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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site constitutes two undeveloped parcels of land one of which lies alongside and to the south of Ballanard Road (A22). This site has a frontage to the main road of 58m and the edge of the site then follows the edge of the Castleward Green estate road to the south by 38m before turning east, following the estate road to join the boundary of Ashley House and returning up to join Ballanard Road along the boundary with Aysgarth (now known as Vejle). The site has an area of 0.2 hectares (0.6 acres). The other part of the site is a parcel of land which lies to the south of the first parcel, across the Castleward Green estate road and is 0.18 ha (0.4 acres) in area. This land slopes downward towards the south and is largely overgrown although there are some shrubs which appear to have been planted at some point but which have not been maintained and gorse has also encroached into this area.
1.2 To Ballanard Road the boundary is formed by an undulating grass hedge with various shrubs growing within it, one major tree and gorse. The site slopes downward to the south and is generally open and grassed other than for patches of gorse.
1.3 Ballanard Road has a traffic speed limit imposed from Glencrutchery Road until Aynsgarth from where traffic speed is unrestricted.
1.4 Electricity overhead lines run parallel with Ballanard Road at the northern edge of the site.
1.5 Castleward Green is a low density estate of eleven dwellings in 1.9 ha (4.8 acres) - a density of 2.2 dwellings per acre which is higher than low density housing in parkland which requires each dwelling to be set in its own acre of landscaped grounds, but significantly lower than most residential development - for example, the housing on the southern side of Ballanard Road is around 4 dwellings per acre and the development at Johnny Watterson's
Lane opposite Willaston is much higher at 11 dwellings per acre even including the public open space provided within the development.
2.1 Proposed is the principle of the erection of two dwellings on the application site and the use of an area to the south as public open space. The plans provided illustrate how the dwellings would be accommodated on the site, with access off Ballanard Road and positioned around 12m back from the highway. Access would be beneath the existing overhead electricity line as with many other properties on this side of Ballanard Road other than at Ballanard Woods where the supplies have been undergrounded.
2.2 The applicant describes the area for proposed public open space as having been identified "by several planning inspectors as suitable for future development". No further information is provided in this respect. They consider the proposed public open space as suitable for the existing and proposed Castleward Green housing and any further development on the land to the west. They consider this area "highly visible" from the public view from Ballanard Road and in need of upgrading such that it is more in keeping with the housing in Castleward Green.
2.3 The applicant suggests that the site lies within the 30 mph speed limited area (it is actually just outside as the speed sign lies outside Aynsgarth) and on a road served by buses and has a pedestrian footway all the way into Douglas town.
2.4 The area for proposed public open space is, they consider, suitable for this use as it is designated as Open Space or Woodland.
2.5 They consider the development complies with Strategic Policy 1 and note that the Douglas Local Plan is 6 years out of date (it was adopted in 1998) and it is unlikely that the Area Plan for the East will not be adopted until 2018 at the earliest and as such the realisation of such windfall sites is important. They consider that the tidying up of the site will be a benefit for the local residents.
2.6 The application includes a report from a Landscape Architect who recommends that their approach has been as follows:
2.7 They describe the proposed rear boundary of the proposed dwellings to be formed by a mixed native hedgerow with extra heavy standard tree planting to provide increased vertical emphasis. The hedge will be separated from the footpath by a mown grass verge which will continue into Castleward Green and join the existing landscape at Ashley House.
2.8 The proposed public open space will comprise a combination of mown grass, paved seating areas and footpaths with new tree, woodland and shrub planting. They describe the intention as trying to create a well maintained landscape in keeping with the semi-urban character of Castleward green. They say that the landscaping will gradually soften and feather out through a combination of rough mown grass, native woodland and hedge planting that
will provide a backdrop similar in character to the adjacent field boundaries. This area will be offered to Douglas Borough Council for adoption.
3.1 The site lies within an area designated on the Douglas Local Plan (North) of 1998 as Residential in respect of the area for the two dwellings and part of a wider area of Open Space or Woodland/Agricultural land in respect of the area of public open space.
3.2 As such, the development of the two houses should be considered in respect of General Policy 2 of the Strategic Plan as follows:
"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:
3.3 The Strategic Plan sets out its policies under the umbrella of the Strategic Aim which is: "to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
3.4 In addition to this, 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."
3.5 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".
4.1 There have been a number of applications for the current application site and the land to the west the following of which are considered relevant to the consideration of the current application.
Site of proposed two dwellings
This was part of the original proposal for the development of what became Castleward Green. The first application for the principle of development here was
PA 85/01211/A - Approval in principle to the layout of roads and 18 building plots, Land rear of Vejle to Glenard, Ballanard Road, Douglas
Status - Approved at Appeal
This layout showed the erection of three plots in the space which is the subject of the current proposal for two dwellings and this application was approved in principle but subject to no approval being granted to the first three plots, without any explanation as to why. Consideration of the microfiche for this application does not shed any light on this.
