DEC Decision Notice

Isle of Man

Government Saillyt Ellen Pannie

Design Point Architectural Cranford Cronk Y Voddy St Johns Isle Of Man IM4 3NS

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by Mr Arthur McHenry, ref 13/00593/A, for the Approval in principle for erection of two dwellings with access off Larch Hill Grove, to replace existing building at Cliff Cottage Carrs Lane Tromode Douglas Isle Of Man IM4 4QB for the following reason(s):

1. The development of the site for two dwellings, by reason of the limited size, shape, gradient and confined nature of the site, would appear cramped and visually obtrusive, to the detriment of the character and appearance of the site and surrounding area. The proposed development fails to comply with criteria (b) and (c) of General Policy 2 of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.
2. The site contains and is surrounded by trees, some of which have important visual amenity value. There is insufficient information provided with the application for the Planning Authority to properly consider the effect of the development on the trees, as well as no information on the condition and health of the trees. There is a risk that a number of trees of important amenity value would have to be removed which would be detrimental to the character and appearance of the site and surrounding area. Moreover, the proposed dwellings and their gardens would be in shade for much if not all of the time and there would be future pressure to remove existing trees of amenity value. The proposed development fails to comply with Strategic Policy 4 and General Policy 2 criteria (c) and (f) of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.
3. The development of the site for two dwellings, by reason of the cramped and confined nature of the site; the lack of useable amenity space; and the fact that much of the site will be in shade for most if not all the time, will afford the occupants of the development a poor and unsatisfactory living environment. The proposed development fails to comply with criterion (h) of General Policy 2 of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.
4. The application contains insufficient information on the method of foul and surface water drainage for the Planning Authority to ascertain whether adequate drainage infrastructure would be in place for the proposed development. The proposed development fails to comply with Infrastructure Policy 1 and General Policy 2 criterion (j) of the Isle of

Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.

NOTE The applicant may wish to enter into pre-application discussions with the Planning Authority about a reduced scheme of one dwelling. The applicant would need to be able to demonstrate that all the concerns raised in this refusal notice have been addressed. It would be advisable that any revised scheme is submitted with full details rather than an application for approval in principle due to the particularly challenging site constraints. It should be noted that this advisory note does not infer any acceptance of a scheme for one dwelling, but that the applicant may wish to have pre-application discussions with the Planning Authority about the possibility of such a proposal.

NOTE The applicant is advised that any new proposal should include an updated site location plan which accurately shows the position of the new dwellings to the immediate north of the site (the area is still shown as a warehouse/storage building).

Date of Issue: 21st August 2013

M Gallagher

Director of Planning and Building Control Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml.

Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

13/00593/A

Officer's Report

Application No. :	13/00593/A
Applicant :	Mr Arthur McHenry
Proposal :	Approval in principle for erection of two dwellings with access off Larch Hill Grove, to replace existing building
Site Address :	Cliff Cottage Carrs Lane Tromode Douglas Isle Of Man IM4 4QB
Case Officer :	Mr Edward Baker
Photo Taken :
Site Visit :	12.06.2013
Expected Decision Level :	Officer Delegation

The Application Site

1. The application site is an area of unused land situated adjacent the west end of Larch Hill Grove, a residential cul-de-sac in Onchan/Douglas. The site is accessed off the turning head at the end of the road, which also serves a row of new houses to the north. The site is tucked in behind and beside Nos. 17 and 19 Larch Hill Grove and the new houses.

1. The site falls away steeply from east to west from the access. The rear of the site is shrouded in trees which form part of a large tree buffer between the residential estate and Tromode Industrial Estate, which is situated to the west on lower ground. There are further trees along the south boundary of the site shared with No. 17 Larch Hill Grove. Much of the site is grassed and overgrown and does not appear to be regularly maintained. There is a derelict split level cottage within the trees on the south part of the site. The side of the cottage abuts the back of the rear garden of No. 17 Larch Hill Grove.

