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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01326/B Applicant : Korngold Ltd Proposal : Erection of a dwelling with associated parking and alterations to access Site Address : Boat Yard Derbyhaven Isle Of Man IM9 1TR
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.03.2021 __
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. Prior to the dwelling hereby approved coming into first use or first occupation the access, parking and highway works shown in drawing number 3812-02 dated 16/03/2020 shall be provided in full accordance with the details and thereafter retained free from obstruction and available for access and parking use at all times.
Reason: To ensure the provision of a means of access and turning space to an adequate standard and to ensure the free and safe use of the access and highway.
C 3. Prior to the commencement of the development hereby approved a sample of the proposed stone shall be submitted to and approved by the Department. The development shall be finished in the approved stone in full accordance with drawing number r PA 102 Rev 2 date stamped and received 02/02/2021 (west, east and north elevations) prior to its occupation and retained as such thereafter.
Reason: Stone from the existing wall is to be re-used where possible and any stone required in addition to this shall be selected as to best match the original stone in the interest of visual amenity.
N 1. The applicant is reminded that the development includes the carrying out of work in and on an adopted highway and before undertaking this work you must enter into a Highway
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Agreement under S109A of the Highways Act, 1986. Further details are contained in the Manual for Manx Roads.
This application has been recommended for approval for the following reason. The proposal is a departure from the Area Plan given that Derbyhaven is identified as a 'group of houses in the countryside' with little or no scope for new dwellings, however in taking into account the particular context of the site being surrounded by existing residential development and situated within the envelope of Derbyhaven would infill and make best and efficient use of an existing underused previously developed site that is provided with existing infrastructure in line with the overarching aim and strategic polices of the Strategic Plan. The proposed dwelling is considered to be of a design that respects the specific coastal character and streetscene here and would present an overall visual improvement to a gateway site into and out of Derbyhaven. The dwelling is not to result in any adverse harm to the amenity of the adjacent neighbours and conditions will ensure that car parking and access arrangements will be provided in accordance with the submitted details and will not result in any adverse or unacceptable harm to highway safety.
Plans/Drawings/Information; This approval relates to drawing numbers PA 101 Rev 1 date stamped and received 13/03/2020, drawing number 3812-02 date stamped and received 16/03/2020, planning statement date stamped and received 22/12/2017 and drawing number PA 102 Rev 2 date stamped and received 02/02/2021. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): o Holmcroft o Homestead as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020).
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): o Herring House o Midway House as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE APPLICATION IS BEFORE THE COMMITTEE AS THE RECOMMENDATION TO APPROVE IS CONTRARY TO THE WRITTEN REPRESENTATIONS RECEIVED FROM THE LOCAL AUTHORITY AND THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN
0.0 PRE-AMBLE 0.1 This application was originally brought to Planning Committee along with neighbouring site 20/00319/B at the first meeting after Christmas 04/01/2021 with presentations made by
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both the Case Officer and Objector, however both applications were deferred to allow the applicant opportunity to present their case.
0.2 Since the last meeting the agent has sought to provide clarification of the height of the proposed dwelling following comments from the members and an updated drawing has been circulated for 21 days. The proposed dwelling is to have a central ridge 7.6m high matching the ridge height of Homestead and approx. 440mm taller than Holmcroft. Eaves levels remain around 5.2m throughout the proposed and neighbouring dwellings.
0.3 There have been no new comments received from the neighbours since the circulation of the drawings, however updated comments have been received from the Commissioners dated 25/02/2021 stating that the amended plans received March 2020 for the proposed access now satisfy their initial concerns in respect of parking and access via the golf club and that this would also apply to PA 20/00319/B.
0.4 The recommendation for the application remains as an approval
APPLICATION SITE 1.1 The application site forms the extent of an existing boat yard situated on the southern side of Derbyhaven Road a short distance from the junction with Fort Island Road and from Derbyhaven Bay and beach. The site sits between the golf course workshop building and a dwelling known as 'Holmcroft' and is bound by a large Manx stone wall around 2-2.5m tall.
1.2 Vehicular access into the site runs closest to 'Holmcroft' with a smaller pedestrian access nearest the golf course, both accesses joining directly with the main road. It is understood that a right of way exists along the vehicular route to allow access to the rear of 'Holmcroft'.
