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Centres' and is thus covered by Spatial Policy 3 which indicates that the 'service centres' where appropriate should increase employment and housing should be provided to meet local needs. 6.6 Consequently, provided the application satisfies the other material planning considerations, then the principle of development is considered acceptable. Other factors that need to the consideration are; whether developing this site would adverse effect the visual amenities of the area, potential highway issues, impact on privacy, outlook or other amenities of those in the adjacent dwellings. These issues will be considered later in this report. Environment Policy 42 is perhaps one of the most relevant polices to consider with the determination of this application as this indicates 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. Those open or green spaces which are to be preserved will be identified in Area Plans."
Potential impacts upon neighbouring amenities 6.8 Generally, the main potential issues of development to neighbouring amenities relate to loss of light, overbearing impacts upon outlook and/or overlooking resulting in a loss of privacy. 6.9 The objectors of 'The Smithy' have raised concerns in relation to the proposal would have an overbearing impacts upon their outlook and overlooking resulting in a loss of privacy. In relation to the first concern, the overbearing impact, the proposed dwelling would be sited 44 metres (raised terrace 40 metres) to the north of the rear conservatory ( 48 metres to main dwelling house). Currently, the northern (rear) boundary of 'The Smithy' which fronts onto the rear lane of Ashbourne House consists of a timber fence with sections of trellis fencing above (approximate overall height of 1.8 metres). Vegetation can also be found growing up the trellis fencing (ivy), but also larger trees (albeit these trees are not directly in line with the proposed dwelling and The Smithy). Immediately to the north of this boundary are a number of well-established trees (note 6 on drawing 020 REV A). The ground level of this treed area is set above the ground level of the rear boundary of 'The Smithy' by approximately 0.5 metre to 1 metre. The submission also includes planting an additional belt of evergreen shrubs (note 9 on drawing 020 REV A), immediately adjacent to the existing treed area, to increase the level of natural screening. Furthermore, the applicants are proposing to create a new landscaped embankment (resulting spoil from the 'digging in' of the dwelling in hillside) and to plant additional landscaping and trees on top, to the southeast and southern elevation of the proposed dwelling. 6.10 Due to the level differences between the site and 'The Smithy', the level of existing and proposed landscaping, the height and design of the proposed dwelling, and the distance the proposal would be from 'The Smithy', it is likely, especially from ground floor level (conservatory/garden area), views of the dwelling even during winter periods would not be significant and perhaps only the upper parts (i.e. roof level) of the dwelling would be apparent. Overall, it is considered the development would not result in significant overbearing impacts upon the residential amenities of the occupants of 'The Smithy' to warrant a refusal. 6.11 In relation to the potential overlooking impacts upon the amenities of the occupants of the 'The Smithy', the occupants have raised concern that the proposal would look into their rear conservatory and first floor leisure room resulting in a loss of privacy. Generally, the Planning Authorities guideline is that directly facing windows should be at least 20 metres apart to ensure no significant overlooking would occur. The closest window facing the conservatory of the 'The Smithy' would be 45 metres away ( 49 metres from 1st floor window) which is more than double the general guide of directly facing windows. Whilst it is accepted
the proposed dwelling's finished floor level is above the floor level of 'The Smithy' and therefore there can be the opportunity for a greater level of overlooking compared to two sites with the same ground levels, it is considered in this case, the distances and the existing/proposed landscaping between the two dwellings are such that there would be no significant overlooking from the proposed dwelling, which would result in a loss of privacy to warrant a refusal. 6.12 The proposal does include an external decking area which would be 40 metres from the rear conservatory of 'The Smithy'. Again for the reasons indicated with paragraph 6.11 it is considered the level of potential overlooking would not be so significant as to warrant a refusal. 6.13 Further neighbouring properties which could also be most affected by the development would be the occupants of 'Croit Greanagh' and 'Palm Cottage' (no objection received). These properties have a similar position, ground level, distance and orientation between the new dwelling and 'The Smithy'. Their northern boundaries (rear) comprise of approximate 2 metre high mature hedgerow, which again backs onto a rear lane and beyond this is an allotment area which includes a green house. Again for the reasons identified within this report why the proposed dwelling would not significantly affect the amenities of the occupants of 'The Smithy', it is considered the reasons are very similar and it is concluded the proposal would not impact upon the residential amenities of either property 'Croit Greanagh' and 'Palm Cottage'. 6.14 Consideration should also be given to the potential impact upon the amenities of 'Ashbourne House'. Whilst the ownership of the proposed dwelling and 'Ashbourne House' are currently the same, there is a high potential that in the future the dwellings could be in separate ownership and be used totally independently of each other. The mains issues relate to the loss of external amenity space (i.e. the rear garden area). In relation to the loss of the rear garden, it should firstly be noted that this garden area is a fairly recent additional to 'Ashbourne House'. As identified within the planning history section of this report, an application was approved for a change of use from the field to a domestic garden (90/01713/C). Previous to this it is assumed the original main external amenity space (i.e. garden) was that which fronts the property today (to the west of front elevation, facing the A3). Arguably, this garden area sits more comfortably than the larger rear garden (site of proposed dwelling) given its position, distance and location between an area of driveway/parking area that does not appear especially connected to 'Ashbourne House'. Consequently, the loss of this garden is acceptable. 'Ashbourne House' does still retain an acceptable level of external amenity space. The proposal does show that approximately half the garden to be hardcored, to create two parking spaces and a turning head. Planning Application 09/00155/B gave approval for the widening of existing vehicular access, and driveway alterations. These alterations included the hardcoring of the entire front garden to create a larger parking area. However, when this was approved, the larger rear garden was to be retained as a garden area. With this potentially now being used to accommodate a new dwelling, it is perhaps more important to ensure the existing front garden be retained as it is today. Consequently, if this application is approved it should be conditioned that this parking area (applicants wish a small turning head to still be provided) be omitted and the garden retained thereafter. It should be noted there is significant parking provision to the rear of the 'Ashbourne House' to accommodate parked vehicles.