The Proposal

1. The application seeks approval in principle for the erection of two dwellings. It is unclear as to which matters are to be reserved and which, if any, are to be determined now. The application is accompanied by an indicative layout which shows one dwelling where the existing derelict cottage is located; and a further dwelling alongside the boundary to the site with No. 17 Larches Hill Grove.

1. The planning officer has raised a number of concerns about the application with the agent. These are set out in detail in this report and were relayed by email on 13 June; however, there has been no response to date.

1. The application is identical to an earlier scheme approved in 2010, but which is no longer extant (10/01457/A).

Planning History

1. 10/01457/A - approval in principle granted in 2010 for the erection of two dwellings on the same site. The time deadline for submission of reserved matters was November 2012. The approval is no longer extant and cannot be implemented.
2. 05/01709/B - approval granted at appeal in 2006 for the erection of six semi-detached dwellings on the land to the north. The approval has since been implemented.
3. 98/00608/B - application refused at appeal in 1999 for the erection of four dwellings on the land to the north.

Planning Policy

1. The Onchan Local Plan 2000 zones most of the site, including land outside the site to the north where the new houses have been built, for new residential development. The only part of the site which it outside this zoning is the existing derelict cottage on the southern part of this site. This is in an area recognised as being in predominantly residential use.
2. Strategic Policy 4 of the Isle of Man Strategic Plan 2007 is relevant:

Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.

1. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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; (1) 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.'

1. Transport Policy 7 of the Isle of Man Strategic Plan 2007 states:

The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

1. Infrastructure Policy 1 of the Isle of Man Strategic Plan 2007 is relevant:

With the exception of individual plots or very small-scale schemes (equivalent in scale to an individual plot), development shall only take place in areas which will ultimately be connected to the IRIS system.

Representations

1. Onchan District Commissioners - recommend approval.
2. Douglas Borough Council - no objection.
3. Highways Division - no objection.
4. Manx Electricity Authority - recommends that the applicant discusses power supply issues with them.
5. DEFA (Arboricultural Officer) - comments as follows:

• $\quad$ The trees can be divided into two groups - the trees around the derelict cottage and the more important trees on the steep bank at the back of the site adjacent the Tromode Industrial Estate;
• $\quad$ The removal of the trees around the derelict cottage would not be a significant loss;
• $\quad$ There are some very nice trees in the second group along with some less valuable selfseeded sycamores and a suppressed horse chestnut. These trees might belong to the industrial estate next door;
• $\quad$ There is a scrubby elm of no real significance on the boundary with No. 17. The trees beyond the boundary of No. 17 would not be affected although occupants of the new dwelling could try to apply pressure to have trees removed because of shading and absence of natural light;
• $\quad$ The planning officer's suggestion of requesting a full tree survey from the applicant is a good one as it may flag up decay problems at the base of the large trees which couldn't be viewed due to the steepness of the bank. These trees appear to be healthy.

1. Isle of Man Water \& Sewerage Authority - no objection, subject to the following:

• Connection to the public sewers to the satisfaction of the WSA
• No discharge of surface water to foul drainage systems

1. Representations - the owner/occupier of No. 19 Larch Hill Grove has made the following comments. Their property abuts the southern edge of the site.

• $\quad$ They only found out about the application when they saw a surveyor and the applicant on site
• $\quad$ They have not seen a site notice and the applicant should put one up so as to publicise the application to other neighbours
• $\quad$ Concerned that access to their home might be impeded and that any damage caused to the roadway during demolition/construction should be dealt with by the applicant

• The trees on the site are visually very important and they would formally object to any proposals to limb or fell the trees.

Assessment

Whether the site is suitable in principle for new housing

1. The site is either zoned for new housing or is within an area of predominantly residential use according to the Onchan Local Plan. This establishes that development of the site for housing is acceptable in principle. Moreover, the site has previously benefitted from approval in principle for the erection of two dwellings. The site is situated in an urban context with good access to shops, services, jobs and public transport. The proposal would make effective use of land. Having regard to these factors, the site is considered suitable in principle for new housing. The acceptability of the proposal should therefore be dependent on the other usual land-use planning considerations discussed below.

