Officer Report

Application No.: 15/01055/A Applicant: Mr David Maddrell Proposal: Approval in principle for erection of two dwellings addressing means of access Site Address: Plot Adjacent To Maughold Lodge Claughbane Walk Ramsey Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 29.09.2015 Site Visit: 29.09.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT GIVEN THE PLANNING HISTORY OF THE SITE

1.0 SITE - 1.1 The application site forms the curtilage of a parcel of undeveloped land, located to the north of Maughold Lodge and Claughbane Walk and east of The Crescent. To the east of the application site are the properties of 29, 30 and 31 Queens Valley. To the north and west of the site is a vacant plot of land.

2.0 PROPOSAL - 2.1 The application seeks approval in principle for erection of two dwellings addressing means of access.

3.0 PLANNING POLICY - 3.1 The dwelling has been zoned under the Ramsey Local Plan Order 1998 as being within an area of predominately residential; the site is not within Ramsey Conservation Area. - 3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 3.3 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 underused 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."

3.4 Strategic Policy 2 states: "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." - 3.5 General Policy 2 states: "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;
• (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 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.

3.6 Housing Policy 4 states: "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:

• (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."

3.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.8 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.0 PLANNING HISTORY

4.1 The following planning application is considered relevant in the assessment and determination of this application: - 4.2 Variation of condition 1 of approved PA 10/01832/B (erection of dwelling and creation of vehicular access) to extend period of permission - 15/00749/B - APPROVED - 4.3 Erection of a detached dwelling and creation of a vehicular access - 10/01832/B - APPROVED at APPEAL - 4.4 Creation of temporary vehicular entrance - 10/01550/B - APPROVED - 4.5 Erection of a detached dwelling and creation of a vehicular access - 09/01533/B - REFUSED at APPEAL on the following grounds:-

"1. Because of its siting, the proposed driveway would dominate the outlook from adjoining dwellings, and there would be perceived overlooking of these dwellings from the drive. The effect of the access on the local amenity of adjacent dwellings would thus be unacceptable.

• 2. The Mass of the proposed 3-storey dwelling, and its siting on an artificially created platform, would have an adverse visual impact on the residents of neighbouring dwellings."

4.6 Erection of a dwelling and creation of a vehicular access - 08/00693/B - REFUSED at APPEAL on the following grounds:"1. The proposal as a whole, including the earthworks likely to be necessary, would detract from the residential amenities of the area.

1. The proposed access arrangements could cause road-safety hazards. The Minister did state that this decision is without prejudice to a further application which:-

• (a) includes full details of the levels and extent of all earthworks and retaining structures;
• (b) demonstrates where and how the required visibility splays would be provided; and
• (c) addresses the concerns expressed in paragraph 24 of the report (regarding creation of the driveway and impact on neighbouring amenities)."

4.7 Approval in principle for the erection of a single dwelling - 06/02255/A - APPROVED at APPEAL. - 4.8 Approval in principle for the erection of two detached dwellings and associated parking 06/00314/A - Refused on the following grounds:The proposal, by reason of its siting and design: "1 (a) would result in the introduction of unsympathetic and incongruous features within the locality when view from Claughbane Walk in that would be out of keeping with the general established character of the area contrary to Policy R/R/P3 of Planning Circular 2/99;

• (b) would result in the creation of a poor relationship between the proposed dwellings which would result in overlooking and overshadowing and thereby result in the creation of a poor residential environment for the future occupiers of the dwellings to the detriment of their living conditions; and
• (c) the proposed dwelling nearer to Maughold Lodge would be so close, and at such a level that it would not provide an acceptable level of amenity for the occupants, in that it would be overlooked and overshadowed thereby.

1. The proposed development would generate more traffic compared to a single dwelling house and would intensify the use of the existing access onto the public highway. The visibility from the proposed access driveway onto the public highway is inadequate to serve the increased traffic movements from the site and therefore would be prejudicial to highway safety. Furthermore, the width of Claughbane Walk would not permit safe access/egress by vehicles, and is inadequate to serve the needs of this development resulting in increased congestion and nuisance to the detriment of the free flow of traffic and road safety."

- 5.0 REPRESENTATIONS

5.1 Ramsey Commissioners have not objected to the application (received on 11.11.2015). - 5.2 Highway Services have not objected to the application (received on 29.09.2015) and make the following comments: "Applicant has met current highway standards to accommodate two new dwellings by improving current access and visibility sightlines. If the application is to be approved the following conditions should be attached:

• 1. Prior to any works on site the visibility splays of 2.4 x 36 metres shall be provided and nothing must be planted or erected within the sightlines which may exceed 1.05 metres."