Potential adverse impacts upon highway safety 6.15 The applicant has been in discussion with the Highway Division to ensure an acceptable means of access is provided to accommodate not only the existing property 'Ashbourne House' but also the proposed dwelling. The access is located approximately 70 metres north of the Ballacraine crossroads. As identified earlier the current visibility is approximately 4 metres in either direction, which makes the access very poor in terms of providing visibility and a potential highway safety issue.
6.16 Planning permission was granted for alterations of the access (09/00155/B) which would have resulted in increasing the width of the entrance from the existing 7.25 metres to 16 metres, which also improved visibility when exiting this access. No trees were proposed to be removed as part of this submission albeit the visibility splays achieved were not as great compared to what is now being proposed (especially in a northerly direction). 6.17 The new application has proposed two options. The first, option A, would propose to increase the width of the access onto the highway from the existing 7.25 metres to 15 metres. Also the access would be slightly repositioned further south towards Ballacraine crossroads. To provide an improved visibility in a northerly direction the proposal would require the alterations to the immediate roadside embankment next to the access and the removal of a mature sycamore tree. It is proposed to replant an oak tree four metres back from the sycamore tree. This option would provide visibility of approximately 53.5 metres to the centre of the road ( 31.5 m to nearside road edge) when existing the site looking in a northerly direction towards Kirk Michael. In a southerly direction towards Ballacraine crossroads visibility of approximately 45 metre to nearside road edge would be achieved. 6.18 Option B proposes to again undertake the same alterations to the access (width & repositioning); however, the proposal goes a step further by making further alterations to the immediate roadside embankment next to the access and would require the removal of a second mature Sycamore tree further to the north. This option would provide visibility of approximately 77.5 metres to the centre of the road ( 60.6 m to nearside road edge) when existing the site looking in a northerly direction towards Kirk Michael. In a southerly direction towards Ballacraine crossroads visibility of approximately 45 metre to nearside road edge would be achieved. 6.19 It should be noted that the majority of the roadside bank will remain unaffected by the proposal, except the areas where the trees will be removed and the resulting hole would be re profiled to match the banking either side. 6.20 As stated earlier the Highway Division have been in discussion with the applicant and have considered the additional traffic generated by the new dwelling, the current visibility splays, the visibility splays which could be achieved, albeit below the full standard, but have concluded that whilst the increase in traffic due to the additional dwelling, this is outweighed by the significant improvement in visibility that will benefit all road users by undertaking Option B. Due to these conclusions by the Highway Division it is considered the proposal from this respect would be acceptable. A condition would be required to be attached stating that Option B be undertaken prior to any other works being commenced (ensure best possible visibly for construction traffic) and retained thereafter. 6.21 As required by the Isle of Man Strategic Plan two off road parking spaces are required for each dwelling. The proposed layout shows this can be provided as well as turning facilities. Parking for 'Ashbourne House' is unaffected by the proposal. 6.22 There is one aspect of the scheme which does potential raise concern, and this relates to the proposed internal locked gate (note 10). This locked gate would be accessed by the continuation of the driveway in a westerly direction to the new gate which is 24 metres to the north of the existing gated access (between The Smithy and Croit Greenagh), which accesses onto Peel Road. The reason for the locked gate and a section of driveway is to provide access to the dwelling during TT/motor racing road closure periods only. The previous planning application (04/01156/A) on this site was an approval in principle for two dwelling on the site. This raised serious concerns that the use of this access was inappropriate on a daily basis, as the use of vehicles would seriously harm the amenities of adjacent properties particularly 'The Smithy' and 'Croit Greanagh', which are adjacent to the access road. Whilst the submission proposes to provide an internal locked gate (existing access gate to remain but not to be
locked as suggested initially by applicant) enforcing this would be very difficult for the Planning Authority (i.e. a member of the authority would need to continually check the gate was locked). Accordingly, it has been discussed with the applicant that should the application be approved, a condition be attached requiring a further drawing which omits the gate and the aspect of the driveway which it would serve. Occupants would still be able to use the existing access onto Peel Road, but would have to use the existing lane (which also would serve 'Ashbourne House'). This route would be less convenient (opening/closing gate, tight manoeuvre where the shared driveway meets, longer distance to drive compared to initial proposal and being a narrow lane) and would potentially ensure person occupying the proposed dwelling would on a day to day basis, use the main entrance onto the A3 instead.