4.2 The application for the details of the eleven plots which were finally developed showed no built structures on the land which is the subject of the current proposal for two dwellings. This is shown as an area for tree planting of a small woodland. This planting does not appear to ever have been implemented:
PA 86/01063/B - Layout of eleven building plots, roads and sewers, land rear of Vejle to Glen Darragh, Ballanard Road, Douglas.
Status - Permitted
4.3 The site of the proposed public open space has been the subject of a number of applications which also include additional land to the south and west. PA 87/00499/B proposed residential development layout for 9 dwellings with associated roads and sewers and was refused at appeal. The reason for this refusal was that "The proposed development as shown in the submitted application would constitute an undesirable extension of urbanisation into a predominantly rural and agricultural area and would thereby be detrimental to the amenities of that area: the proposed development would be contrary to the policies of the Development Plan."
4.4 PA 04/00966/B then proposed residential development comprising 177 dwellings with associated roads sewers and landscaping including the application site and land to the west. This was refused 11th March 2005. This was one of two applications proposed for the provision of what was seen at the time as being a critical need for affordable housing in the east, the other proposal being an application for what became the development on the western side of Johnny Watterson's Lane opposite Willaston. The inspector considered both applications together and recommended approval to the Johnny Watterson's Lane site and refusal for the Ballanard Road site. He comments on the "less objectionable", more sustainable location of the Johnny Watterson's Lane land and notes, "I regard the Ballanard Road site however entirely differently. It is within open countryside, in a location which would encourage the use of the private car, rather than provide persuasive opportunities for people to use other modes. Whilst the level of generated traffic would not be out of all proportion to the capacity of this part of Ballanard Road, it would add traffic to a road of rural character where there are a number of hazards already." (his paragraph 291).
4.5 Finally, PA 07/02358/B proposed residential development of twelve dwellings with associated roads and sewers and was refused. This included the land which is proposed for public open space and also the land to the west. This was refused at appeal for the reason that the land is not designated for development and there were not considered sufficient reasons to set aside the policy.
REPRESENTATIONS
5.1 The owners of 5, The Castleward Green objects to the application (08.12.14). They believe that the area where the two dwellings are proposed is The Green which gave its name to the housing development alongside. The housing development is generally unseen from Ballanard Road. They refer to a previous application for land on the northern side of the site where an inspector noted that the area was clearly in the countryside and the character of the road changed to that of a rural locality. He also noted a road hazard with narrow carriageway complicated by parked cars which would make walking and cycling difficult and dangerous. The entrance into The Castleward Green is within a derestricted speed control area. They believe that building two houses here would be unsympathetic in what is mainly a row of small bungalows and this would be compounded by the fact that the Castleward green side of the development would have only a 2m verge which they consider inadequate to landscape the end of the corner house to match that of the adjacent houses in the development. Whilst the land is unmaintained, they feel that it fits comfortably with the area and caters for the residents in providing a place for blackberry picking, dog walkers and children. The wild aspect of both pieces of land adds to the natural wildlife of the area and they are aware of barn owls, pheasants, ducks, bats and birds of prey and they consider it a welcome green lung which they would prefer to keep as is rather than have a bench, bushes and trees which could attract others from outwith the development. They oppose the principle of Douglas rate payers having to fund the upkeep of the new area of public open space and doubt whether there is a need for two new houses here, there being other houses for sale in the immediate vicinity. They dispute that there is a bus service to the site.
5.2 The occupant of The Slatch, Castleward Green opposes the application as the dwellings are to be built on land which is meant to be Open Space and within an area where traffic speed is derestricted. She queries who will need, maintain and use the proposed public open space (08.12.14).
5.3 The owners of 7, The Castleward Green object to both aspects of the application (10.12.14) on the basis that the land which is described as scruffy has previously been managed, only being left unattended in recent times. They allege that the owner of the site (Moreland Limited) is not registered although there was a Morelands Limited which is currently dissolved. The site is not within the 30 mph speed limited area and there is no longer a bus service to this area. They do not believe that access should be through Castleward Green and are suspicious that the provision of public open space is a harbinger for a proposal for residential development to the north. They object to the proposed public open space as it is designated as Agricultural on the local plan and harbours wildlife. The residents of Castleward Green are happy with this as it is and there is no need for additional public open space here.
5.4 The owners of Vejle (formerly Aynsgarth) which sits alongside the site of the two proposed dwellings object to the application (11.12.14). They suggest that the site is public open space and should not be built upon and the condition of the site is entirely due to the developer of The Castleward Green not meeting the original planning conditions, despite pressure to do so. They consider that there is inevitably going to be infilling as the site is lower that Ballanard Road and without it, access from Ballanard Road will be difficult as well as being able to access the sewer. The site is not within the 30 mph zone and is not served by public buses and the footpath towards Douglas is in very poor condition and part of the road is very narrow and holes have recently appeared in the road surface.