1.3 To the rear of the boat yard is a further parcel of land also under ownership of the applicant, this is similarly enclosed by a large stone wall on its outer boundary. This site is currently subject to a contemporaneous application for the erection of a dwelling under PA 20/00319/B
PROPOSAL 2.1 Proposed is the erection of a two storey detached dwelling mimicking a traditional cottage with a masonry rendered three bay front elevation, stone walls to each gable including re-use of existing stone boundary, an integrated chimney stack to one end and a pitched slate roof. The dwelling is to measure 9.4m across its front elevation and both side gables but tapers backwards into the site with a narrower rear elevation measuring approx. 7.3m wide. Eaves are to sit at 5.2m and central ridge reduced to 7.6m (originally proposed as 8.1m tall).
2.2 Six windows are proposed across the front elevation three at each level, the western gable facing the golf course is to have one first floor window and at the rear patio doors and two small windows at ground floor and a small glazed integrated balcony above sitting between the gable walls.
2.3 Vehicular access in to the site is to remain in its current position running along the proposed eastern gable and between the side gable of Holmcroft. The access measures 3.2m wide nearest the main road and 3.4m wide towards the rear of the dwelling. Two car parking spaces are proposed at the rear.
2.4 The original application submission outlined a vehicular exit via the adjacent site and through a new access proposed under PA 20/00319/B that was to connect with the adjoining golf course access. The site forming part of 20/00319/B is also under ownership by the current applicant and was outlined in blue in the drawings. In March 2020 updated site plan drawings were received which now sought to include the proposed access within the red line boundary
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for the current application along with upgrading works to the access junction with Derbyhaven Road.
HISTORY 3.1 There have been four previous applications at the site: o 92/01624/A - Approval in principle for erection of dwelling - Approved o 93/00828/B - Erection of detached dwelling - Refused o 05/00475/B - Removal of existing garages and erection of a two storey dwelling - Refused o 07/02212/B - Erection of a detached dwelling - Refused
3.2 05/00475/B was refused on the basis that the provisions for access would involve drivers of vehicles having limited visibility due to the existing roadside dwelling to the east and that vehicles would have either to reverse in or out of the parking spaces. The Inspector dismissed objections regarding unneighbourliness and over-development. Prior to that permission in principle was granted for a dwelling on the site under PA 92/01490/B. PA 93/00828/B was a detailed proposal for the dwelling, refused for reasons relating to the bulkiness, height and poor detailing of the property.
3.3 07/02212/B proposed a slightly larger two storey dwelling on the site set back from the road creating two layby parking spaces to the front. The dwelling was to project 5.5m beyond the rear elevation of Holmcroft and around 1.8m from their gable and boundary. The Inspector considered that the proposal was unacceptable due to the dominance of the rear part of the proposed dwelling over the neighbouring properties leading to unacceptable and that there was insufficient amenity space surrounding the dwelling for future occupants and car parking spaces were below standards and one space was not provided behind the dwelling, and there was no special circumstances justified as to why a lower standard should be accepted. The recommendation to refuse was accepted by the Minister 15/08/2008.
3.4 Also considered relevant in the assessment of the current application is PA 17/01312/B for the erection of a replacement dwelling with associated access and parking which was refused at appeal in November 2018. In this assessment the Inspector concluded the main issues to be the principle of the proposed development; its effect on the character and appearance of this area; its effect on the amenity of neighbouring residents; and its effect on the neighbouring golf course. As the area was zoned for residential use the principle of replacement was accepted, but as Appendix 4 of the same Area Plan defined Derbyhaven as a 'group of houses in the countryside' it was concluded that Housing Policy 14 was also relevant in its visual and amenity assessment along with Landscape Proposal and General Policy 2 (b), (c) and (e). The Inspector stated that comments on design may differ, however the proposed replacement house would be substantially different to the existing dwelling in terms of its size and would have a much larger footprint and the floor area would be more than 50% greater, contrary to Housing Policy 14 and by reason of its extension across a wider part of the site, views of the sea would be partially obstructed detracting from the coastal character of the area, and the scenic quality of the golf course contrary to Landscape Proposal and General Policy 2 (b), (c) and (e) and its development would contribute to the visual amalgamation of roadside housing in Fort Island Road, contrary to paragraph 3.23(v) of the Area Plan.
