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14/01218/A
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/01218/A Applicant : Mr John Dean (Trustee Of The Will Of Eileen May Dean) Proposal : Approval in principle for erection of seven detached dwellings with garages to replace existing dwellings and ancillary outbuildings addressing means of access Site Address : Ballabeg Main Road Glen Vine Isle Of Man IM4 4BA
Case Officer : Miss S E Corlett Photo Taken : 07.05.2015 Site Visit : 07.05.2015 Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF INTERESTED PERSONS WHO HAVE RAISED CONCERNS (ALTHOUGH SOME ARE ADDRESSED BY CONDITIONS)
THE APPLICATION SITE 1.1 The application site is the residential curtilage of a residential property, Ballabeg, which is located on the north eastern side of the A1 Peel Road in Glen Vine. The site is approx. 0.7ha in area and currently contains a detached dwelling that sits in spacious grounds set back approximately 50m from Peel Road. There are also a number of existing associated outbuildings contained within the site. The site has a vegetable patch/orchard to the south east.
1.2 The site is basically L-shaped, the boundary with Main Road is a 40m long stone wall and significant mature trees bound the majority of the remaining boundaries. The main dwelling is a traditional Manx house with a much more contemporary annex at the rear. With the exception of the furthest south eastern boundary the site is surrounded by existing residential properties. To the north west of the site is a single storey detached dwelling (Ambleside) with a long rear garden that stretches almost the entire length of the application site. To the south of the site are five detached properties (Suncrest, Burleigh, Reayrt Aalin, Genesee & Ballacosney) that are all accessed via Peel Road. To the north and north east of the site are the detached properties located within Park Close and Greeba Avenue.
1.3 There is a vehicular access onto Peel Road and also a very pleasant pedestrian access from Glen Vine Park. This is not to be affected by the proposal and is not within the applicant's ownership or control. It is a pleasant leafy lane and where the trees overhang the lane such that it would not be practicable to use the lane for vehicular traffic without the vehicle being scratched. The surface of the lane is also soil and was a little boggy in places.
THE PROPOSAL 2.1 Proposed is the principle of the construction of seven dwellings with associated roads and sewers on the application site. This compares with approval which has been granted previously for the principle and detail of four dwellings on the site. The difference in impact in the increase in the number of dwellings is minimal: no more trees will be removed as a result, the access will be in the same place and generally the access road within the site will be in
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the same place. Whilst there will be more dwellings, they will be smaller and the application is in principle so the precise position and size of the dwellings could be amended to take account of trees or other impediments.
2.2 Access is to be created through the demolition of the existing wall and a new boundary wall constructed to provide 1.8m wide footpath to match the existing footpath on the Douglas side (the existing footpath is 1.2m wide here) and the boundary wall to be no higher than 1.05m within the visibility splay which provides a minimum of 2.4m by 90m in each direction. The plans also show the reduction of the roadside wall fronting Sun Crest to no higher than 1.05m which can only happen with their agreement. The pedestrian access to the existing lane is also shown by way of a formal path 2.5m wide: the actual width of the existing lane is wider but narrowed by overhanging vegetation.
2.3 Drainage will be provided via new surface water and foul systems to the existing main system in the public highway.
2.4 Plans showing the position, type and height of existing trees together with their approximate canopy spread are included in the application together with an indication of those trees which are to be removed, and the application indicates that the Forester has agreed with the proposal. In his submission, the Forester indicates that he can find no record of consultation being undertaken.
PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application.
3.2 Planning application 09/00092/A sought planning approval in principle to demolish existing dwelling and ancillary buildings and erect four dwellings on the application site. This previous planning application was approved on the 11th December 2009 subject to nine conditions.
Condition no. 1: This approval is in principle only and no development shall commence until such time as reserved matters have been approved. The 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 planning approval. Such reserved matters shall form the subject of a single application and comprise details of siting, design, external appearance, internal layout, parking and landscaping.
Condition no. 2: The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Condition no. 3: This approval relates to the principle of demolishing the existing dwelling and ancillary buildings and erecting four dwellings, Ballabeg, Main Road, Glen Vine as shown by EMB/08/01A, Planning Statement and Photograph Sheets all received 22nd January 2009, 643/001 received 1st April 2009 and Tree Survey and EMD/09/01B received 29th October 2009.
Condition no. 4: There must be no discharge of surface water to the main foul sewer.