5.5 The owners of 2, The Castleward Green object to the application (11.12.14). They have lived in the estate since 1999 and their understanding was that the area where two dwellings are proposed was open space and sacrosanct in terms of building dwellings. The 2007 application indicated that that site was in the countryside and well beyond the built up part of Douglas. Ballanard Road and its pavement have deteriorated in condition since then. Parked vehicles impair forward visibility and the junction of Johnny Watterson's Lane and Ballanard Road is very busy. The site does not lie within the 30 mph limited area, there are no buses
and people use Area A for exercising their dogs. They consider that creating landscaping and a bench on Area B could be considered inappropriate as it may attract anti-social behaviour and there is no guarantee that Douglas Borough Council would undertake to fully maintain it.
5.6 The owner of Cashlin, The Castleward Green objects to the application (10.12.14). He considers that the existing houses in The Castleward Green sit is on an incline and are well hidden from the highway. They believe that the gardens will most likely be fenced which will lead to a further urbanisation of the area and which would be out of character. The creation of accesses off Ballanard Road would inevitably lead to parking on Ballanard Road, adding further to the narrowing of the carriageway and making visibility worse for those coming out of The Castleward Green. They are concerned that approval of the application could lead to further ribbon development along Ballanard Road. The cleaning up of Site B would lead to a diminution of the rural aspect of the surrounding countryside and would increase the likelihood of litter and youths to congregate out of the gaze of the police.
5.7 The Manx Utilities Authority seek consultation regarding the provision of electricity supplies to the site.
5.8 The owners of 1, The Castleward green object to the application (23.1.15) on the same grounds as does the owner of Cashlin.
5.9 Department of Infrastructure Highway Services recommend that access should be from The Castleward Green as the proposal will introduce new accesses into an area when traffic is de-restricted (21.11.14). This could be dealt with by condition if the application is approved.
5.10 Douglas Borough Council does not object to the application (04.02.15). It adds that it would be prepared to formally apply for adoption of the proposed open space upon completion providing it is suitable for such use. They would not support development which would result in a loss of open space but as this makes provision for alternative open space, they do not oppose.
6.1 The site is within an area designated as Residential on the local plan and ordinarily there would be a presumption in favour of residential development or development complementary to this. However, in this case the land which is the subject of building was clearly intended to be open space. What is proposed would run contrary to this. Whilst alternative provision for open space is being made, this involves the change of use of land which is currently agricultural open space to recreational open space which also brings about a change in visual appearance of the site from natural, unmanaged landscape which visually and ecologically forms part of the open space beyond. The managed landscaped is therefore creeping northward, contrary to what the local plan and previous planning appeal decisions would recommend.
6.2 Whilst not actively managed, the existing open space formally associated with The Castleward Green housing is clearly used by them and the residents value this rather than a manicured area of open space. Open space can be used for a variety of purposes, as clarified in the Strategic Plan and includes not only formal play areas but also formal recreation areas and casual or informal playing space within housing areas. Such areas can also be more valuable to wildlife than formally managed open spaces.
6.3 The creation of accesses onto Ballanard Road is likely to exacerbate traffic difficulties along this highway and provide further impediment to visibility for those using the road and its access with The Castleward Green. However, the application could be approved subject to a condition which requires that access is via The Castleward Green not Ballanard Road if the development were considered otherwise acceptable.
7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 The owners of the following properties are considered directly affected by the proposed development and as such should be considered interested persons:
1, 2, 5, 7, The Slatch and Cashlin, The Castleward Green and Vejle, Ballanard Road
7.4 Manx Utilities Authority does not raise material planning considerations and as such should not be afforded interested person status.
Recommended Decision: Refused
Date of Recommendation: 09.02.2015
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The site of the proposed two dwellings was indicated in the original layout of what has become The Castleward Green as being a planted area, providing a landscaped screen of the housing to the rear and also an amenity area for the benefit of the local residents. The development would result in the loss of this space and further extension of the existing built development along Ballanard Road to the detriment of what the original approval aimed to achieve. The creation of managed open space to the south will exacerbate this impact, extending the managed environment further north, contrary to the provisions of the Douglas Local Plan.
R 2.
The proposal would result in two dwellings in an area which has previously been found (PA 04/00966/B) to be unsustainable bearing in mind the distance to the nearest amenities and the means of getting to them, particularly as there is no longer a public transport system, contrary to Strategic Policy 1 of the Strategic Plan.
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 : ... Committee Meeting Date : ..
Signed : ...
Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO
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