3.5 The application runs contemporaneously to 20/00319/B for the erection of a single dwelling within the site towards the rear of the Boat Yard. This application also seeks approval for the creation of a new access through the stone boundary wall and connecting with the Golf Course access road, with upgrading works also proposed for the access junction with Derbyhaven Road.
PLANNING POLICY AND STATUS 4.1 The site lies within an area designated on the Area Plan for the South as 'Predominantly Residential' and within Landscape Character area E11. In terms of local policy the Area Plan
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for the South 2013 specifically refers to Derbyhaven in paragraph 3.23 and Landscape Proposal 26 whereby it highlights the importance of any development maintaining its general coastal character and to avoid any physical or visual amalgamation of roadside housing.
4.2 Derbyhaven is 1 of 6 settlements identified as a 'Group of Houses in the Countryside' and was selected for further study which concluded that the group was not sustainable, there is little or no scope for infilling and that Derbyhaven is not far enough from Castletown for there to be a valid argument for local housing need and consequently additional dwellings were not proposed. However the Area Plan indicates some areas were shaded pink to reflect their residential character but that 'this shading does not imply that proposals for additional dwellings or other development will be supported; such applications will be judged on their merits.'
4.3 Paragraph 8.8 of the IOM Strategic Plan 2016 elaborates on 'Groups of Houses in the Countryside' stating that "there are in the countryside many small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys... Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape... In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important; however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation."
4.4 Paragraph 7.34.1 of the Strategic Plan goes into further detail on settlement character and states that "Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to: i) be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii) be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii) protect the character and amenity of the locality and provide adequate amenity standards itself; iv) respect local styles; and v) provide a safe and secure environment.
4.5 Paragraph 7.34.1 also defines infill, backland and tandem development, outlining the value of spaces between buildings and that such development must be provided with satisfactory access and sufficient amenity in its own right and that amenity and privacy of adjacent/adjoining dwellings shall not be negatively compromised. Environment Policy 42
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specifically refers to new development in existing settlements and its need to preserve a sense of place.
4.6 The overarching Strategic Aim for the Island 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, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage".
4.7 Strategic Policies 1 and 5 state that development should make best use of resources by optimising use of previously developed or underused land, ensuring efficient use of sites and being located as to utilise existing infrastructure. New development should be designed as to take into account local distinctiveness and make a positive contribution to the Island. Strategic Policy 2 and Spatial Policy 5 state that new development shall be located primarily within existing towns and villages and only permitted in the countryside in line with those exceptions listed in 6.3 'Development outside of areas zoned for development - General Policy 3'. Environment Policy 1 seeks to protect the countryside and its ecology for its own sake. The policy clarifies that for the purposes of that policy the countryside comprises all land outside defined settlements or which is not designated for future development.
4.8 The site here is not only referred to as a 'Group of Houses in the Countryside' but is also zoned as 'Predominantly Residential'. Housing Policy 6 requires development of land zoned for residential development to be undertaken in accordance with the specific brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria of paragraph 6.2 'Development within land-use zones - General Policy 2' this policy which covers a number of general standards towards acceptable development including visual and neighbouring amenity and protecting public views of the sea.
4.9 More recently in 2019 Residential Design Guidance (RDG) was formally accepted by the Department and although not a statutory document adopted by Tynwald the RDG is worthy of being a material consideration. The Residential Design Guide 2019 covers a number of matters relating to new housing development including 'Local Distinctiveness' and 'Good Neighbourliness' sections 2.2 and 7.0.
POLICY AND PARAGRAPH WORDING (listed in order of reference above)
4.10 Landscape Proposal 26: "The character of the compact group at Derbyhaven arises largely from the setting between the foreshore and the green space of the airport and the golf course. Since the buildings are of mixed age, form, and style, there is no need to adopt prescriptive guidelines for extensions, but it is important to maintain the general coastal character as viewed on the approach from Castletown and from the pleasant green areas adjoining the bay."
