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23/00569/REM Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00569/REM Applicant : Mr Mark Pearce Proposal : Reserved Matters Application for plots 1 and 3 (in relation to 20/00787/B) Site Address : Field No. 314758 And 312909 Balladoyne St Johns Isle Of Man IM4 3LX
Planning Officer: Lucy Kinrade Photo Taken : 21.06.2023 Site Visit : 21.06.2023 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.04.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of two years from the date of this approval.
Reason: In accordance with Condition 1 of PA 20/00787/B and to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
N 1. The applicant/land owner is to be reminded that this reserved matters application relates to parent approval PA 20/00787/B and any development must be carried out in accordance with the conditions of 20/00787/B.
This application has been recommended for approval for the following reason. The reserved matters relating to internal layout, design and external appearance for plots 1 and 3 are considered to have an acceptable visual and amenity impact and to be acceptably in- keeping with the dwellings already approved on the site under 20/00787/B and without any harm to wider surrounding landscape in line with Strategic Policies 4 and 5, General Policy 2 (b, c, g) and Housing Policy 6 of the IOM Strategic Plan and Development Brief Area 1 of St Johns Local Plan.
Plans/Drawings/Information; This approval relates to the following drawing numbers:
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Interested Person Status - Additional Persons
Manx Utilities
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Struan Beg, Main Road, Lower Foxdale as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021) in that the planning issues raised have been overcome by the agents revised drawing submission. __
Officer’s Report
1.0 THE SITE 1.1 The site relates to two plot areas (no. 1 and 3 on plan) forming part of a larger irregularly shaped parcel of land in St Johns, sitting on the southern side of the main road and between St John's Primary School and the Balladoyne residential estate. The site was approved at appeal under 20/00787/B for "full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access". This application was subject to a number of conditions including the need for reserved matters for plots 1 and 3 to be provided.
1.2 Plots 2, 4, and 6 had full details approved for single storey dwellings with roof lights and no dormers. The central ridge heights of these dwelling being approx. 6.8m tall and to eaves 2.5m. These dwellings having a mix of painted render and Pooil Vaaish stone and with natural slate roof. Large bi-folding doors and glazing features throughout the single storey front and rear elevations.
PROPOSAL 2.1 The application now seeks approval for the outstanding reserved matters of plots 1 and 3 only specifically the internal layout, design and external appearance only.
2.2 Both are proposed to be single storey with roof lights and no dormers. External finishes comprise a mix of painted render, natural stone and natural slate across the roof. There are solar panels included across some roof slopes. Each has a detached garage finished in similar render and slate materials and one with solar panels included. Large bi-folding doors and glazing feature through the single storey front and rear elevations and internally each provides a two bedroomed property with open plan kitchen and dining areas, living room, utility, porch and wc accessed from the central hallway. Drawing annotation for each specifies open roof space above.
2.3 The dwellings proposed on plots 2, 4, and 6 would be of single storey construction; Plot 2: 21m long x 12m wide, 2.5m to eaves and 7m to central ridge with a 6m x 6m double garage; Plot 4: 26m long x 15m wide, 2.5 to eaves and 7m to central ridge (no garage), and Plot 6: 22m long x 15m wide, 2.5 to eaves and 7m to central ridge with a 9m x 7m triple
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garage. Across each of the dwellings are a number of projecting gables, large glazing and bi- folding doors including apex feature glazing, several roof lights across either side of the roof slopes and in addition to the general footprints each has a further pitched roof overhang providing shelter for a patio veranda. Two of the dwellings include stone cladding alongside a painted render finish and block-paved driveways for at least 2 vehicles.
3.0 PLANNING HISTORY 3.1 The site and its surrounds have been subject to a number of previous applications in the area trying to be developed for housing. As outlined in the description the most relevant in this case is PA 20/00787/B which included the original full approval for plots 2, 4 and 6, and approval in principle for plots 1 and 3. This application was approved subject to a number of conditions relating to validity periods and time limitations, need for submitting reserved matters (Condition 2 see below), as well as conditions relating to archaeology, trees, lighting, ecology, refuse collection, access and temporary construction access, off road parking and the need for access and drainage details to be provided for plot 6.
