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23/01006/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01006/B Applicant : Mr Sebastian Perez Proposal : New House (amendments to PA20/01246/B) Site Address : Land Between Glas Choille & Winston Glen Auldyn Lezayre Isle Of Man
Planning Officer: Ms Jill Nixon Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.02.2024 __
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 four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The dwelling hereby approved shall not be commenced until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety during the construction process and once the dwelling is occupied.
C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved.
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23/01006/B Page 2 of 6
Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each and should include the planting shown on approved drawing 2304-SP-201-D .
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner.
Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
N 1. The applicants are advised that Japanese Knotweed is known to be along the riverbank in the south west corner of the building plot and there is a high risk that the plant may be unintentionally spread when the new house is to be constructed, or via increased footfall in this area in the future. Even tiny fragments of the plant can be spread via the river which could enable establishment further downriver, which would be an offence. If left untreated and allowed to spread Japanese Knotweed could cause significant damage to the new property and therefore it is in the best interests of the applicant to ensure that it is removed, if present, prior to works taking place.
The applicants are strongly recommend to contact the Ecosystem Policy Team, DEFA to discuss what measures should be undertaken.
N 2. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it isan offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swallows or house martins. Thorough checks for birds, theiractive nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
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23/01006/B Page 3 of 6
This application has been recommended for approval for the following reason. It has been assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the street scene/area or public amenity. Accordingly, it is considered the proposal would comply with General Policy 2 & Environment Policy 13 of the IOM Strategic Plan 2016 and the Residential Design Guide.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
1.1 The application site is a parcel of land on the western side of the Glen Auldyn Road, approximately 1.1km to the south of its junction with the A3 Lezayre Road. The site sits between two existing properties - Winston which lies to the south and is owned by the applicant, and Glas Choille to the north. Glas Choille is a detached, modern bungalow with stonework walling on some elevations, render on others and a grey hipped roof. Winston is a two storey property. The plot has a frontage to Glen Auldyn Road of around 40m and a depth of between 42m and 50m. The site is bounded by the Glen Auldyn River to the west. The site is relatively flat.
2.0 THE PROPOSAL
2.1 This application seeks permission for alterations to planning approval PA20/01246/B, which granted planning permission for a two storey dwelling. The approved dwelling would be sited to the centre of the site and located back from the Glen Auldyn Road. The dwelling would be served by a single access from the public highway and will have a driveway which will accommodate a further three vehicles and turning provision. The creation of the access will necessitate the relocation or removal and replacement of four trees to the south of the entrance in order to provide adequate splays.
2.2 The proposed amendments sought are:
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23/01006/B Page 4 of 6
2.3 There are no proposed amendments to the siting or scale of the dwelling as approved by PA20/01246/B.
3.0 PLANNING STATUS AND POLICY
3.1 The site lies within an area of Predominantly Residential Use on the Town and Country Planning (Development Plan) Order 1982. The western boundary of the site is within a high flood risk zone, albeit the majority of the site, including the footprint of the dwelling and the driveway/access are not within a high flood risk zone.
3.2 As such, the provisions of General Policy 2 are applicable in this case 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:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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; 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 and i) does not have an adverse effect on road safety or traffic flows on the local highways".
3.3 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.4 Residential Design Guide 2019.
4.0 PLANNING HISTORY
4.1 20/01246/B - Erection of a dwelling - Approved (23.04.2021)
4.2 23/00990/B - Rebuild existing stone wall in new location to allow visibility splay approved in PA20/01246/B - Pending Consideration
4.3 11/01598/B Erection of two detached dwellings - Approved.
4.4 15/01330/B - Variation of condition one of approved PA 11/01598/B for erection of two dwellings, to extend the period of permission by four years - Approved.
5.0 REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The applicant is advised that they will require a S109 highway agreement to tie-in the access hardstanding and visibility splay with the adopted highway (8/9/23):
5.3 Lezayre Parish Commissioners have recommended an approval (13.10.23).
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23/01006/B Page 5 of 6
6.0 ASSESSMENT
6.1 The principle of a dwelling has been established and is keeping with the sites development plan designation as residential
6.2 As there are no proposed alterations to the siting and scale of the recent approval granted by PA20/01246/B which this application seeks to implement in the main matters such as the flood risk, trees, biodiversity and access also remain unchanged from those assessed when application 20/01246/B was assessed and granted. Therefore the main issues relating to this application are design and residential amenity
Design
6.3 There are two proposed amendments to windows on the rear elevation with the introduction of bi- fold doors and a kitchen window and the introduction of stone elements to the chimney. All of these proposed developments are considered relatively minor and not to alter the e proposed character of the design of the approved dwelling
6.4 The proposed relocation and construction of the proposed stone wall at the proposed entrance has taken account of the necessary visibility splays to ensure highway safety. The department of Highway services have no objection to its introduction. The entrance was previously intended to be embankments with planting and while no comments to this application have been received in relation to this application from Eco system Policy comments made on a separate application 23/00990/B from the wall for planting adjacent to the wall have been taken account of in an amended drawing and would be secured by condition
6.5 The proposed installation of the solar panels and Air source heat pump have been introduced to comply with Building Regulation requirements. The solar panels are to be floor mounted in the rear garden and the external visible elements of the heat pump will be sited to the rear of the property. Both siting's will minimise the impact on the integrity of the design of the proposed dwelling.
Impact on Residential amenity
6.6 It is considered that the design of all aspects of the amendments between this application and the design of the dwelling approved under planning consent 20/01246/B are relatively minor and therefore acceptable.
6.7 The closest properties are 'Glas Choille' to the north and 'Winston' to the south. The main issues to consider regarding the impacts upon neighbouring amenities are loss of light and/or overlooking resulting in a loss of privacy from the proposed alterations There is no amendments to the scale or siting of the dwelling as approved by planning consent 20/01246/B
6.8 The only proposed changes to fenestration are the introduction of bi-fold doors and a kitchen window on the ground floor of the rear elevation (north-western). Given the interface distance and the existing mature hedgerow it is not considered that the impact pf these proposed amendments would differ any resulting from the dwelling as approved by planning consent 20/01246/B
6.9 It is not considered that the amenity of local residents would be impacted by the approval of the design changes sought by this application when assessed by those granted planning consent 20/01246/B.
7.0 CONCLUSION
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23/01006/B Page 6 of 6
7.1 It has been assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the street scene/area or cause undue harm on public amenity. Accordingly, it is considered the proposal would comply with General Policy 2& Environment Policy 13 of the IOM Strategic Plan 2016 and the Residential Design Guide 2019 and it is recommend the application is approved.
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 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
Decision Made : Permitted Date : 04.03.2024
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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