4.11 3.23 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula) i. To protect and enhance the identity of Ballasalla by conserving the rural character of the adjacent landscape. ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area. iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting. v. Avoidance of physical or visual amalgamation of roadside housing.
4.12 Existing Settlements
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7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment.
"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.
"Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.
"Tandem development (3)" (consisting of one house immediately behind another, and sharing the same access) is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front.
(1) Infill development - Building on a relatively small site in between two existing buildings. (2) Backland development - Development on land at the back of existing properties, usually on what were the back gardens, and often without a separate road frontage. (3) Tandem development - Consists of one house immediately behind another, and sharing the same access."
4.13 Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
4.14 Paragraph 8.8: Groups of Houses in the Countryside "8.8.1 There are in the countryside many small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys.
8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and
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may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape.
8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important; however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation."
4.15 Strategic Aim: "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, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
4.16 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 space1 and amenity standards; and c) Being located so as to utilise existing and planned infrastructure, facilities and services."
4.17 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."
4.18 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."
4.19 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."
4.20 General Policy 3 states (in part): "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;"
4.21 Housing Policy 6: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance
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with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
4.22 General Policy 2 states (in part): "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; e) Does not affect adversely public views of the sea; 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"
4.23 Residential Design Guide - 2.2 Local Distinctiveness "2.2.1 The Strategic Plan (2016) states at paragraph 4.3.8, "The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors.Atthesametimeaslavishfollowingofpastdesignidioms,evolvedforearlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe".
2.2.2 This document is intended to facilitate good quality design, and an important aspect of that is local distinctiveness. New residential development should be informed by the best qualities of our existing residential areas. However, this does not mean that all new residential developments should seek to replicate the appearance of older ones, and good quality contemporary design is encouraged. Nevertheless, it is important that the design of new residential developments, including their scale (including height), form, layout/orientation, and detailed design (including the materials used) is informed by and respects both the nature of the development site and the character of the neighbouring buildings and surrounding area.
2.2.3 The character and context of any residential development is created by the locally distinctive patterns and form of development, landscape, culture and biodiversity. These elements have often built up over a considerable time and tell a story of the site's history and evolution - the creation of a 'sense of place'. The character and context of a site should influence design positively so that development does not simply replace what was there but reflects and responds to it, for example by allowing the long-term retention of existing mature landscaping features or water features. The initial site context should also identify established building heights, lines and orientation of buildings that are adjacent to the site and should have a positive relationship with established housing and other development, including ease of pedestrian and vehicular movement.
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2.2.4 If the context to a development has been compromised by earlier development, this should not be seen as a reason to perpetuate what has been done before. Opportunities should be sought to deliver high quality sustainable development that reflects up-to-date technologies and aesthetics and creates a strong "sense of place"."
4.24 Residential Design Guide - Section 7.0 Good Neighbourliness
"Loss Of Light/Overshadowing 7.3.1 A development should not result in significant levels of loss of day light or overshadowing, especially to primary habitable rooms, or to private gardens. Applicants are advised to look carefully at the path of the sun throughout the day, and consider where shadows fall, using this information to help in considering the design, position and height of the extension. The impact of overshadowing will increase if the new property/extension is to the South of a neighbouring property (as the sun's orientation is East to West). When the windows affected serve habitable rooms then it will be necessary to assess the impact upon light reaching these rooms.
7.4 Overbearing Impact Upon Outlook 7.4.1 Any development should ensure that existing residents can enjoy appropriate levels of comfort and enjoyment of their properties without their outlooks being impacted by an overbearing building/structure. The positioning, design and scale of an extension/new build dwellings should not be dominant or have an adverse impact on the primary windows of a primary habitable room or on the private garden that may be present in a neighbouring property. It is normally possible to avoid overlooking with careful design and by following the guidance set out within this document. The impact on a private garden may include consideration of the overall size of the garden and whether only a small part of it is likely to be impacted on detrimentally.
