Loading document...
==== PAGE 1 ====
20/01246/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01246/B Applicant : Mr Richard Wild Proposal : Erection of a dwelling Site Address : Land Between Glas Choille And Winston Glen Auldyn Ramsey Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.04.2021 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The dwelling hereby approved shall not be commenced until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Reason: In the interests of highway safety during the construction process and once the dwelling is occupied.
C 3. 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 4. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously
==== PAGE 2 ====
20/01246/B Page 2 of 8
damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
N 1. The applicants are advised that Japanese Knotweed is known to be along the riverbank in the south west corner of the building plot and there is a high risk that the plant may be unintentionally spread when the new house is to be constructed, or via increased footfall in this area in the future. Even tiny fragments of the plant can be spread via the river which could enable establishment further downriver, which would be an offence. If left untreated and allowed to spread Japanese Knotweed could cause significant damage to the new property and therefore it is in the best interests of the applicant to ensure that it is removed, if present, prior to works taking place.
The applicants are strongly recommend to contact the Ecosystem Policy Team, DEFA to discuss what measures should be undertaken.
N 2. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it isan offence to: o intentionally or recklessly kill, injure or take any wild bird o intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally or recklessly take or destroy the egg of any wild bird o intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to 10,000 pounds.
The bird nesting season is usually between late February and late August or late September in the case of swallows or house martins. Thorough checks for birds, theiractive nests and eggs should be undertaken prior to clearance of vegetation. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
This application has been recommended for approval for the following reason. It has been assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the street scene/area or cause undue harm on public amenity. Accordingly, it is considered the proposal would comply with General Policy 2& Environment Policy 13 of the IOM Strategic Plan 2016 and the Residential Design Guide 2019.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings 100, 202 & Planning Statement all received on 23rd October 2020 and drawing 200 REV E received on 11th February 2021.
==== PAGE 3 ====
20/01246/B Page 3 of 8
__
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Flood Management Division (DOI)
It is recommended that the following persons 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 4(2):
The owners/occupants of Winston, Glen Auldyn, Ramsey The owners/occupants of Woodbank, Glen Auldyn, Ramsey
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
__
Officer’s Report
1.0 THE SITE 1.1 The site is a parcel of land on the western side of the Glen Auldyn Road, approximately 1.1km to the south of its junction with the A3 Lezayre Road. The site sits between two existing properties - Winston which lies to the south and is owned by the applicant, and Glas Choille to the north. Glas Choille is a detached, modern bungalow with stonework walling on some elevations, render on others and a grey hipped roof. Winston is a two storey property. The plot has a frontage to Glen Auldyn Road of around 40m and a depth of between 42m and 50m. The site is bounded by the Glen Auldyn River to the west. The site is relatively flat.
2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of a two storey dwelling. The dwelling would be sited to the centre of the site and located back from the Glen Auldyn Road. The dwelling would be served by a single access from the public highway and will have a driveway which will accommodate a further three vehicles and turning provision. The creation of the access will necessitate the relocation or removal and replacement of four trees to the south of the entrance in order to provide adequate splays.
3.0 PLANNING STATUS AND POLICY 3.1 The site lies within an area of Predominantly Residential Use on the Town and Country Planning (Development Plan) Order 1982. The western boundary of the site is within a high flood risk zone, albeit the majority of the site, including the footprint of the dwelling and the driveway/access are not within a high flood risk zone.
3.2 As such, the provisions of General Policy 2 are applicable in this case as follows: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape;
==== PAGE 4 ====
20/01246/B Page 4 of 8
d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) does not affect adversely the amenity of local residents or the character of the locality; h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space and i) does not have an adverse effect on road safety or traffic flows on the local highways".
3.3 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.4 Residential Design Guide 2019.
4.0 PLANNING HISTORY 4.1 The most recent application for this site is for the "Variation of condition one of approved PA 11/01598/B for erection of two dwellings, to extend the period of permission by four years" - 15/01330/B - which was approved.
