Officer Report

Application No.: 14/00795/C Applicant: Heritage Homes Limited Proposal: Change of use of land from approved Public Open Space to private residential land to be used in conjunction with adjacent dwellings Site Address: Land At Glebe Aalin Close Ballaugh Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The site is a parcel of land located to the rear parking area of Nrs 6 to 11 Glebe Aalin Close. The site has a maximum depth of 4 metres and a total width of 35 metres. The strip of land was created as part of the public open space provision when the housing estate was built.

2.0 PLANNING STATUS - 2.1 The application site is within an area of 'proposed residential use', under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 2.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the 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;
• (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 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

3.0 PLANNING HISTORY - 3.1 There following planning application is considered relevant in the assessment and determination of this application:- - 3.2 Layout of roads, plots and erection of 42 dwellings (amendment to approved layout PA 99/585) - 02/00744/B - APPROVED - 3.3 Erection of 15 dwellings - 99/00588/B - APPROVED

4.0 PROPOSAL - 4.1 The proposal seeks approval for the change of use of land from approved Public Open Space to private residential land to be used in conjunction with adjacent dwellings.

5.0 REPRESENTATIONS - 5.1 Ballaugh Parish Commissioners and Highway Services have no objection. Ballaugh Parish Commissioners fully support the application as they consider it tidies up the area.

6.0 ASSESSMENT - 6.1 Recreation Policy 2 is the most relevant planning policy to consider when determining the application. This policy indicates that development which would result in the loss of Open Space will not be permitted except when there would be an overall community gain from the development, and the particular loss of the open space would have no significant unacceptable effect on local open space or on the character or amenity of the area. - 6.2 The applicants have indicated that the site was provided as an area of open space, but the area was never formally adopted by the Local Authority. Accordingly, the residents whose properties back onto this area have used the small strip of land for their residential purposes. It should be noted that the residents whose properties are opposite to the site, are likely to be the only persons who benefited from the open space in terms of visual amenity and use, given the highway which runs to the rear of these properties and the site, is not a through road, serving the properties only. - 6.3 It should also be noted that when this development was approved, there were no public open space provisions as it was pre the adoption of the IOM Strategic Plan which was adopted in 2007. - 6.4 The loss of this small strip of public open space would not have any significant unacceptable effect on local open space or on the character or amenity of the area. Accordingly, it is considered in this case the proposal would be acceptable.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to be appropriate in this location and the application is therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

13.08.2014

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. 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.

This approval relates to drawing reference numbers 2123.25.01 and 2123.25.02 both received on 3rd July 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 : ………13/8/14……….. Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………S Corlett………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management