Potential visual impact upon the street scene 6.23 When travelling from Ballacraine crossroads towards the application site (eastern views), the first 70 metres of the area is characterised by built development to the western side of the A3 road (with 'Ashbourne House' being the last property), whilst the opposite (eastern) aspect of the road is characterised with large mature trees, hedgerows and Manx sod bank. This roadside landscaping continues further north, past 'Ashbourne House', on both sides of the A3 road, essential to the Cronk Y Voddy Straight. From this location the proposed dwelling would be very limited from public views. This is due to existing built development (Pinewood studios & Ashbourne House), the topography of the land between the A3 road and the proposed dwelling and given the western roadside boundary which consists of tall Manx sod banks, large mature trees and hedgerows. It is considered the only location where the dwelling would be apparent from the A3 road, would be just south of the field gate, which is to the north of the access of the dwelling. From this point only the upper gable end of the east elevation would be apparent. The majority of people travelling along this section of the A3 are unlikely to notice this aspect, and if they did, it is for a very limited view and a distance view, which does not have a significant impact upon the amenities of the area. 6.23 In relation to views from Peel Road (i.e. to the south and west of the application site) the majority, if not all of the dwelling, would be screened by the existing built development along the northern side of Peel Road. The main public view would be limited to views from the existing gated access between The Smithy and Croit Greanagh. However the applicants are proposing landscaping to lessen the visual appearance of the dwelling. This view is very limited and would not significantly affect the character or appearance of the area. 6.24 In terms of the scale, form, design and finish of the proposed dwelling, it certainly has traditional characterises (as identified within paragraph 2.4 of this report). The use of traditional materials and the proportion and form of the dwelling is of a traditional nature. However, due to its size and particularly its width, it cannot be said to replicate a true traditional Manx cottage, which is generally very modest in size. Comments have been received that the dwelling would be out of keeping with the traditional properties in the area. It was noted when visiting the area, the properties fronting onto Peel Road which are between the Peel Road and the proposed dwelling (i.e. The Smithy, Croit Greanagh, Palm Cottage and Hillside) are all traditional two storey properties, albeit they are all of a slightly different designs. Travelling further west along Peel Road, immediately adjacent to Hillside, is Ballochyle, which is a modern bungalow which is also set back 16 metres from the Peel Road, and due to the raising ground level of the area is also set above the road level. There are a further three modern bungalows which are similar to Ballochyle, with a similar setback and set above the road level. From this point, heading towards Tynwald Hill a variety of properties can be found ranging from traditional terraced and two storey detached properties to more modern bungalows and two storey traditional properties. It was also noticeable that the fairly recently (1990's) constructed dwellings at Parsonage Glebe. It is also worth noting that these properties are setback from the Peel Road a similar distance and with a similar topography to the proposed dwelling. They are also significantly more apparent from the Peel Road then
the proposed dwelling would be, having a large shared driveway with green space either side, between them and Peel Road. Furthermore, the dwellings are also a full two storey in height and modern in appearance. 6.25 Overall, whilst there are traditional vernacular properties along Peel Road in St Johns Village, there are a substantial number of more modern properties in the immediate vicinity of the site and throughout the village all along the Peel Road. Consequently, it is considered the scale, form, design and finish of the proposed dwelling would be appropriate to this site and the area.
Potential impacts upon roadside trees 6.26 As identified within paragraphs 6.17 and 6.18 there would be the requirement for either one or two mature Sycamore trees along the western roadside boundary (A3) to be removed to provide the proposed visibility splay. The applicants have stated the Southern Forrester (DEFA) in October to discuss the possibility or removing one or both of the roadside Sycamore trees and that he no objections subject to an Oak tree be planted 4 metres within the site. The Southern Forrester has indicated that: "The tree is a multi stemmed sycamore which is growing on top of the sod hedge. It has good aesthetic form when viewed from a distance and forms part of a hedgerow line of trees located adjacent to the main road. Although its removal may not be too noticeable within the local landscape I would be concerned if further tree removal is required to obtain the necessary safety distances for access and egress purposes if this is indeed required.
