Creation of a residential estate comprising 28 houses and 8 apartments with associated roads and infrastructure, Land At Pulrose Farm Castletown Road Douglas Isle Of Man
Oik yn Ard-Scrudeyr
PLANNING APPEALS OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected]
CHIEF SECRETARY M Williams, CPFA
Our Reference: L16NEW/DF10/0011 22nd July 2010
CSO Copy – Refer to template L18 for mailing list
Dear Sir/Madam,
Town And Country Planning (Development Procedure) Order 2005
In accordance with paragraph 10 of the above Order, the person appointed by the Government in Council to consider the application has submitted his report.
After consideration the Council of Ministers has accepted the recommendations contained in that Report and has approved the application subject to the applicants having first entered into a Section 13 agreement with the Department of Infrastructure as recommended in Paragraph 55 of the Inspector’s Report and subject to the conditions listed in Annex A of that Report.
In accordance with paragraphs 10.3(a) and (b), a copy of the appointed person’s report is enclosed. Yours faithfully,
A Johnstone Planning Appeals Administrator Encl.
Crown Division
Government Office
Douglas, Isle of Man, IM1 3PN
25th June 2010
The Council of Ministers Government Office Douglas, Isle of Man, IM1 3PN
Sirs,
Application: 10/00149/B Chief Secretary's Ref: DF10/0011 Applicants: Haven Homes Ltd
Application: Application for a residential estate comprising 28 houses and 8 apartments with associated roads and infrastructure, land at Pulrose Farm, New Castletown Road, Douglas.
I have the honour to report that I have examined the proposals, set out above, under the provisions of Article 10 of the Isle of Man Town and Country Planning (Development Procedure) Order 2005. This report contains a description of the site and proposal, a summary of the material submitted and my assessment and recommendation.
The application is reported to the Council of Ministers as it involves highway land.
The Site and Proposal
The application relates to a site with an area of 3.5 acres on the south east side of the A5, New Castletown Road opposite Anagh Coary that in the past was used as a golf course green-keeper's maintenance area. To the south and north east the roughly triangular site adjoins Pulrose Golf Course. Whilst in the eastern corner the site is open to the golf course, it is largely screened by trees and/or embankments elsewhere. On the road frontage are three dwellings, the former Pulrose Farmhouse and a pair of semi-detached houses, Pulrose Cottages. The site is partly hardsurfaced and in the eastern corner adjoining the golf course is a relatively large shed.
The application, which is for full planning permission, proposes the construction of 28 houses and a further 8 apartments that would be offered for sale to first time buyers under the Government's House Purchase Assistance Scheme. The existing three houses on the site, which are owned by Douglas Corporation and currently let out as public sector housing, would be retained but the layout would enable their redevelopment in the future. As well as a comprehensive set of scheme drawings the application was accompanied by a Design and Planning Statement and an Environmental and Energy Impact Statement.
Access to the site would be via a new junction to the south west of the existing semi-detached houses with a new footway, bus stop and traffic management system with filter lanes from the Castletown Road. The site would be screened from the main road by a 1.5m Manx sod hedge which would be continued round the remainder of the site. Within the site the access road would split into two urban lanes with each having a turning head.
The proposed houses would be a combination of semi-detached and terraced properties, 12 with two bedrooms and 16 with three. The apartments, which would be in two units in the eastern corner, would be of the walk-up type, each having its own front door at ground level.
A total of 72 parking spaces would be provided, 26 within the curtilage of dwellings and 46 as communal spaces. The application also includes parking for the existing three dwellings within the site.
The majority of the proposed houses would face onto a central public open space with a children's' play area. There would also be additional small areas of public open space on the periphery of the site.
Relevant Planning Policy
Around 75% of the site is shown as residential in the Douglas Local Plan where the principle of new residential development would accord with the policies of the Isle of Man Strategic Plan 2007. However a small area is shown in the Local Plan as open space or woodland (golf course). Here General Policy 3 and Environment Policy 1 are relevant. General Policy 3 indicates a presumption against most forms of new building outside areas zoned for development and Environment Policy 1 indicates among other things that the countryside will be protected for its own sake.