7.5 Overlooking Resulting In A Loss Of Privacy 7.5.1 The "20 metre guide" provides a useful way to identify where overlooking is likely to be a concern. It refers to the distance between elevations that contain windows serving habitable rooms that face each other - if this distance is over 20 metres, overlook is unlikely to be a concern. This distance can be relaxed where the design or orientation is such that privacy and amenity of a neighbouring property is not compromised. In dense urban areas where there is already a level of mutual overlooking a lesser standard may be acceptable. The required distance may need to be greater if there is a change in topography, which would result in an adverse effect on the privacy and amenity of a neighbouring property.
7.5.2 The presence of existing or proposed landscaping features (e.g. fences, walls and hedges) may help to mitigate overlooking at a ground floor level (depending on relative heights). Although the permanent retention of such landscaping cannot be guaranteed, it would be within the gift of both neighbours to retain/maintain/replace such landscape features."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissioners - an objection was originally submitted on (12/01/2018) stating that the proposal does not overcome the reasons for refusal of 07/02212/B, and would have an adverse impact on the outlook from the rear of Holmcroft and Homestead and there is a lack of amenity space around the proposed dwelling. The plans show provision for parking at the rear, but it is highly unlikely that both vehicles would be able to park as there is insufficient turning areas, visibility from the entrance is insufficient. There is reference to a possible alternative entrance at the rear of the site however this would require access over third party land (golf course) and this does not form part of the current application and therefore cannot
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be considered. Updated comments were received 25/02/2021 stating that the amended plans received March 2020 now satisfy the parking and access matters.
5.2 Department of Infrastructure - DO NOT OPPOSE SUBJECT TO CONDITIONS (22/02/2019, 23/04/2020 and 30/04/2020) - while initially a deferral was requested (19/01/2018) seeking visibility splay drawings for the exit from the private access on to the main road and vehicle swept path analysis for the parking and manoeuvring of two vehicles within the site as to allow entry and exit in forward gear, this information and detail was provided and DOI confirmed 'Do Not Oppose Subject to Condition' (DNOC) with further comments on 08/06/2020 highlighting need for Grampian condition for works relating the access improvements. Matters relating to the right of way were also clarified in comments from DOI and the agent.
5.2.1 Those DNOC comments have been summarised as: Drawing No. 3812.02 received 14/12/2018 shows red and blue lines and demonstrated that highway visibility of 2.4m x 25m can be achieved in both directions and the proposed kerb build outs would still maintain a suitable road width of 6m and should not effect on-street parking as there is highway legislation preventing any parking within 7m of a junction. While part of the on-street parking would encroach on the right hand visibility splay the DOI do not believe that this will cause any highway safety problems. DOI do not oppose subject to an advisory note relating to S109a and as the proposed junction improvements would be required for any additional dwelling or premises conditions (Grampian to safeguard its deliverability) requiring revised access road junction and visibility splays being provided prior to coming into use of dwelling in accordance with 3812.02 and visibility splays retained at all times clear of all obstructions greater than 1.05m.
5.3 Owners of Holmcroft - OBJECTION (16/01/2018 and 17/01/2018) - Proposed gable will limit light to a lobby window, and the proposed entrance door is opposite a window illuminating a stairwell and utility room. There are 6foot ladder rights along their west gable. Reference is made to a previous application on the site which was rejected due to insufficient amenity space around the building. Object to the intention to remove ancient limestone wall separating site from public road which is an integral part of Derbyhaven streetscene and houses wagtail nests.
5.4 Owners of Homestead - OBJECTION (15/01/2018, 09/01/2019, 08/04/2020 and 07/05/2020) - these have been summarised as follows: o Proposal has not overcome reasons for refusal of 07/02212/B; o Would have an adverse effect on outlook from rear of Holmcroft and Homestead and insufficient amenity space around the proposed dwelling o Insufficient safe car manoeuvring space resulting in health and safety issues and cars driving over pedestrian right of way which is not wide enough to allow cars safe passage o Proposal will block views and light from south facing gable window and result in considerable overshadowing on south facing back gardens o There will be a detrimental effect on privacy at rear of Holmcroft o Reference to a previous proposal for 21 houses on the golf course and their objection to any growth in the hamlet adversely impacting on the limited utilities and amenities. o There are a large number of empty properties on the Langness Road so how can this application plus three new developments be considered for approval? o No relevance of comments to improvement of tractor shed or virtual golf shed and private road, nor regarding the unsightly appearance of the boatyard. The wall should be made safe and tidied up. o Proposal refers to rear exit over third party land but this does not form part of the application and cannot be considered. o There is inadequate turning space for two cars and proposed kerbside splays will not improve traffic calming, only decrease on street parking availability for existing residents and add to parking congestion on the highway and Langness Road.
