39260

==== PAGE 1 ====

                                                 15/00582/B
                                 Page  1  of  7

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00582/B Applicant : Thalema Ltd Proposal : Erection of a dwelling with detached garage and associated landscaping (re-submission) Site Address : Land Adjacent To Brackenthwaite Port Lewaigue Ramsey Isle Of Man

Case Officer : Miss Jennifer Chance Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

BACKGROUND This application has been submitted following an enforcement investigation whereby, upon implementing a previous consent, PA 14/00500/B, a number of trees were critically damaged when they should have been protected and retained, and as such the conditions of the planning approval were breached and the approval rendered un-implementable. In addition, the site was accessed using a temporary roadway which damaged trees.

The application is accompanied by an Arboricultural Impact Assessment and tree survey which analyses the damage to the trees and makes recommendations for removal and replacement.

THE APPLICATION SITE

The application relates to a previously undeveloped parcel of land adjacent the dwelling known as Brackenthwaite, Port Lewaigue, Maughold. The site is at the western end of Port Lewaigue and has a frontage to the north side of the main road through the village. The site currently comprises mostly scrub and the land falls in a northerly direction towards the edge of the coast. There is a small group of trees on either side of the site at the front of the site next to the road. The boundary on the roadside is a low sod bank, which has been breached to create a temporary access into the site.

THE PROPOSAL

The application seeks planning approval for the erection of a two storey detached dwelling. The dwelling would be situated at the front of the site close to the road and would be slightly angled on a north-east / south-west access axis to take advantage of the sea views.

Vehicular access would be from a re-worked entrance off the road which would then fall towards a drive and parking area in front of the new house. The drive would be approximately 2 metres below road level. The dwelling itself would sit on lower ground than the drive and the dwelling would be accessed at first floor level. The ground level of the dwelling is approximately 3 metres below the level of the drive.

==== PAGE 2 ====

                                                 15/00582/B
                                 Page  2  of  7

4. The dwelling would have a modern but straightforward appearance. Its base would be clad in natural stone with white render above and at the rear. The roof would be natural slate. The windows and doors would be a dark grey composite material. There would be small detached timber garage to the east side of the dwelling.

The proposals also include the re-grading of the garden and land at the rear of the house.

Additional drawings have been received which address the following points:

Clarify the design of the roadside boundary;

Confirm post and wire fencing along the side boundaries;

Extend the spot levels to the rear of the site;

Confirm the use of natural slate and natural stone;

3D view of the east aspect of the dwelling when viewed from the road and site sections showing the re-profiling of the land at the rear. The plans and drawings have been circulated for information; and

Confirm revised visibility splays of 2 x 33 metres and 2 x 30 metres.

PLANNING HISTORY

The previous application referred to above (14/00500/B), was approved under delegated powers on 4 July 2014.

PLANNING POLICY

The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being for Low Density Housing in Parkland.

The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:

Strategic Policy 1:

'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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.'

Strategic Policy 2:

'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.'

Strategic Policy 5:

'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'

==== PAGE 3 ====

                                                 15/00582/B
                                 Page  3  of  7

Strategic Policy 10:

'New development should be located and designed such as to promote a more integrated transport network with the aim to:

(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.'

Spatial Policy 5:

'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

General Policy 1:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces 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; (e) does not affect adversely public views of the sea; (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; 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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

Housing Policy 4:

'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

==== PAGE 4 ====

                                                 15/00582/B
                                 Page  4  of  7

(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

Circular 8/89 'low density housing in parkland' is relevant. It states:

'This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982.

i. There is, on the Development Plan, and on some of the new Local Plans, land designated as "Low Density Housing in Parkland" (LDHP). From time to time, prospective developers seek guidance as to what, in detail, is meant by such a designation. This Circular responds to those enquiries.

ii. All trees within areas designated "low density housing in parkland" are deemed to be Registered by Part 4, paragraph 16 of the 1982 Development Plan Order.

iii. Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.

