Officer Report

Application No.: 15/00536/B Applicant: Hartford Homes Proposal: Erection of two detached dwellings with integral garages Site Address: Land At Junction Of The Castleward Green And Ballanard Road Douglas Isle Of Man Case Officer : Miss S E Corlett Photo Taken: 25.11.2014 Site Visit: 25.11.2014 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site constitutes an undeveloped parcel of land 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). - 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. THE PROPOSAL

2.1 Proposed is the erection of two dwellings on the application site. This is similar to the recent application which was withdrawn prior to a decision being taken but differs in that access is now to be taken from within The Castleward Green and there is no proposal to introduce replacement public open space. - 2.2 The plans provided illustrate how the dwellings would be accommodated on the site, with access off The Castleward Green and positioned around 18m back from the highway. The use of The Castleward Green will enable the buildings to be lower on the site and more effectively

• screened from Ballanard Road. The design of the dwellings is similar to those already in The Castleward Green.
• 2.3 They advise that the site of the application was never intended to be public open space, was never adopted and any maintenance has been carried out by the owners, not any public body. Any suggestion that the land is or should be available as amenity space for local residents is incorrect as it is private land. PLANNING STATUS AND POLICY

3.1 The site lies within an area designated on the Douglas Local Plan (North) of 1998 as Residential. - 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:

• 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;
• i) does not have an adverse effect on road safety or traffic flows on the local highways; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan and m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

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".

PLANNING HISTORY

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 land to the south of the application site which is not part of the application 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 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.
• 4.6 A recent application for the principle of the erection of two dwellings on this site was submitted but withdrawn prior to a decision being taken - PA 14/01298/A.
• 4.7 Another recent application for the principle for erection of eight detached dwellings addressing siting, means of access, and landscaping including the creation of a new area of public open space on the larger area to the north - PA 15/00095/A which was refused as the land is not designated for development and there was not perceived to be any over-riding national need for the housing which would justify setting this aside. REPRESENTATIONS

5.1 Department of Infrastructure Highway Services raise no objection to the application subject to nothing being planted or erected within the visibility splays which may grow beyond 1.05 metres in height 04.06.15) - 5.2 Douglas Borough Council does not submit any comments. - 5.3 The owners of 7, The Castleward Green object to the creation of access from within the Castleward Green (02.06.15). They consider that this will change the character of the small estate, adding two dwellings with relatively small gardens: they would have no objection to a single dwelling with a larger garden. They would hope that if planning approval is granted, the development would be completed, unlike other partly finished projects in the area which detracts from the appearance of this part of Ballanard Road. Previous references to use of the application site for exercising dogs should refer to the other piece of land to the south, not the application site. - 5.4 DEFA Forestry Division comments that there is no tree survey as such and no photographs of existing trees/shrubs on the site. They consider that it appears, though, that the applicant only intends to remove some small self-seeded trees in two locations (as per Drawing no. 11) and consider that if this is the case DEFA would have no objection to the development so long as any larger trees are fenced off in line with the canopy spread during the course of engineering works (22.05.15). - 5.5 The owners of Carraghyn House, 5, the Castleward Green are concerned that as the previous notice was on site for so long, they were not aware that this had been replaced by a new notice relating to this new proposal and as such feel that their submission is not as considered as it could have been with more time to prepare. They believe that the application site is what gives the estate its name the green) and when permission was granted, it was for only 11 dwellings. They have no issue with the quality of build by the developer but are concerned that the access is to be from within their estate and not from Ballanard Road and will effectively extend the number of houses within the estate from 11 to 13. They are, they believe, too small to fit comfortably with the rest of the estate and if any development is to be allowed on the green, to which they are opposed, it should be one large dwelling. They note that the sales of larger dwellings is slow with number 2, The Castleward Green having been on the market for sale for four years and another house within the estate for 2 years and sales in Ballanard Woods are slow. Where reference is made to cycling to and from the site, they would suggest that the number of people who cycle on Ballanard Road are few and far between and the poor footpath provision and narrow carriageway make cycling dangerous (20.06.15). ASSESSMENT

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 appears to have been set aside as open space.
• 6.2 Whilst now not actively managed, the existing open space formally associated with The Castleward Green housing is clearly used by them and it was suggested in the earlier application that the residents value this, however only one resident of The Castleward Green has written in in this case and does not give as a reason for concern the loss of the open space to other users of the estate. 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. In this case, whilst it was clearly the idea when the estate was developed that this should be amenity space with planting and management, that has not been carried through to implementation. Interestingly, the Google Streetview image taken in September 2010 shows the site being tidier and the grass short and green compared with the current appearance which is overgrown and the grass tall and a pale brown colour.
• 6.3 The site is clearly not managed nor formally available or suited to use in any form and does not contribute positively to the character or appearance of the area. Whilst this should not as a general rule be used to support development where the land is not designated or suitable for residential development, in this case the site is identified on the Douglas Local Plan as Residential and what is proposed is compatible with this. As such, on balance it is considered that the proposal does not result in the loss of usable or managed public open space and as such the principle of development is considered acceptable.
• 6.4 The proposed site is similar in area to that of Ashley House and Carraghyn House combined, which are the closest houses to the application site, but is smaller than other pairs of properties within The Castleward Green. The provision of the access from within the estate will reduce the visual impact of the development from the public view, from Ballanard Road and it is considered that what will be visible from within the estate will be compatible with and sympathetic to the rest of the buildings.
• 6.5 The development will need to take account of the existing trees and the overhead electricity supply which runs parallel with Ballanard Road and these issues should be referred to in conditions and notes respectively.
• 6.6 The application is recommended for approval.

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 case Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Forestry are within the same Department of which the planning authority is part. As such Department of Environment, Food and Agriculture Forestry Division should not be afforded interested person status in this case.

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 following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

The owners of 5 and 7, The Castleward Green, Douglas

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation:

29.06.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. 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 dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• C 3. Notwithstanding the provisions of the Permitted Development Order, no fencing or walling may be erected on the site between the rear of either property and Ballanard Road, between the side of the property on plot 1 and The Castleward Green and between the front of either property and The Castleward Green unless approved in writing by the Department. Reason: to preserve the rural and open character of the site and the Castleward Green estate.

• C 4. Prior to the commencement of any work on site including site clearance, the applicant must have approved by the Department a scheme for the protection of the trees on site other than those which are shown for removal on plan reference 11. This plan must plot accurately the position and canopy spread of all trees on site and show the position of protective fencing underneath the canopy spread of each tree and within which no material may be stored, vehicles parked nor excavation or building undertaken. Such fencing must be retained unmoved throughout the building works hereby approved. Reason: to protect the existing trees on site which contribute to public amenity.
• C 5. Nothing may be planted or erected within either plot such that visibility splays are interrupted. Prior to the commencement of works, a plan showing the visibility splays must be approved by the Department and the works undertaken in accordance with that plan. Reason: in the interests of highway safety.

N 1. The applicant is recommended to liaise with the Manx Utilities Authority (Electricity) in respect of working close to the existing overhead electricity supply which runs through the site.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings 10, 11 and 12 all received on 15th May, 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:…13.07.2015

Signed :…………S CORLETT…………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (to include condition 5 at the request of the Committee).

Signatory to delete as appropriate YES/NO