In relation to the specific scheme, as well as General Policy 2 which sets out criteria to be satisfied with development generally, the following policies of the Strategic Plan are of relevance: Housing Policies 5 and 6, Recreation Policies 3 and 4, Transport Policies 1, 4 and 7 and Environment Policy 42.
Housing Policy 5 indicates that in granting planning permission for developments of 8 dwellings or more on land zoned for residential development, or in predominantly residential areas, 25% of provision should be made up of affordable housing.
Housing Policy 6 states that development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.
Recreation Policy 3 states that 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 the standards specified in Appendix 6 to the Plan.
Recreation Policy 4 states that 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.
Transport Policy 7 states that with all new development, parking provision must be in accordance with the Department's current standards.
Environment Policy 42 states 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. 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.
Planning History
In 2005 approval in principle was granted for the construction of 30 dwellings on the site (04/2088) notwithstanding the fact that a small part of the area was not formally designated for residential purposes.
More recently an application for the erection of a first time buyer housing development comprising 36 semi-detached houses and 10 apartments (07/01538) was refused because of inadequate public open space provision, inadequate car parking and an over-intensive form of development, unsympathetic to the open location of the site alongside a golf course. The refusal did not include reference to the fact that the proposal involved encroachment into an area of open space.
Planning Authority's Observations
The Principle of the Development
As the site includes a small area of land shown in the Douglas Local Plan as woodland or open space, the proposed land use would not wholly accord with the Local Plan. However, in view of the recent planning history it would be unreasonable to raise objection on the grounds of non-compliance with the Local Plan designation.
Parking Provision
The current proposal does not strictly accord with the Department's Parking Standards in that not all the dwellings would have 'two parking spaces, one of which should be behind the building line'. 10 dwellings would have 2 parking spaces within their curtilage of which one would be behind the building line, 6 would have single spaces within their curtilage but in front of the houses and 20 dwellings would have the use of the 46 communal spaces. However the overall requirement of 72 spaces for a development of 36 units would be met.
Bearing in mind that the communal spaces would be conveniently located in relation to the dwellings and the overall requirement in numerical terms would be satisfied it is not considered that the failure to accord with the letter of the parking standards would be reason to reject the proposal. It is considered that the previous objection because of inadequate parking has been satisfied.
Open Space
The requirement for open space provision based on 20 two bedroom dwellings and 16 three bedroom dwellings would be 2816 sq m . The on site provision falls short by 813 sq m but the applicants have indicated a willingness to make a financial contribution to enable the local authority to improve nearby play facilities. Subject to the applicants entering into a Section 13 Agreement in respect of an appropriate financial contribution it is considered that open space requirements would be satisfied.
Affordable Housing
The applicants are proposing an estate exclusively for first time buyers which would far exceed the requirements of the Strategic Plan in terms of affordable housing provision. They have also indicated a willingness to enter into a Section 13 Agreement whereby they would ensure that units are set-aside for affordable housing purposes in line with Housing Policy 5 of the Strategic Plan.
Visual Impact
Whilst it would have been desirable in visual terms if the houses on plots 9-14 had faced towards New Castletown Road, bearing in mind the need to retain the existing houses it is not possible to introduce an estate road on to which the proposed dwellings would front. In any event the proposed Manx bank would help screen the properties and at the same time provide a higher but not intrusive boundary.
In respect of the impact of the development when seen from the golf course, the majority of the new housing would be obscured by existing landscape features along the site boundary. However due to the openness of the extreme eastern part of the site the two proposed apartment blocks and to a lesser extent houses on plots 1-8 would be highly visible from the golf course. The development would to a degree harm the openness of the golf course but the impact has to be viewed in the context of the overall setting of the golf course from where residential development is clearly seen elsewhere. It is not considered that the proposal would adversely affect the visual amenity of the golf course to the extent that would justify the refusal of the scheme.