In the case of (a), Where residential development could take place without any tree- felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.

In the case of (b), the erection of further dwellings will only be permitted in exceptional circumstances.'

iv. Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-

buildings must be substantial, and designed and finished to the highest quality; and

each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.

Any specific policies included in the relevant Local Plan must also be observed.

Satisfactory provision of services and access will of course also be required.'

v. All applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch-spread of all trees. It is recommended that, once this information is available, the applicant's Architect consult the Department's Planning Officers.'

==== PAGE 5 ====

                                                 15/00582/B
                                 Page  5  of  7

REPRESENTATIONS

Maughold Parish Commissioners. During consideration of the last application they requested a condition to protect trees so that no more mature trees are removed in what they described as a sparsely wooded location. In this application they state that the breach of condition 6 is a very regrettable matter. They noted the damage to the established trees that the condition sought to protect. They seek assurance that the applicant and contractor will ensure that no further damage is done and that all mitigation requested is carried out. They suggest that the Department considers the imposition of fines be explored. They also comment that the traditional hedge should be reinstated and express concern that elsewhere walls or gates are installed despite plans stating that they should be hedges.

Highways Service - do not oppose

ASSESSMENT

The development proposed was fully assessed as part of the last application where it was considered that the principle of the proposal, its design, siting and access were all acceptable.

The main issue in the determination of this application is whether the development, without the trees shown to be retained, is still acceptable.

Following consultation with Forestry in DEFA on the proposed changes that are detailed in the application, it is considered that subject to the replacement trees being planted, in the location shown, that the development would be acceptable.

It has since transpired that Thalema Ltd, the name of the applicant is not the owner of the land adjacent which was originally shown in blue, and where the replacement trees are to be planted, however a letter has been received from the owner of the land who is a relative of the applicant, indicating that she is has given permission for the planting to take place. The matter is somewhat unfortunate, but providing replacement trees are planted the long term impact should be acceptable.

PARTY STATUS

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

2. 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 there are none.

Recommendation

Recommended Decision:

Permitted Date of Recommendation:

==== PAGE 6 ====

                                                 15/00582/B
                                 Page  6  of  7

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

C 2. The render shall be finished in white, off white or such other colour to be first agreed in writing by the Planning Authority, and permanently retained as such.

Reason: In the interests of the appearance of the development.

C 3. The drive shall be finished in stone paviors or such other materials to be first agreed in writing by the Planning Authority.

Reason: In the interests of the appearance of the development.

C 4. 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 5. There shall be no obstruction to visibility greater than 1.05 metres above adjoining road level forward of a line drawn 2 metres back from the nearside carriageway edge at the centre line of the access and extending 33metres to the west and 30 metres to the east, as identified on Drawing Number 0150/01 07 received on 25 June 2014. Such visibility shall be fully provided before occupation of the dwelling hereby permitted and shall thereafter be maintained at all times.

Reason: In the interests of highway safety.

C 6. Protective fences which conform with British Standard 5837:2012 shall be erected around any existing trees and other existing or proposed landscape areas during the course of construction. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

C 7. The trees shown on the submitted arboricultural report shall be planted in the planting season 2015/2016. Any trees indicated in the arboricultural report that, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Planning Authority.

Reason: In the interests of the environment and amenity of the area and to replace trees lost as part of the construction.

==== PAGE 7 ====

                                                 15/00582/B
                                 Page  7  of  7

--

This approval relates to Drawing Numbers 0150/02 01 Rev A (site location plan) received 28th August 2015, and plan references Tree survey A0.1 0150/01 03 (elevations) 0150/01 06 (site sections) 0150/01 04 Rev D(site layout) 0150/01 07 all date stamped as received 26th May 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to a Senior Planning Officer.

Decision Made : Permitted Date; 10.09.2015

Determining officer

Signed :...S CORLETT... Sarah Corlett

Senior Planning Officer