Regarding tree replacements I believe that at least three trees should be replanted for any that are removed." 6.27 Following these comments the applicant has been in further discussion and provided potential additional planting within the site. Accordingly the Southern Forrester has indicated that: "I don't believe there would be an issue with the removal of the two trees as indicated on the plans providing replanting was undertaken as near to the road as practicable. I would suggest that hawthorn hedging adjacent to the highway might be more appropriate as the trees will not grow too large and overshadow the main road. Further replanting could be undertaken elsewhere on the site." 6.28 As identified within paragraph 6.23, the section of the A3 beyond Ashbourne House, is characterised by large mature roadside trees, which essentially form a natural tunnel above the road. The proposal to remove two sycamores would have a visual impact; however, given the large number of trees remaining either side of the A3 road it is not considered the loss would have a significant adverse impact upon the amenities of the area. It would also significant improve visibility to the existing property Ashbourne House and it is likely an approval would be recommend for such works to be undertaken, whether the additional dwelling was proposed or not. The existing entrance to Ashbourne House is well below standard and has very poor visibility.
7.1 In conclusion for the reasons given within this report it is considered the proposals would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved subject to conditions.
8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) (Nr2) Order 2013, paragraph 6 (4) (e), and should be afforded interested party status:
German Parish Commissioners The Department of Infrastructure Highways Division The owners/occupants of 11 Hope Street, Douglas The owners/occupants of Smithy House Garage, Ballacraine, St Johns 8.2 It is considered that the following party that made representations to the planning application by virtue of the Town and Country Planning (Development Procedure) (Nr2) Order 2013, paragraph 6 (4) (e), are not considered to be "interested persons" and as such should not be afforded party status:
The Manx Electricity Authority IOM Water & Sewerage Authority
Recommended Decision: Permitted
Date of 16.01.2014 Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the submitted documents and the following plans 010, 020 REV A, 021, 050, 051, 053, 070, 080, 081 and 090 received on 5th August 2013 and 29th November 2013.
C 3. Prior to the commencement of any works a detailed, a scaled plan is required to be submitted to and approved in writing by the Planning Authority and approved which includes the removal of the parking area (small provision for a turning head) fronting Ashbourne House and the removal of the internal "locked" gate and driveway serving this gate. This development is required to be implemented in accordance with this approved plan and retained thereafter.
C 4. Prior to the commencement of any excavation or building works on the new dwelling, the proposed access, complete with visibility splays as shown in drawing reference 053 (Option B) must be in place and available for use.
C 5. 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 these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. Details of the soft landscaping works include additional planting to the east and south of the dwelling and nearby roadside (A3) planting. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees 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.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Committee Meeting Date :
Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
PA13/90931/B Mr Jonathan Bradburn Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access, Ashbourne House Ballacraine St Johns Isle Of Man IM4 3NF Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 07.08.2013, includes;
Dev Control Polygons: Reference Number: 13/90931/B Status: Pending Consideration Proposal: Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access Reference Number: 08/01847/B Status: Permitted Proposal: Installation of replacement windows and erection of a porch Reference Number: 92/01618/B Status: Permitted Proposal: Construction of detached garage, Ashbourne House, Ballacraine, German. Reference Number: 90/01653/B Status: Permitted Proposal: Erection of amateur radio mast, Ashbourne House, Ballacraine, German. Reference Number: 90/01658/B Status: Permitted Proposal: Extension to form swimming pool enclosure, Ashbourne House, Ballacraine, German. Reference Number: 04/01156/A Status: Refused on Review Proposal: Approval in principle for the creation of plots for two dwellings on site to rear and side of Palm Cottage, Croit Greanagh and Reference Number: 09/00155/B Status: Permitted Proposal: Widening of existing vehicular access, and driveway alterations
BC Case Polygon: Reference Number: 90/02879/OTH BC Case Status: Building Work Complete Proposal: Radio mast Reference Number: 91/02241/DEX BC Case Status: Building Work Complete Proposal: Extension to swiming pool enclosure Reference Number: 93/02184/DGA BC Case Status: Building Work Complete Proposal: Detached Garage Reference Number: 91/02024/DEX BC Case Status: Plans Rejected Proposal: Swimming Pool enclosure Reference Number: 96/07156/DEX BC Case Status: Building Work Complete Proposal: Kitchen extension
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