Whilst no attempt has been made to replicate the design features of the existing dwellings on site, the proposal is of an innovative design. Wall cladding would comprise a mixture of cedar boarding and painted or self coloured render with grey concrete tiles on the roof. Windows would be dark grey powder coated aluminium and there would be glazed canopies over
hardwood entrance doors. The submitted drawings do not give a true impression of the overall finishes for the development but subject to a condition requiring the submission and agreement of samples, the Planning Authority are satisfied that an appropriately high standard of development can be achieved.
Impact on Residential Amenity
The nearest house to Pulrose Farmhouse would be that on plot 9 and the gable would be 10.4m from the side elevation of the existing dwelling. Potential overlooking would be prevented by the use of obscure glazing in the landing window of the property on plot 9. In the case of Pulrose Cottages the nearest house is that on plot 14 whose gable would be 5m from the side of the nearest cottage. Again overlooking from a landing window could be prevented with the use of obscured glazing. It is not considered that the proposal would have unacceptable consequences for the amenity of residents of the retained properties.
Other Matters
Douglas Golf Club raise concerns in relation to the need to prevent trespass and the danger from wayward golf shots. The applicants have suggested that safety fencing could be erected in agreement with the Golf Club and Douglas Corporation to address this question as part of the overall landscaping around the site. At this stage no plans have been produced to suggest where the fencing would be located and whether the fencing would be within or outside the site. However the Planning Authority are satisfied that this is a matter that could be included as part of the proposed Section 13 Agreement.
The Golf Club also raise concerns in relation to drainage but this is a matter more appropriately considered in the context of the Building Regulations.
Similarly questions in relation to the diversion of public rights of way are not a planning matter.
Conclusion
It is the view of the Planning Authority that, subject to the satisfactory completion of a Section 13 Agreement covering the various matters mentioned above, planning permission be granted subject to a series of conditions. (see Annex A).
Dispute in relation to conditions
The Planning Authority oppose the suggestion that the words "to serve those particular dwellings" be introduced into conditions 4 and 5 (dealing with provision of means of access and parking and manoeuvring space). The suggested change would make the conditions ambiguous and unenforceable as there are no plans within the application showing which vehicular/pedestrian
access and car parking/manoeuvring areas are required for each of the dwellings.
In relation to condition 6 (removal of permitted development rights) the condition does not mean that the listed items could never be built, simply that consent would be required. The introduction of the words 'or any subsequent approval' is unnecessary.
Condition 7 relates to a soil survey and the applicants argue that this is unnecessary as a desk top study reveals little possibility of contamination. The Planning Authority disagrees. Most of the adjoining golf course has been constructed on old landfill sites and the true extent of the landfill is unclear. If any landfill gases were found as part of the sampling, gas protection measures would be required and a further condition to require this is consequently suggested.
Whilst not considered strictly necessary the Planning Authority would not object to the proposed additional wording suggested by the applicants in condition 9 in relation to tree protection.
Consultation Responses and Representations
Whilst details of drainage are sought, no further comment has been made by Douglas Corporation and subject to a condition to the maintain visibility splays at the site access there is no objection from the Highways Division of the Department of Infrastructure. The Housing Directorate of the Department of Social Care point out the need for a condition to ensure that the development provides 100% affordable housing.
Subject to the provision of fencing to prevent trespass and injury from wayward golf balls, measures to prevent problems with surface water drainage and resolution of differences in relation to the location of public rights of way onto the golf course, the initial objection from Douglas Golf Club was withdrawn following discussion with the applicants.
Comments by the Applicants on the Proposed Conditions
In order to release a number of properties to first time buyers before the completion of the whole development it is requested that the words 'to serve those particular dwellings' be introduced into conditions 4 and 5 dealing with provision of means of access and parking and manoeuvring space. In relation to condition 7 as the worst contamination that can be expected on site is spillage from a relatively small oil tank the proposed wording is considered unduly onerous and the following alternative wording is suggested:
'Before the development hereby permitted commences on the site the developer shall have carried out a risk assessment and undertaken a site investigation including soil sampling as appropriate to determine the extent of any contamination on site and have submitted the findings to the Planning Authority. A scheme of decontamination --- etc.'
6
Minor rewording of condition 9 in relation the protection of trees on site is suggested in order to take account of those trees whose removal is indicated on the plans.