4.2 PA 11/01598/B which approved the erection of two detached dwellings.
4.3 Before application 11/01598/B was approved, there was a further application 10/1016 which proposed two identical properties on the site. This was refused for the reason that: "The proposed dwellings, by reason of their design, uniformity and positioning within the site, would result in a scheme that would be out of character with the unique and semi-rural nature of Glen Auldyn" uniformity and positioning within the site, would result in a scheme that would be out of character with the unique and semi-rural nature of Glen Auldyn".
5.0 REPRESENTATIONS 5.1 Highway Services comment (received on 19.11.2020): "As stated in the Isle of Man Strategic Plan 2016, the parking standard for a residential dwelling is 2 spaces per unit. The proposed plans allocate hardstanding space within the curtilage for at least 3 spaces, meeting and exceeding the minimum parking requirements. Additionally, the configuration of the driveway allows for turning for forward gear entry and exit. To aid sustainable travel and low emission objectives, separate provision should be made for bicycle parking in a secure and covered storage facility and consideration given to the installation of an electric vehicle charging point. It has been proposed that any surface water will be disposed of to a soakaway. This should be adequate enough mitigation to avoid any surface run-off onto the highway. The proposed access and driveway width is acceptable for shared use between pedestrian and vehicles. The visibility splays at the new access have been drawn as 2m x 23m, matching the visibility provided for previous planning application on the same site. Glen Auldyn Road has a 30mph speed restriction. According to Manual for Streets stopping sight distances, the visibility provided from the new access should be 2.4m x 43m. However, considering the distance along Glen Auldyn Road the dwelling is located, the area would be lightly-trafficked. Under these circumstances the 2m x-distance is acceptable. Additionally, due to the narrow road width and winding design of Glen Auldyn Road, vehicle speeds would most likely be slower than the speed limit provided. Therefore the visibility provided is acceptable for the area. The alterations to the highway, to create a new access, will require a S109(A) agreement post planning consent. As the proposals raise no significant road safety or highway network efficiency issues, no objection is raised by Highway Services.
==== PAGE 5 ====
20/01246/B Page 5 of 8
This is subject to conditions for vehicle access arrangements, including the visibility splays, to accord with drawing No.202 and internal pedestrian and vehicle areas, including parking with requirement for bicycle parking. An advisory for a S109(A) Highway Agreement to apply too. Recommendation: DNOC"
5.2 Lezayre Parish Commissioners have recommended an approval (04.12.2020 & 05.03.2021).
5.3 The Flood Management Division (recently created, previously Manx Utilities) initially commented (03.12.2020) that the above application though the property is outside the 1 in 100 plus climate change fluvial flood zone we would still recommend that a flood risk assessment considers the issues of surface water. Following discussion with the applicants and the FMD (who visited the site) it was confirmed that they were (18.03.2021); "less concerned about the surface water route shown on the surface water maps as the position of the property is away from this location. I would recommend in possible that the house be raised above the surrounding ground if possible.". The applicants sought advice on the recommended height increase, but received no response from FMD. The applicants indicated that (25.03.2021): "The ground floor level is proposed at 150mm above the external ground level as required by the building regulations. Any significant raising of the ground floor level would therefore raise the ridge height thus requiring an amended planning application. Would the installation of floodboards across the thresholds be an alternative solution?". FMD responded (25.03.2021) by indicating that; "The house raising is a recommendation to be considered by the Planning Department.".
5.4 The Ecosystems Policy Officer (DEFA) raise concern (02.12.2020) of Japanese Knotweed is known to be along the riverbank in the south west corner of the building plot and there is a high risk that the plant may be unintentionally spread when the new house is to be constructed, or via increased footfall in this area in the future. Even tiny fragments of the plant can be spread via the river which could enable establishment further downriver, which would be an offence. A condition is secured for a Japanese Knotweed survey to be undertaken and, if Japanese Knotweed is found, then plan for its responsible removal should be provided prior to Planning for written approval prior to works taking place. Further the Officer recommends a advisory note is provided in relation to nesting birds.