3.2 Condition 2 of 20/00787/B - C2. Application for approval of all of the reserved matters in relation to plots 1 and 3 shall be submitted to and approved in writing by the Department before any development is commenced and before the expiration of two years from the date of this approval. The reserved matters shall include details of the internal layout, design and external appearance of plots 1 and 3, and thereafter shall only be carried out in accordance with the details as approved. Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
3.3 It would also be relevant to consider the application approved at appeal for plot 5. This dwelling also approved with a number of conditions. Notably its approved design, internal arrangement and external which was also approved at appeal.
3.4 Other applications of interest: o 23/00606/B - Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B - PENDING CONSIDERATION o 21/00365/A - Approval in principle for the erection of 1 detached bungalow addressing means of access - approved subject to a number of reserved matters conditions. o 20/00245/B - creation of new vehicular entrance and construction route from the A1 across field 312711 - APPROVED with conditions for its temporary period only and tree protection. o 19/01324/B - Erection of a detached dwelling - Approved subject to conditions o 15/00345/A - Approval in principle for a temporary access road for constructions traffic through field 312711 - Approved but not implemented and now expired
PLANNING STATUS AND POLICY 4.1 Principle for housing has already been accepted on this site. The test of this REM application falls to whether or not the internal layouts, design and external appearance of the dwellings for plots 1 and 3 are acceptable. The most relevant policies in assessing this would be the general standards set out in General Policy 2 along with consideration to the Development Brief 1 of the St Johns Local Plan (SJLP). Regard shall also be given to the neighbouring proposed Conservation Area, and that part of the SJLP that notes the contribution of the openness of the fields along the road affording views of Slieau Whallian and the setting of Tynwald Hill and that such open space is protected by Policies OS/P/1 and OS/P/2.
4.2 In addition the Strategic Plan 2016 also contains a number of policies seeking development to make a positive contribution to the local environment and its distinctiveness while protecting any fabric or settings of ancient monuments (Strategic Policies 4 and 5) and not harm local habitats (Environment Policy 4). New development should be best located as to
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promote integrated transport networks, designed in accordance to highway standards and make suitable provision for pedestrian and cycle routes linking to existing systems and not compromising the attraction of existing railway routes or their potential as public transport facility (Strategic Policy 10 and Transport Policies 2, 3, 4 and 7). Housing Policy 6 also highlights that if a development brief exists that development must be undertaken in accordance with it.
4.3 The Residential Design Guide contains advice on how best to assess impact in terms of visual and neighbouring amenity and can be used alongside those general standards listed in General Policy 2.
4.4 Res/P/1: Residential development shall be permitted within Development Area 1 in accordance with the following development brief.
"Development Brief a. The maximum number of units which may be developed on this site is six (6). b. All dwellings shall be single storey (dormer accommodation will not be permitted). c. No detailed application for development of any dwelling will be approved until such a time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee. d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed. e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate. f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant in strongly recommended to consult Manx National Heritage in this respect. g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Department of Infrastructure Highway Services - Do not oppose (22/05/2023 and 22/12/2023) - have no significant negative impact upon highway safety, network functionality and /or parking.
5.2 DEFA Ecosystems Policy - concerns (23/10/2023) - concerns have been raised for the removal of a hedgerow indicated within the MWT Preliminary Ecological Appraisal and which was within a Construction Exclusion Zone area secured by condition 5 of 20/00787/B. If this has been removed it should be replaced with similar species composition to what has been lost and that all other hedges marked for retention and protection in the Tree Protection Plan (0725/PL104 Rev A) from 20/00787/B.
5.3 Manx Utilities (MU) - comments (19/09/2023) - MU will not be inspecting or adopting this site as the current drainage design (as originally approved under 20/00787/B) does not meet with MU requirements as set out in Manx Sewers for Adoption and the applicant has been advised of this.
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5.4 Comments were also sought from the following however no responses were received as of 04/04/2024: o German Commissioners o Manx National Heritage o DEFA Registered Buildings Officer
5.5 The owners of Struan Beg - Objection (26/07/2023) - raised concerns for the boundary lines of some of the plots within the site conflicting with and compromising a site they own approved under 21/00365/A and within the conflicting areas are inspection chambers, soakaways and planting.