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5.5 Owners of Herring House - IN SUPPORT (26/01/2018) - confirm that the applicant has full right of way by deed from road to larger site behind the proposed dwelling and internal parking could be resolved through planning condition associated with the larger site. In our ownership we have improved the green keeper golf shed and the private road serving the properties and there are further intentions to improve the entrance with gate posts and gate. The current proposal will considerably improve the streetscene at entrance to Derbyhaven and remove the untidy internal appearance of the boatyard as seen by passing public, and agree that the stone of existing wall must be reused within the build.
5.6 Owners of Midway House - IN SUPPORT (22/02/2018) - existing entrance into village is unsightly and a sympathetic Manx styled cottage would greatly improve the impact when entering the village from Castletown. The plans submitted appear to have been thoughtfully presented and in keeping with the surrounding buildings. It is agreed that the stone should be re-used on the dwelling.
ASSESSMENT
Principle 6.1 Strategic Policy 2 and Spatial Policy 5 of the Isle Man Strategic Plan 2016 indicate that new development will be located primarily within existing settlements, and that development in the countryside will be permitted only in the exceptional circumstances identified in General Policy 3. General Policy 3 of the Isle of Man Strategic Plan 2016 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan, subject to certain specified exceptions.
6.2 In this instance the site is zoned for 'predominantly residential' development on the Area Plan for the South 2013 'Map 3 - Proposals', however Derbyhaven is also recognised as being a 'Group of Houses in the Countryside' with further study concluding that the group is not sustainable, that there is little or no scope for infilling and is not far enough from Castletown for there to be a valid argument for housing need and therefore no additional dwellings were proposed as part of the area plan process, and that such proposals would be judged on their own merits (APS paragraph 4.10.3).
6.3 Derbyhaven is not listed in the settlement hierarchy and is concluded to be unsustainable and it is therefore clear that the proposed development would be contrary to Strategic Policy 2 and Spatial Policy 5, however Strategic Policy 1 outlines that development should make the best use of resources by optimising previously developed or unused/under- used land, making efficient use of sites and utilising existing and planned infrastructure, so while adding further dwellings to such groups of houses in the countryside may not strictly accord with policy or sustainability their introduction may assist in supporting and sustaining social, family and rural economy and reduce the pressure for purely sporadic and isolated development across the countryside.
6.4 Previously the site has been used for the storage of boats (aerial images google 2010) although from recent site visits it appeared that the area looked to be under-used/unused for such. The boatyard sits within the established envelope of Derbyhaven and its redevelopment for a single dwelling would seek to make best use of, and optimise a previously developed but under-used site that is already facilitated by existing infrastructure and one which is surrounded by existing residential dwellings. The existing large stone boundary wall surrounding the site delineates the edge of the established envelope and albeit on the end of a terrace the site could be considered 'infill' between the edge of the envelope and existing built up frontage. The proposed development would meet the principle tests of Strategic Policy 1, General Policy 3(c) and paragraph 8.8, and would fit within the scope and definition of 'infill development'.
Visual Impact
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6.6 Strategic Policy 5, General Policy 3(c), Environment Policy 42 and Landscape Proposal 26 highlight the importance of visual impact, and the vital need for any new development to make a positive contribution to the Island and not to result in any adverse harm to the individual character and identity of the setting in which it is to sit. The stone boundary wall sounding the site positively contributes to the historic character of the area and reflects traditional materials often found around the Island. The remaining part of the site offers very little contribution. The proposal now seeks to integrate the existing stone wall materials into the end gable wall which is perhaps the most prominent elevation when entering Derbyhaven. The re-use of this stone helps to maintain its positive contribution to the area and which respects the coastal and historic character of Derbyhaven. The new dwelling as a whole is considered to provide an overall visual improvement to the streetscene at a fairly prominent gateway site.
