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23/01149/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01149/B Applicant : Mr David Corrin Proposal : Demolition of the existing garage and the erection of a two bedroom dwelling with associated hard and soft landscaping with surface and foul drainage all as an amended drawings application relating back to approved application reference PA 20/00729/B Site Address : Land North Of Fo Chronk Station Road St Johns Isle Of Man IM4 3AH
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.02.2024 __
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. Notwithstanding the Air Source Heat Pump (ASHP) specification brochure details provided as part of the application, any installation of an ASHP in the position as shown on the submitted plans must not result in a noise that exceeds 42 dB LAeq 5 mins.
Reason: in the interest of neighbouring amenity and noise impacts and to align the ASHP with those noise standards accepted under Town and Country Planning (Permitted Development) Order 2012 (updated 2019).
C 3. Prior to the occupation of the new dwelling the proposed bathroom window to the first floor east elevation of the ensuite; shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such thereafter.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
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C 4. Prior to the occupation of any part of the dwelling details and sample information for the slates, stone and timber cladding to be used on the external facing roof and elevations, and including the stone boundary wall along Station Road, shall be submitted to and approved in writing by the Department. The development shall be carried out in full accordance with the details approved details and within 12 months of first occupation.
Reason: The application has been assessed on this basis and as outlined in the submitted documents in the interests of the character and appearance of the site and surrounding area.
This application has been recommended for approval for the following reason. Subject to conditions the changes to the proposal beyond the previous application would not increase or adversely impact the overall visual impact on the character and appearance of the area and would not significantly harm the use or enjoyment of neighbouring properties and therefore the application complies with Strategic Policies 1, 2, 4, 5 and 10, General Policy 2 and Environment Policy 22 of the Strategic Plan 2016 and would not be at odds with Residential Design Guidance or Environment Policy 35 or 42 of the Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the following information all date received 11/10/2023: o drawing number EX-01 o drawing number P-01 rev A o drawing number P-02 rev A o drawing number P-03 rev A o planning statement
and an email from the agent dated 09/02/2024. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is a parcel of land alongside Fo Chronk, Station Road, St Johns. The site is long and narrow, approx. 40m long and 12m wide, relatively level throughout its length with pedestrian access (no dropped kerb) off Station road to the west of the site and an existing vehicle access from Peel Road to the north east between the St.Johns School / public toilets and the Culture Vannin building. On the site is an existing detached pitched roof garage building.
2.0 THE PROPOSAL 2.1 Proposed is the demolition of an existing detached pitched roofed garage and the erection of a two-bedroom dwelling with associated hard and soft landscape with surface water and foul drainage. The application site is effectively the side garden of Fo Chronk which fronts onto Station Road. The proposed dwelling follows from a previous approval under 20/00729/B but now seeks changes in respect of: o Change to roof from zinc cladding to natural slate o Change to part of roof glazing above kitchen to natural slate o Change west gable elevation from composite cladding to natural grey stone cladding o Change west gable to hipped roof arrangement with slate roof o Change garage end gables to painted render o Change windows on west and east gable to flat top head and cill o Add two new flues for wood burners
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o Add new rooflights above kitchen area o Change roof fascia, soffits and rainwater goods to upvc o Installation of ASHP o Installation of PV panels o Cycle storage and ev charging point shown internally
3.0 PLANNING HISTORY 3.1 The application site was subject to approval for a new dwelling under 20/00729/B considered specifically material to this application. Its approval was subject to two conditions: o C2. Prior to the occupation of the new dwelling the proposed bathroom window to the first floor east elevation of the ensuite; shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy. o C3. 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.
3.2 A MCH to 20/00729/B was submitted for the works now proposed as part of this application, the MCH was refused due to the nature of the works not being minor and impacting on condition 3 for the buildings materials which formed a key part of 20/00729/B.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is designated as 'Predominately Residential Use' on the St. Johns local plan 1999 and within a proposed Conservation Area. The site is not recognised as being at any flood risk.
4.2 St Johns Local Plan Written Statement: o Section 2 (page 6) states "that potential does exist for a degree of infill development"... any large scale new residential development would be inappropriate for the area... However the principle of infill development is considered reasonable for the village but should be limited to within those areas of predominately residential use..."
4.3 IOM Strategic Plan 2016 o Strategic Policy 1 - make best use previously developed land, efficient use of under- used land and buildings, reuse scarce indigenous building materials, located to best use existing infrastructure and taking into account amenity. o Strategic Policy 2 - development located within existing towns and villages o Strategic Policy 4 - development must 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 o Strategic Policy 5 - designed to make a positive contribution o Strategic Policy 10 - promote integrated transport network o Spatial Policy 3 - St Johns = Service Village o General Policy 2 - general standards towards acceptable development visual and amenity impact along with highway safety and provision of services o Environment Policy 22 - impact from smoke smells and fumes on neighbours o Environment Policy 35 - development within a conservation area o Environment Policy 42 - designed to take account of the particular character and identity of the immediate locality. o 7.34.1 and Appendix 1 - Infill development(1) (in the sense of filling a small gap in an otherwise built-up frontage) may be acceptable in built up areas, but the value of spaces between buildings should not be underestimated, even in small settlements. Building on a relatively small site in between two existing buildings.
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o Housing Policy 4 - New housing located within existing towns and villages o Community Policy 7, 10 - prevent criminal activity and reduce spread of fire o Infrastructure Policy 5 - conserve the Island's water
4.4 The Residential Design Guide (July 2021) contains the following guidance also considered materially relevant: o Section 4 Extensions including dormers o Section 5 Architectural Details o Section 7 Impact on Neighbouring Properties
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Parish commissioners - 08/11/2023 - no objection to the application, but request that a Right of Way to the rear be retained by condition.