The effect of the proposal on the character and appearance of the area

1. The site is an unusual and oddly shaped piece of disused land. There is a derelict cottage on the site, but it appears that this has not been occupied for some time and is now overgrown. The site comprises three narrow elements in a broad "T" configuration. It is also very steep in places and surrounded by trees on its west side on a steep bank. These characteristics make development of the site difficult.
2. The indicative layout provided with the application is identical to the previous approved scheme, which is no longer extant. Nevertheless, fresh consideration of the development proposals raises a number of concerns and these have been relayed to the agent, but with no response. It is considered that the site is too narrow and confined to accommodate two dwellings. There would be little amenity space and the dwellings would appear cramped. There are trees on and immediately adjacent the site and these are a core component of the character and appearance of the area. It is unclear how these trees will be affected by the proposals. The dwellings would be in shade for most if not all the time and there could be significant future pressure to remove or carry out significant works to them. DEFA have been consulted on the application and have provided detailed comments. They would support the submission of a full tree survey to examine the impact of the development on existing trees.
3. In short, the limited information provided with the application suggests that the proposal would be overdevelopment of the site. The proposals would likely adversely affect existing important trees on and surrounding the site and would lead to pressure to remove them. For these reasons, it is considered that the proposal would be harmful to the character and appearance of the area and the application should be refused.

The effect of the proposal on residential amenity

1. As mentioned, it is considered that the proposed dwellings would be afforded little amenity space. Contributing factors would be the site's relatively small size, the need to accommodate access and parking for both dwelling, the odd shape of the site, and the fact that the site would be in shade for much of the time. It is considered that the development would therefore provide a poor living environment and for this reason the application should also be refused.
2. It is considered that the site can accommodate two dwellings without harm to the residential amenity of neighbouring dwellings. Regard is had to the location of the existing cottage at the bottom of the garden of No. 17 Larch Hill Grove. The indicatice layout shows a new dwelling in a similar position and it could be designed so that there would be no greater impact on No. 17 than the existing situation. The other dwelling is shown to the side of No. 17

and again it could be designed so as not to impinge upon their amenity. Other neighbours are unlikely to be affected.

Access and parking

1. The Highways Division has offered no objection to the application. The access drive into the site would be very steep although the Highways Division do not raise any technical concerns about this. The indicative layout indicates that there should be sufficient space for the parking and turning of two vehicles for each of the dwellings. There is no evidence before the Planning Authority to suggest that adequate access and parking could not be provided.

Drainage

1. The application is vague on the method of foul and surface water drainage disposal, indicating that the 'adjacent manhole' will be used. It is considered that insufficient information has been provided with the application for the Planning Authority to assess whether appropriate drainage infrastructure would be in place to serve the two dwellings. This amounts to another reason for refusing the planning application.

Other issues

1. The owner/occupier of No. 19 Larch Hill Grove says that they have not seen a site notice at the site. Their comments were received some time after the application was advertised and may have missed the notice, if it was indeed erected. The erection of a site notice is the responsibility of the applicant. It appears that the P2 form confirming that the notice has been erected has not been returned.

Summary

1. The assessment of the application has raised a number of significant concerns. It is recognised that approval in principle has previously been granted for an identical scheme, however, a fresh perspective of the proposals has highlighted a number of problems which cannot and should not be ignored. There might be scope for development of the site for one dwelling although this would require all of the concerns outlined in this report to be addressed. It would be appropriate under the circumstances to add an informative to the refusal notice to invite the applicant to enter into pre-application discussions with the Planning Authority about a reduced scheme of one dwelling. It is prudent that a future planning application should be detailed rather than approval in principle because of the particularly challenging site constraints.

Recommendation

1. It is recommended that the application is refused.

Party Status

1. The following parties should be afforded Interested Party Status:

• The Local Authority, Onchan District Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
• DEFA on the basis of the potential impact of the development on the trees on and surrounding the site

• 19 Larch Hill Grove as they directly abut the application site and raise relevant material planning considerations
• The Isle of Man Water \& Sewerage Authority in view of the concerns about drainage.