Condition no. 5:
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The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development
Condition no. 6: Means of vehicular access to the site shall be from Main Road, Glen Vine only.
Condition no. 7: The application for reserved matters must demonstrate that the development of the dwellings will not adversely affect the outlook or privacy of the dwellings alongside or the future of existing mature trees on site and that the height and position of the proposed dwellings have regard to the height and position of the existing surrounding dwellings.
Condition no. 8: The plans and particulars submitted in accordance with condition 1 above shall include: (a) a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75 mm, showing which trees are to be retained and the crown spread of each retained tree;
(b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply;
(c) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;
(d) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, within the crown spread of any retained tree or of any tree on land adjacent to the site;
(e) details of the specification and position of fencing [and of any other measures to be taken] for the protection of any retained tree from damage before or during the course of development.
In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.
Condition no. 9: The application for reserved matters must include details of how the access to the lane to the north west of the site is to be closed off to vehicular traffic.
3.3 Subsequent to this planning approval was granted to the reserved matters under PA 11/01260/REM for the four dwellings and associated access and drainage.
PLANNING POLICY 4.1 In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site is located within a wider area of land that is designated as existing predominantly residential use.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains seven policies that are considered specifically material to the assessment of this current planning application.
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4.3 Strategic Policy 1 states: "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."
4.4 Strategic Policy 2 states: "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."
4.5 Strategic Policy 5 states: "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."
4.6 Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." Glen Vine is one of the villages identified within this policy context.
4.7 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
4.8 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;
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(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."
4.9 Environmental Policy 42 states: "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."
REPRESENTATIONS 5.1 Manx Utilities Authority (Electricity) seeks consultation regarding the provision of electricity to the site (31.10.15). This is not a material planning consideration.
5.2 The owner of Garey Beg which is a relatively new dwelling not shown on the submitted plans but immediately to the rear of the site, objects to the application on the basis that the proposal is over-development of the site with the dwellings very close together and inevitably resulting in more traffic discharging out onto Peel Road which is very busy. The proposal will result in significant earth moving (20.11.14).
5.3 The owners of 27, Park Close which lies not next to the site but alongside the lane which provides footpath access to the site from Park Close and Glen Vine Park, have no objection to the increase in the number of dwellings on the site, but do object to any vehicular access to the site during or after the implementation of the development. They are opposed to a pedestrian accessway being provided as there is no reason for this (04.11.14). They have no additional comments to make following the submission of further plans (27.04.15).
5.4 The owner of 16, Glen Vine Park which lies alongside the pedestrian access to the site from Glen Vine Park, is concerned that the pedestrian access is too wide and has the potential to become a vehicular access. Any planning approval should be on the basis that no vehicular traffic is permitted to use this. He is concerned that the additional areas of hard surfacing will exacerbate existing surface water flooding issues at Marown TV when heavy rain has occurred. He would appreciate a condition requiring that the building compound is located within the site and subcontractors not allowed to be parked on the highway (06.11.14).
5.5 The owner of 26, Park Close which abuts the pedestrian access lane into the site from Glen Vine Park raises the same issues as the owners of 27, Park Close (05.11.14).
5.6 The owners of 25, Park Close register their concerns about the potential for the lane to Glen Vine Park to be used for construction vehicles or for the dumping of rubbish (08.11.14).
5.7 Initially Department of Infrastructure Highway Services recommended that the provisions for access were inadequate and that splays of 4.5m by 90m were required which cannot be provided on site. Whilst they would be prepared to relax the visibility splay to 2.4m by 90m, this cannot be achieved within the area edged red on the submitted plans (14.11.14).
5.8 The views of DEFA Forestry were sought. They advise that there are quite a lot of trees on site and of these the horse chestnut in the north western corner of the site is the most important. It is around 50ft high and DEFA would not like to see this tree removed. He is not aware that the Forestry Division has been consulted and could not get access to the tree survey so cannot comment further (24.11.14).
5.9 Marown Parish Commissioners indicate that they do not object to the application (21.11.14).
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5.10 The owners of Sun Crest point out that there is a garage at the top of the access drive which still remains on site and is not shown on the plans and they also consider that the density of development is not in keeping with the area. They have seen bat activity in the area and the garage or barn could be the roost site. They are concerned about the stability of the bank at the front of the site. The horse chestnut tree provides screening for their garden and the increased number of dwellings will lead to increased levels of traffic using a busy road with a lot of pedestrian traffic including children going to and from school. The Main Road is closed during TT and MGP practice and race periods (25.11.14). Following the submission of further plans attempting to address visibility, the owners of Sun Crest indicate that they will not oppose the application (29.04.15).