5.2 DOI Highways Services - Do not oppose 23/10/2023 - no significant negative impact upon highway safety, network functionality and/or parking, subject to parking, garaging, and vehicular layout and access being conditioned for use before occupation and retained for lifetime of the development.
5.3 DEFA Environment Health Unit (DEFA EPU)- Do not oppose subject to conditions (06/02/2024 and 13/02/2024) - they cover both flues and the ASHP in their comments summarising that Taking into account the topography of the site, the buildings surrounding the site and the prevailing wind direction increasing the risk of smoke nuisance, that the living room flue discharges to at least 1m above first floor, and that the proposed location for the ASHP in on the most noise sensitive façade of the building, facing Fo Chronk, which sits lower than the application site meaning bedroom windows are at a similar level to the equipment. It appears the equipment will be surrounded by hard surfaces and this could increase the risk of noise nuisance to the adjacent property. Two conditions are recommended in both respects requiring the flue to be taller discharging 1m above the ridge and a sound barrier to be installed to the ASHP boundary.
5.4 Comments were also sought from the following however nothing yet received as of 23.02.2024: o Manx National Heritage o Manx Utilities o Registered Buildings Officer
6.0 ASSESSMENT 6.1 As already detailed a similar dwelling has already been approved on this site under 20/00729/B and is still within its 4 year validation period (expires 30/11/2024). There have been no policy changes since the original approval and in terms of overall siting, massing, layout and parking arrangements the proposal remains unchanged and so there are no new or increased adverse impacts in this respect and the overall principle of infill development remains acceptable, Therefore the key assessments of this application fall to whether the external modifications and amendments now sought have an acceptable visual and amenity impact on the site itself, on the surroundings and on neighbouring properties.
Visual Impact 6.2 The character of the streetscene is a varied one consisting of detached, semi-detached houses, bungalows, mostly residential and some commercial eating venues to the north of the site. To the south of the site is Fo-Chronk a detached dwellinghouse with a hipped roof, it has an appearance of a bungalow from the highway although being two storey. To the north of
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the site is Greens café, a mostly traditional building sitting on the corner junction, it is two storey although nearest the application site is a single storey flat roof extension.
6.3 The most notable change to the proposed dwelling from Station Road is the front elevation from a gable end to a hipped roof finish, installation of natural stone cladding and modifications to the windows, these changes coupled with installation of slates throughout replacing the previous zinc roof and the rendering of the rear garage instead of timber cladding results in any overall appearance of the dwelling which is somewhat less contemporary and now with a more traditional palette of materials, this finish and arrangement would still fit within the varied streetscene without causing any adverse visual harm on the overall appearance of the locality or proposed conservation area and without harming the overall outlook from any neighbouring properties beyond what has already been approved.
Amenity Impact 6.4 There are two keys matters to take into consideration, the proposed 2 x flues and the ASHP. In terms of the flues these are both positioned close to the ridge lines on each part of the property and although one sits slightly lower the overall position at ridge level, general height finishing 600mm above the ridge lines, as well as the distance and relationship compared with the neighbour and taking into consideration the general location in a fairly open area around the main St John's road junction that these factors will all help to dissipate any smells, smoke or emissions when in use and neither flue as proposed is expected to result or cause any significant adverse harm on neighbouring amenity as to warrant a concern or refusal in this case and a condition requiring it to discharge another 400mm higher as requested by DEFA EPU is not considered necessary for these reasons in this specific case.
6.5 In respect of the ASHP this is located set back from the road part way down the side of the house and beyond the rear elevation of Fo Chronk. Recent updates to the Town and Country Planning (Permitted Development) Order 2012 (updated 2019) have included the installation of ASHP subject to conditions two of which relate to distances from boundaries and level of sound produced. There is an MCS calculation document which is often used to calculate whether the proposed ASHP will result in a noise equal to or lower than the permitted development noise of 42dB. Although requested from the agent/applicant they have not opted to provide this to allow an assessment, instead that have agreed to a condition worded to prevent any installation of an ASHP that would be in excess of the 42dB of the Permitted Development Order. DEFA EPU have requested a condition for certain boundary treatment finishes, however the condition relating to noise will help to overcome noise impacts and have the installation of any ASHP align with the PDO and so there are no noise issues beyond the PDO tolerated levels expected in this case.
Other Matters 6.6 A condition for obscure glazing will be duplicated for continuity and alignment with the previous approval, materials have been indicated on the plans but no samples have been provided and so the sample materials condition can also be duplicated for the avoidance of doubt. Tree protection measures were not conditioned previously and although DEFA Forestry have not commented on this application they confirmed no objections previously and the situation in respect of the trees has not changed on plans now submitted to warrant a different decision being reached.
6.7 The Commissioners raise matters in respect of a right of way down the back lane which must be retained by condition. On review of DOI Infrastructure mapping that there is no public right of way at the back and in any case it is expected that if a right of way exists that this is likely covered by a separate legal agreement and thus outside of the planning process for which no condition can be reasonably actioned.
7.0 CONCLUSION
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7.1 For the above reasons, it is concluded that the changed to the proposal beyond the previous application would not increase or adversely impact the overall visual character and appearance of the area which is already varied and would not significantly harm the use and enjoyment of neighbouring properties, and subject to conditions relating to the application would comply with Strategic Policies 1, 2, 4, 5 and 10, General Policy 2 and Environment Policy 22 of the Strategic Plan 2016 and would not be at odds with Residential Design Guidance or Environment Policy 35 or 42 of the Strategic Plan 2016.
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 : 01.03.2024
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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