with an improvement to the lower access, providing inter-visibility between the new access point and the lower existing access. Such an access arrangement could accommodate up to 100 dwellings. ASSESSMENT

6.1 There are a number of issues to consider: is the demolition and replacement of the existing building acceptable? What constraints on development may there be? Is it likely that a new access will be required?

The loss of the existing building 6.2 The existing building is not protected by Registered Building status or Conservation Area status and there is nothing in the submitted representations which suggests that the loss of the existing building is unacceptable. Its use as a hotel or guest accommodation is clearly limited and in terms of effective use of land in a sustainable location, within the village boundary, the site is not particularly well used. The redevelopment of the site would accord with the principles of Strategic Policy 1.

6.3 For these reasons the development is considered to be acceptable. - 6.4 The development must be capable of having an access which affords acceptable levels of visibility for those driving vehicles out of and into the site. In this respect the existing junction of the public highway within the site and Bradda Glen Close is unacceptable and its upper junction with Bradda Road. It would appear very likely that for these reasons the public highway could be capable of being extinguished in order to make a development acceptable and which would also have the potential to improve the existing visibility from the lower entrance and remove the upper access altogether. - 6.5 As such it is not considered that access should prevent the site from being redeveloped for residential purposes. - 6.6 If development is to occur, it must comply with the provisions of the Strategic Plan in terms of car parking, affordable housing and public open space as set out in paragraphs 3.2 xi, xii, xiii, xiv, xv and xvi above. - 6.7 The development must make a positive contribution to the area in terms of design in accordance with Strategic Policy 5 and Environment Policy 42. - 6.8 It is considered that the proposal is acceptable and is recommended for approval.

PARTY STATUS 7.1 The local authority, Port Erin 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.

SUPPLEMENTARY REPORT MEA submitted views which were not incorporated into the original report. They recommend discussion regarding the provision of an electricity supply to the development, which is not a material planning consideration and as such they should not receive interested person status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

22.08.2014

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. Application for approval of the reserved matters shall be made to the Planning Authority 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 2. 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 3. The application in principle must demonstrate that the development will have an acceptable and safe access affording sufficient visibility to drivers of vehicles emerging from the site.

NOTE: this may involve the blocking off of the public highway and the existing access at the higher end of the site which is unsatisfactory together with the improvement of the existing lower access from Bradda Glen Close onto Bradda Road.

REASON: to comply with the provisions of Transport Policy 4 of the Strategic Plan.

• C 4. No development of more than eight units may be undertaken until such times as there is in place a legal agreement to secure the provision of 25% of the approved units to be provided as affordable units in compliance with section 8.6 of the Strategic Plan. REASON: to comply with Housing Policy 5 of the Strategic Plan.
• C 5. The application for reserved matters must make provision for car parking in accordance with Appendix Seven of the Strategic Plan.

REASON: in order to ensure that sufficient provision is made on site so as not to increase the amount of on-street parking which will adversely affect highway safety and impair visibility from existing accesses onto Bradda Road.

• C 6. If the development results in ten or more dwelling units, provision must be made for public open space in accordance with the Strategic Plan Recreation Policy 3.

REASON: to ensure that the development makes adequate provision for amenity and recreation for the occupants of the development.

N 1. The applicant is reminded that Environment Policy 42 requires that "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality" and Strategic Policy 5 requires that "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."

This approval relates to drawing 01 received on 10th July, 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 : Approved Committee Meeting Date : 1st September 2014 Signed : Miss S E Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

NO