1. The following parts should not be afforded Interested Party Status:

• Douglas Borough Council is not the local authority for the area and has not raised any planning issues in their response.
• The Highways Division is part of the Department of Infrastructure and not an Interested Party.
• The Manx Electricity Authority doesn't raise any material planning considerations.

Recommendation

Recommended Decision: Refused

Date of 06.08.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

R 1.

The development of the site for two dwellings, by reason of the limited size, shape, gradient and confined nature of the site, would appear cramped and visually obtrusive, to the detriment of the character and appearance of the site and surrounding area. The proposed development fails to comply with criteria (b) and (c) of General Policy 2 of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.

R 2.

The site contains and is surrounded by trees, some of which have important visual amenity value. There is insufficient information provided with the application for the Planning Authority to properly consider the effect of the development on the trees, as well as no information on the condition and health of the trees. There is a risk that a number of trees of important amenity value would have to be removed which would be detrimental to the character and appearance of the site and surrounding area. Moreover, the proposed dwellings and their gardens would be in shade for much if not all of the time and there would be future pressure to remove existing trees of amenity value. The proposed development fails to comply with Strategic Policy 4 and General Policy 2 criteria (c) and (f) of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.

R 3.

The development of the site for two dwellings, by reason of the cramped and confined nature of the site; the lack of useable amenity space; and the fact that much of the site will be in

shade for most if not all the time, will afford the occupants of the development a poor and unsatisfactory living environment. The proposed development fails to comply with criterion (h) of General Policy 2 of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.

R 4. The application contains insufficient information on the method of foul and surface water drainage for the Planning Authority to ascertain whether adequate drainage infrastructure would be in place for the proposed development. The proposed development fails to comply with Infrastructure Policy 1 and General Policy 2 criterion (j) of the Isle of Man Strategic Plan 2007 and is unacceptable. There are no material considerations which override these concerns.

O 1. The applicant may wish to enter into pre-application discussions with the Planning Authority about a reduced scheme of one dwelling. The applicant would need to be able to demonstrate that all the concerns raised in this refusal notice have been addressed. It would be advisable that any revised scheme is submitted with full details rather than an application for approval in principle due to the particularly challenging site constraints. It should be noted that this advisory note does not infer any acceptance of a scheme for one dwelling, but that the applicant may wish to have pre-application discussions with the Planning Authority about the possibility of such a proposal.

O 2. The applicant is advised that any new proposal should include an updated site location plan which accurately shows the position of the new dwellings to the immediate north of the site (the area is still shown as a warehouse/storage building).

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : Determining officer (delete as appropriate) Signed : Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Sianed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager

PA13/00593/A Mr Arthur McHenry Approval in principle for erection of two dwellings with access off Larch Hill Grove, to replace existing building, Cliff Cottage Carrs Lane Tromode Douglas Isle Of Man IM4 4QB Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 20.05.2013, includes;

Dev Control Polygons: Reference Number: 10/01457/A Status: Permitted Proposal: Approval in principle for the erection of two detached dwellings to replace existing building Reference Number: 05/01709/B Status: Permitted on Review Proposal: Erection of six semi detached dwellings with access from Larch Hill Grove and creation of new access drive to Cliff Cottage Reference Number: 10/01183/A Status: Application Withdrawn Proposal: Approval in principle for the erection of three dwellings to replace existing building

BC Case Polygon: Reference Number: 11/00006/BCD BC Case Status: Proposal: Demolition of Cliffe Cottage as per drawing number 1, project P10 185

Site Notes

• Derelict cottage. Any planning history > Abandoned?
• What matters are reserved.
• No small for two dwellings.
• Frees/secondary site. e.g. next to No 13 +
• The entrance would not be returned.
• Need full tree survey.
• But too dark + pressure for trees to be
• Felted in future?
• Women will use to me well - check history +
• Was the Doug Chuth, DEFRA. re: me, lawful use
• Need a full application, maybe a single
• Grand Designs type property. Ed Baker 12/6/23