ASSESSMENT 6.1 The site is designated for development and approval has already been granted for the development of four dwellings on the site, which could still be implemented. As such, the issues in this case are whether the increase in the number of dwellings is acceptable, particularly having regard to the visual impact of the development as viewed by the public, the impact on the amenities of those in neighbouring property, the impact on additional dwellings accessing the highway and the impact on trees within the site.
6.2 The visual impact of the development will change through the increase in number of the dwellings on the site. However, as is often the case a decrease in numbers can lead to an increase in the size and height of properties although those shown in the earlier application were relatively spaciously laid out. It is also important that the development fits comfortably with the surrounding development and in this respect what is now proposed is perhaps more similar in terms of the size of dwelling to those properties around about although most of the properties have much larger gardens.
6.3 What is important at this stage is to be confident that the site is capable of accommodating seven dwellings and the proposed drawing confirms that it is without adversely affecting the amenities of those in adjacent property although an accurate tree survey needs to be provided as part of the reserved matters and a tree protection plan to demonstrate that all buildings and hard surfacing lies outwith the canopy spread of the trees. It is perfectly possible that the house positions and sizes can be adjusted to suit this and to avoid inter-visibility between proposed and existing windows and property.
6.4 Department of Infrastructure Highway Services now indicate that provisions for access are acceptable and the neighbour whose property is required to be altered to achieve this, has confirmed that they are happy with this arrangement.
6.5 Condition no. 9 of the earlier approval in principle required the reserved matters planning application to provide details of how the access to the lane to the north west of the site is to be closed off to vehicular traffic. The applicant's agent confirmed in the reserved matters application that a timber boarded gate measuring a maximum of 2m high by 1m wide will be installed between the application site and existing lane at the northern corner of the site. Access to the site via this gate will be restricted to pedestrians only. It is concluded that this accords with the requirements of the condition. This should be reiterated as the use of this lane by vehicles would have a seriously damaging impact not only on the amenities of those living alongside but also on the appearance of the lane itself which is a welcome small green lung within the village.
6.6 It is recommended that the application is approved subject to conditions. It is important to be aware that the reserved matters must comply with the requirements of the Strategic Plan, particular the standards of development set out in General Policy 2: the fact that there is an approval in principle does not override the need to comply with this.
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PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material: in this respect Department of Environment, Food and Agriculture is considered an interested person; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.
7.2 MUA does not raise material planning considerations and should not be afforded interested person status in this case.
7.3 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. In this instance, it is recommended that the owners of the following properties have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
Garey Beg 25, 26 and 27, Park Close 16, Glen Vine Park and Sun Crest, Main Road
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.05.2015
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 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 2.
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Application for approval of the reserved matters shall be made to the Department 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 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. No other development may commence on site until the access, complete with visibility splays of 2.4m by 90m as measured from the edge of the carriageway (as shown in drawing WL/14/1330/2A) has been formed and is available for use. Construction traffic and vehicular access to the proposed housing must be solely from this access point.
Reason: in the interests of highway safety and the amenities of those alongside the lane to the north west of the site.
C 5. Prior to any excavation or construction on site protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) must be erected around any existing trees shown on drawing WL/14/1330/2A to be retained. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 6. The application for reserved matters must demonstrate that the proposed dwellings and any hard surfaced areas are all outwith the canopy spread of all trees to be retained and the application must include an accurate survey of all trees on site together with a plan showing how these trees are to be protected during construction, in compliance with condition 5 above.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 7. The application for reserved matters must include details of how the access to the lane to the north west of the site is to be closed off to vehicular traffic. No approval is hereby granted or implied to any hard surfacing of the lane between the site and Glen Vine Park which would require planning approval and which could adversely affect the amenities of both the lane itself and use thereof, and those with property abutting the lane.
Reason: in the interests of protecting the amenities of the lane and those living alongside.
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This approval relates to drawing WL/14/1330/1 and WL/14/1330/3 received on 23rd October, 2014 and WL/14/1330/2A received on 20th April, 2015.
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 : ...PER... Committee Meeting Date:...18.05.2015
Signed :...S CORLETT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
YES/NO
Copyright in submitted documents remains with their authors. Request removal