Amenity Impact 6.7 The proposed dwelling mimics the general form, proportion and materials of a three bay Manx cottage, it is to be finished with a pitched slate roof and incorporates existing stone materials within its end gable walls. The size and design of the dwelling respects the neighbouring terrace of cottages and is not to dissimilar in terms of its heights and general footprint and its rear elevation does not project beyond their rear elevations as to avoid any impacts in respect of overbearing or overshadowing. There is an existing window on the neighbouring gable of Holmcroft which will undoubtedly have its outlook changed, however given that this serves a non-habitable room (hallway) and with primary and secondary windows remaining unaffected at the front and rear elevations it is not considered that the change to the hall will be so adverse as to warrant a refusal. The proposal is considered to comply with the general standards towards development set out in General Policy 2 and to accord with the principles of section 7.0 of the Residential Design Guide.
Highway Impact 6.8 There is a small number of existing dwellings clustered around the Derbyhaven/Fort Island road junction that rely on on-street parking due to the close knit arrangement of the terrace, and there are a number of properties that have parking available within rear yards. There are four dwellings already utilising the existing golf course route in order to access the rear of their dwellings.
6.9 The current application runs contemporaneous to 20/00319/B a site adjoining the boat yard also under ownership by the current applicant, this application also seeks approval for the erection of a new dwelling with the creation of a new vehicular access through the existing stone boundary wall and joining with the existing golf course road and includes upgrading works to its junction with the main road to better facilitate safety and visibility.
6.10 The boatyard application seeks to retain the existing vehicular access into the site with a 3m wide access running between the gables of Holmcroft and the proposed new dwelling with two car parking spaces proposed at the rear. The right of way serving the rear of Holmcroft and Homestead will remain unchanged from the current situation with no development proposed along this 3m strip, its shared use will not be significantly different to the existing arrangement. Highway Services have indicated that they do not oppose the current proposal indicating that suitable manoeuvrability can be provided, that visibility from the golf route is acceptable and that vehicles can enter and exit in a forward gear. DOI have outlined a number of conditions in respect of the access works in order to ensure its deliverability. The proposal provides two car parking spaces meeting with the standards of the strategic plan and the vehicular access operating in best practise as an in and out with the exit shared with the adjoining site. The proposal is not to dissimilar to tandem development in as much as there is a shared access involved (the exit on to golf course), but unlike "Tandem development" with one house in front of the other the shared access here sits in the middle of the two and its use is not expected to result in any adverse disturbance or privacy impacts to the house sharing with it.
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6.11 The development is provided with two car parking spaces, although it cannot be guaranteed that both spaces will be fully used. It has been acknowledged that there is on- street parking available in the immediate area and this serves those dwellings without off road car parking. In practise both proposed car parking spaces will be conditioned to be retained free from obstruction and made available for parking at all times, but in reality it's possible that any future occupant or any visitor in excess of those two car spaces could utilise the on-street parking similar to the immediate neighbours. The use of on-street car parking cannot be controlled as part of the application, but an assessment of any anticipated use could be considered, and in this case it is considered that any anticipated demand for on-street parking as a result of the new dwelling is not expected to bring about any significant or unacceptable harm to the area and could be argued to be comparable to and no worse than the existing boat yard use particularly if those visiting arrived by or left their vehicles while tending to boating activities.
CONCLUSION 7.1 The proposal is a departure from the Area Plan given that Derbyhaven is identified as a 'group of houses in the countryside' with little or no scope for new dwellings, however in taking into account the particular context of the site being surrounded by existing residential development and situated within the envelope of Derbyhaven would infill and make best and efficient use of an existing underused previously developed site that is provided with existing infrastructure in line with the overarching aim and strategic polices of the Strategic Plan. The proposed dwelling including its slightly reduced ridge line is considered to be of a design that respects the specific coastal character and streetscene here and would present an overall visual improvement to a gateway site into and out of Derbyhaven. The proposed dwelling is not to result in any adverse harm to the amenity of the adjacent neighbours and conditions will ensure that car parking and access arrangements will be provided in accordance with the submitted details and will not result in any adverse or unacceptable harm to highway safety.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee 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 in Article 6(4) 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 15.03.2021
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Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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