6.0 ASSESSMENT 6.1 The principle of development has already been established through the previous grant of Approval in Principle as part of 20/00787/B. Therefore the main issues to consider in the assessment of this particular planning application solely relate to those reserved matters identified within Condition 2 of the decision notice for the 20/00787/B seeking internal layout, design and external appearance details being provided for plots 1 and 3. These reserved matters shall be assessed in terms of the i) visual impact on the development brief Area 1 and those houses already approved on other plots and whether there would be any wider visual impact on open field setting and general character, the ii) amenity impact on adjacent neighbours, and whether there are any iii) other matters to be considered.
i) Visual Impact 6.2 As already noted in this report, the overall layout, design and external appearance of both dwellings match with those details already approved on plots 2, 4, 6 under 20/00787/B and plot 5 approved under 2019 application. The external materials replicate the render, stone and slate materials, the overall ridge and eaves heights match, driveway finishes remain in- keeping, and elevations including large glazing areas and bi-folding doors across the front and rear elevations also being visually in-keeping with those plots already approved. There is no dormer accommodation (which is strictly prohibited under Development Brief 1) and the general internal layout with ground floor accommodation only matches with those internal layouts of other plots too. The overall replication of the internal layout, design and external appearance of the dwellings matching with the remaining approved dwellings help to ensure the overall proposals remain in keeping and do not create and new or adverse impacts beyond the existing approved dwellings to now harm the wider setting or character.
6.3 The most notable difference is perhaps the finished design of plot 3 including new overhanging roof designs across the front and rear to create sheltered verandas. The largest veranda is to be across the rear elevation. There are some plots already approved with pitched roof overhangs to a patio area and so is not a design feature that is completely alien, although plot 3 would be the first to have this across the front and rear and would create a heavier appearance to the roof, the overall design is perhaps capable of accommodating this feature without the overall dwelling becoming so visually at odds as to create a significant adverse visual harm to the overall appearance of the dwelling or when read alongside the adjacent plots.
ii) Amenity Impact 6.4 Siting of the dwellings has already been approved. Whilst including large glazing areas across the elevations, this is a design feature already incorporated into the other approved dwellings and accepted. The overall layout and design of plots 1 and 3 is not considered to result in any unacceptable adverse amenity impacts through overbearing or overlooking impacts given the siting and distances between properties, and minded that plots 1 and 3 sit further away from the adjacent neighbours in Balladoyne compared to other plots that there is no unacceptable harm on their amenity either.
iii) Other Matters
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6.5 Comments and concerns have been raised by Ecosystems and Manx Utilities regarding drainage and hedging matters which are outside of the remit of this application which relates only to the internal layout, design and external appearance of the dwellings on plots 1 and 3 only. The comments of Struan Beg relate more so to land ownership matters outside the remit of planning however minded of the nature of those comments the applicant sought to address these comments from Struan Beg buy submitting a revised plan which reduced the red lines to around plots 1 and 3 only and indicatively showing on that plan how planting and soakaways could be dealt with inside of that red line area and without impacting on Struan Begs land of 21/00375/A.
7.0 CONCLUSION 7.1 This reserved matters application is to be read in connection with parent approval 20/00787/B and all of 20/00787/B approved conditions. This application seeks only to provide the outstanding reserved matters details for plots 1 and 3 as per condition 2.
7.2 The reserved matters details in respect of internal layout, design and external appearance of plots 1 and 3 are considered to be acceptable and to be in keeping with design of the dwellings on plots already approved under 20/00787/B and are not to result in any wider visual harm nor to neighbouring amenity. This reserved matters application is considered to be compliant with Strategic Policies 4 and 5, General Policy 2, Housing Policy 6 and Development Brief Area 1.
7.3 Aforementioned, as this REM pairs with PA 20/00787/B, any development works must be carried out in accordance with those conditions of 20/00787/B.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
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Decision Made : Permitted Date : 05.04.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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