Inspector's Assessment and Conclusions
The Principle of Residential Development
In providing affordable housing for first time buyers in a relatively sustainable location in terms of its access to various services and facilities the proposal would address a specific local need.
Although the majority of the site is zoned for residential purposes on the Douglas Local Plan, a small part is shown as open space or woodland where, in the absence of special justification, there would be a presumption against most forms of new development. However since the local plan designation the principle of residential development on the overall site has been accepted with the approval of 04 / 2088 and in the more recently refused application 07/01538, the principle of the proposed residential use was not questioned.
It is also pertinent that the site as a whole was at one time used as a greenkeeper's maintenance yard, with areas of hardstanding and storage buildings. As the overall area is similar in character and appearance it could be seen as illogical to area exclude a part from the proposed housing development in light of the local plan designation.
In the circumstances of the case I consider that it would be appropriate to accept the principle of the residential development, which would address a specific local need, on the site as a whole. A mechanism would be required to ensure that the new dwellings were provided as affordable housing.
The Layout and Design
The earlier proposal was rejected on three main grounds, inadequate parking facilities, inadequate open space provision and an over-intensive form of development having regard to the location of the site adjacent to the golf course.
The current scheme would still not fully accord with the parking standards in Appendix 7 of the Strategic Plan in that some spaces would be provided on a communal basis and where provision is made within the curtilage of houses in a minority of cases there would be no provision behind the building line. However where communal provision is made it is convenient for the dwellings served and more importantly in overall terms the requirement to provide two spaces per dwelling would be met.
I consider that adequate provision for parking is made with the current scheme.
Although an area of public open space, which includes a children's play area, is proposed in the centre of the development, the overall open space provision falls below the requirement of 2816 sq m by around 30%. However it is proposed to make a financial contribution in lieu of the on-site provision of £14,634 towards the improvement of other facilities in the area. I consider that subject to there being a formal agreement in place to secure the payment, the scheme would satisfy open space requirements.
Whilst the scheme displays certain innovation in the design of the house types, a relatively standard layout is shown with the majority of the houses grouped around an area of open space. The overall intensity of development is reduced from the previously refused scheme. The proposed layout would ensure that the residents of the proposed dwellings and the existing dwellings would enjoy reasonable standards of amenity in respect of matters such as privacy, daylight and outlook.
I am satisfied that with the proposed boundary treatment, the fact that the rear of properties on plots 9-14 would face towards New Castletown Road would not have unacceptable visual consequences. I do have some concerns in relation to the location of the two apartment blocks in the eastern part of the site close to the golf course where inevitably they will be prominent in views from the open area. However, on balance, having regard to the wider setting of the golf course and to the proposed landscaping, in particular the banking around the site, I do not consider that the visual consequences would be sufficiently serious to reject the scheme.
Other Matters
I would agree that measures would be required to address safety concerns in relation to wayward golf balls in the eastern part of the site. As this could well involve works outside the site, I consider that details of the appropriate measures should form part of a Section 13 Agreement.
The proposal would involve the diversion of a length of public footpath whose precise line has yet to be confirmed. Whilst I see no insuperable problems, this would be a matter for other legislation.
Details of drainage to satisfy the requirements of Douglas Corporation and also the concerns of the Golf Club would be addressed as part of the Building Regulation approval process.
Conditions
In relation to the proposed conditions I agree with the Planning Authority that the insertion of the words 'to serve those particular dwellings' in conditions 4 and 5 would make the conditions ambiguous and unenforceable as there are no plans which show which vehicular/pedestrian accesses and car parking / manoeuvring areas are required for each dwelling. If the intention is to phase the development further information would have been required of the details of how this is to be achieved.
I accept that in light of uncertainty over the history of the landfill in the general area the Planning Authority's proposed condition is appropriate and necessary. I would also agree that the additional suggested condition is required in the event that landfill gas is found.
Whilst the condition removing permitted development rights would not preclude the listed items providing specific consent was obtained, I agree with the applicants that there may be benefit in making this clearer. I would also agree that condition 9 dealing with tree protection would be improved if it was made clear that the requirement to seek approval did not apply to the trees shown as being removed on the approved drawings.