6.0 ASSESSMENT - 6.1 There are five main issues which need to be considered; (a) the principle of developing this site for two dwellings; (b) potential impact upon the highway network and parking provisions; (c) potential impacts upon neighbouring amenities; (d) potential amenities for the future occupants of the proposed dwellings; and (e) potential appearance upon the street scene. PRINCIPLE OF DEVELOPMENT OF TWO DWELLINGS - 6.2 The starting point is to recognise the site is designated for residential development under the adopted Ramsey Local Plan. Furthermore, the principle of developing the site for residential purposes has been established, albeit for a single dwelling. Since the previous approval there have no changes in policy. Accordingly, the land use designation and planning policies which need to be considered now are the same as those considered in the previously approved application. - 6.3 In relation to whether two dwellings are appropriate to the site, the submitted application does include details of the entrance of the site, shared driveway and the layout of the two plots. Also on each of the two plots is an indicative plan of each dwelling sited within each plot. No detailed plans have been provided regarding the height or design of the dwellings; however, the applicants have provided computer illustrations of the type of dwellings proposed and positioned on the site. These are dormer styled properties. The applicants have indicated they have proposed this style of dwelling to keep the ridge height of the dwellings as low as possible and so reduce the visual impact of the proposed buildings. The applicants have confirmed they would have no objection to a condition being attached that should any Reserved Matters application be submitted, the dwellings should be either single storey or dormer styled properties i.e. accommodation within roof space. In terms of the precise siting or size of the dwelling this would be dealt with any potential Reserved Matter stage. - 6.4 As stated previously, the site is within an area zoned as predominately residential use. Therefore the principle of residential use on the site is acceptable; however, consideration needs to be taken to ensure that two plots could physical fit within the site, whilst providing adequate amenities (e.g. parking/turning provision, internal/external amenity space etc). Such issues will be considered in the following paragraphs of this report. POTENTIAL IMPACT UPON THE HIGHWAY NETWORK AND PARKING PROVISIONS - 6.5 In agreement with the neighbouring owners of Maughold Lodge (as before), the new vehicular entrance onto Claughbane Walk is proposed to be a combined entrance, providing improved visibility for the owners of Maughold Lodge and also providing the required 2.4m x 35m visibility splays. Additionally, the new entrance can be used as a passing place which will further improve highway safety for this part of Claughbane Walk. Highway Services have sought 2.4 m x 36 metres in both directions. Whilst the proposal is 1 metre below this in both directions, it is not considered to be an amount which would result in a significant impact upon highway safety. - 6.6 It should be noted that the previous application submitted a similar scheme for a combined access arrangement, albeit with visibility splays of 2m x 18 metres in both directions, which was considered acceptable by the inspector and subsequently the Minister in previous applications. This proposal almost doubles the visibility splay, although it is acknowledged the access would serve three dwellings (Maughold Lodge and two new dwellings) rather than two as approved previously (Maughold Lodge & single dwelling on site). - 6.7 For these reasons it is considered the proposed access arrangements would be an appropriate form of development, which would have no significant impacts upon all users of the public highway. - 6.8 Regarding off street parking provision as required by the Isle of Man Strategic Plan two off road parking spaces are required for each dwelling. Again as this is an approval in principle

application, there are no details of parking provisions. However, it is considered there is sufficient room within each plot to provide the required level of parking. Accordingly, it is considered the proposal would be acceptable and comply with General Policy 2 and Transport Policy 4 & 7.

POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES

6.9 This issue has generally been the main issue when considering all of the previous applications. The properties most affected by the development are Nrs 28, 29, 30 & 31 Queens Valley which would be located to the east of the proposed dwellings. The topography of the area is such that these neighbouring properties ground levels are significantly below the ground level of the application site. The indicative plan shows the gable elevation of plot 1 being 21.5 metres from the rear elevation of Nr 30 Queens Valley. This would be the closest neighbouring property to the application dwellings. A further issue has been relating to the driveway and the retaining wall required and proximity to the neighbouring properties. This submission again does not include detailed drawings of the driveway, but it is suggested that the driveway could be located further away from these neighbouring properties. - 6.10 The eastern boundary is heavily landscaped (more than previously) with mature hedgerow and trees which form a significant barrier between the application site and neighbouring properties of Queens Valley. However, as the application is only in principle, there are no detailed plans regarding the proposed dwellings, except an indicative layout of each dwelling and style, in relation to each plot. Therefore, it is not possible to give a full assessment on how each dwelling would impact upon the residential amenities of the neighbouring properties. This matter would be determined at a further detailed application stage, which would give detailed drawings of the proposed dwellings. Nevertheless it is considered that two properties could be accommodated without unduly impacting on neighbours. POTENTIAL AMENITIES FOR THE FUTURE OCCUPANTS OF THE PROPOSED DWELLINGS

6.12 Again given the application is in principle only; a full assessment cannot be made at this stage to whether the future occupants of the dwelling would have an acceptable level of amenities. However, the indicative plans do give the impression that both dwelling would have adequate amount of gardens around the dwellings and could have clear and pleasant outlooks from the principle rooms. Therefore at this stage, it is considered two dwellings could be designed which ensure any future occupants have appropriate amenities. POTENTIAL APPEARANCE UPON THE STREET SCENE - 6.13 The sloping nature of the site is such that the two properties would be significantly below the road level of Claughbane Walk, and any views would be looking down at the properties. Again at this stage a full assessment cannot be made on this issue given no detailed plans of the dwellings have been provided. It is considered the style illustrated in the computer images would be appropriate and in keeping with the area. However this issue would be dealt with at any Reserved Matters application.

RECOMMENDATION Overall, it is considered, due to the reasons given within the assessment section of this report, that the proposals would comply with the relevant policies as stated within the Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998 and the Isle of Man Strategic Plan. Accordingly, the application is recommended for approval.

PARTY STATUS

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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 Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

"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:

11.11.2015

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of design, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. No other development may commence on site until the access, complete with visibility splays of

• 2.4m by 35m as measured from the edge of the carriageway (as shown in drawing 0713B/03 REV) has been formed and is available for use. Construction traffic and vehicular access to the proposed housing must be solely from this access point.

Reason: in the interests of highway safety and the amenities of those alongside the lane to the north west of the site.

• C 5. The dwelling must be either single storey and/or a dormer styled property as shown within Illustration 1 of Appendix III of the Architects Design Statement.

REASON: in order for the dwellings to fit comfortably within the site without adversely affect residential amenities of neighbouring properties.

This approval relates to drawings reference numbers 0713B/01, 0713B/02 and 0713B/03 received on 18th September 2015 and 29th September 2015

Decision Made : ……PER…… Committee Meeting Date:…30.11.2015

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.

Signed :………C BALMER…….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).

Signatoryto delete as appropriate YES/NO