In addition to the alterations suggested by the applicants further very minor adjustments to the conditions recommended by the Planning Authority are included in the suggested conditions at Annex A.
Overall Conclusion
It is my conclusion that subject to the applicants having first entered into a Section 13 agreement covering the provision of the new dwellings as affordable housing, the payment of a contribution in lieu of on site open space provision and agreement in respect of safety fencing adjacent to the golf course, planning permission should be granted subject to conditions. The recommended conditions are at Annex A.
Recommendation
I recommend that, subject to the prior completion of a Section 13 Agreement covering the points listed above, planning permission be granted subject to the conditions listed at Annex A.
I have the honour to be, Sirs,
Your obedient servant
Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI Independent Inspector
Annex A
Schedule of Conditions
(variations from those originally suggested by the Planning Authority shown in italics)
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the creation of a residential estate comprising 28 houses and 8 apartments with associated roads and infrastructure as shown in drawing numbers 1154-20-B, 1154-21-B, 1154-23 . C, 1154-17-E, 1154-16-E, 1154-14-E date stamped 5th February 2010, 1154-10-E, 1154-13-F, 1154-15-F, 1154-24-B, 1154-18-E, 1154-19-E, 1154-25, 1154-26 and 1154-27 date stamped 6th April 2010, Environmental and Energy Impact Statement prepared by Hugh Logan Architects date stamped 5th February 2010, Design and Planning Statement prepared by Hugh Logan Architects date stamped 22nd April 2010.
No development shall take place until samples of the facing, roofing and paving materials have been submitted to and approved in writing by the Planning Authority, and these works shall be carried out in accordance with the approved details.
No dwelling shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.
No dwelling shall be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, sheds, summerhouse, flag poles, decking, garages or tanks for storage of oil for domestic heating shall be erected without the express consent of the Planning Authority (other than those expressly authorised by this approval).
Before the development hereby permitted commences on the site, a soil survey of the site shall be undertaken and the results provided to the planning authority. The survey shall be taken at such points and to such depth as the planning authority may stipulate. If contamination is found a scheme for decontamination of the site shall be submitted to and approved by the Planning
Authority in writing and the scheme as approved shall be fully implemented and completed before any residential unit hereby permitted is first occupied.
7A In the event that any landfill gas is found as part of the soil survey work in accordance with Condition 7, no development shall take place until a scheme of gas protection measures for the development has been submitted to and approved in writing by the Planning Authority, and thereafter, the works shall be carried out in accordance with the approved detail before any residential unit hereby permitted is first occupied.
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and those works shall be carried out as approved. Details of hard landscaping works shall include boundary treatment, footpaths, driveways and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
The existing trees on site, other than those indicated to be removed on the approved drawings, shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that a tree should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, it shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation.
No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the planning authority, have been taken to safeguard all trees on the site together with those trees whose root structure may extend within the site, against damage or injury during construction works. In particular no excavations, site works, trenches or channels shall be cut, or pipes or services laid, or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
The development hereby permitted shall not be occupied until the highway improvement works to the New Castletown Road have been constructed in accordance with the approved drawings.
Before the access is first used a 4.5 metre x 90 metre visibility splay shall be provided in accordance with the approved drawings and thereafter the
visibility splay shall be kept clear of any obstruction to visibility over 1 m in height.
Prior to the occupation of apartment block F2, the disabled access ramp to the building must have been constructed in accordance with the approved plans.
Prior to its installation details of the equipment to be installed in the children's playground shall be submitted to and agreed in writing with the Planning Authority and the equipment installed shall accord with the agreed details.
The last two dwellings of the development hereby approved shall not be occupied until the approved play areas/public open space have been laid out and made available for use as such and equipment has been installed in accordance with condition 14 above.
The windows to be formed at first floor level in the side elevation of the houses on Plots 9 and 14 and in the west facing elevation of apartment F1 shall only be glazed or re-glazed with obscure glass.
No dwelling hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
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