5.5 The Senior Forestry and Arboricultural Officer (DEFA) comments that they (17.11.2020); "have no objection to the tree removal required at the front of the property to form the entrance but would recommend that a condition is used to request further detail on the proposed planting if it is approved. These details should include a nursery specification and planting specification, plus details of when the planting will be undertaken."
5.6 The owners/occupants of Winston, Glen Auldyn, Ramsey have objected to the application which can be summarised as (23.11.2020 & 01.03.2021): The design and orientation of the proposed property means that we will lose our privacy and will be overlooked; The previous planning permission, which has expired was designed in such a way that we would not have been overlooked and lose our privacy in the same way; There are currently no two-storey properties in the immediate vicinity of Winston or that overlook our property; We are not unreasonable people and would support a bungalow being constructed on the plot, however, the proposal as designed would affect us directly and would change permanently the privacy that is currently enjoyed at Winston; Having reviewed the revised plans there seems to be little material difference in the new plans. It still proposes to erect a two storey dwelling, which would still overlook our property. There are now additional windows on the first floor fundamentally increasing the view over our garden, which is currently not overlooked; and if approval us to be granted for the two storey house, we would request that it is centralised on the plot rather than being set at an angle. This would be consistent with all other properties in Glen Auldyn and would mean that the main frontage would directly face
==== PAGE 6 ====
20/01246/B Page 6 of 8
towards the road with only a tall ground floor window in the SW elevation facing our property thereby ensuring our continued privacy.
5.7 The owners/occupants of Woodbank, Glen Auldyn, Ramsey have no objection to the application (02.03.2021): but as they live opposite the proposed new access is opposite their entrance and they ask that the new splays and entrance ate constructed first as the main road is narrow and would cause problems of access to the site without using our entrance.
6.0 ASSESSMENT 6.1 The following Material Planning Issues should be considered:
Principle of Residential Development; 2. Impact upon Neighbouring Amenities; 3. Impact upon the visual amenities of the street scene/area; 4. Flooding issues; and 5. Ecology issues.
Principle of Residential Development 6.2 The starting point is to establish the principle of residential development on the site. As indicated within the planning status section of this report, the site is zoned as "residential use". A outlined in the history section of this report there are previous application which have allowed residential development on this site and there have been no policy changes since which would reverse these previous decisions. Accordingly, it is considered the principle of residential development on this site is acceptable.
Impact upon Neighbouring Amenities 6.3 The main issues to consider regarding the impacts upon neighbouring amenities are loss of light and/or overlooking resulting in a loss of privacy. The properties mostly likely to be affected by the development would be 'Glas Choille' to the north and 'Winston' to the south.
6.4 Turning to the issue of loss of privacy from overlooking upon the occupants of 'Glas Choille', this is only likely to occur from the proposed north-western (rear) elevation of the new dwelling. This north-western elevation of the dwelling there are a total of 6 windows and a door, one (and door) at ground floor level and five at first floor level. The ground floor windows raise no concerns given the high mature hedgerow which runs along the boundary of the two sites. The first floor windows also raise no concerns, given the orientation of the property is such that there would not be direct viewed towards 'Glas Choille', rather oblique views. Further the distance between the two properties is more (11.5m to boundary and 28m+ to 'Glas Choille') and as the upper floor windows serve non primary habitable rooms; it is considered there would be no significant impact through overlooking, loss of light or overbearing impacts to warrant a refusal.
6.5 Turning to the potential impacts upon the amenities of the occupants of "Winston", the main concern is potential overlooking, namely from the windows within the southwest elevation (front). Within this elevation there are a total of 13 windows and a door, of these 6 windows are at first floor with the remaining at ground floor level. Again the ground floor level windows raise no concern, namely given the boundary treatment of a timber fence and existing landscaping. The first floor windows would be located between 14.5m and 23m to the shared boundary between these properties and approximately 39m+ to the dwelling 'Glas Choille'. Again the first floor windows proposed do not serve primary habitable rooms, rather bedrooms and bathrooms. Overall, for these reasons, namely the significant distance between the two properties, boundary landscaping/fencing and the orientation of the property (views would not be directly looking towards 'Glas Choille') it is not considered there would be any significant impacts through overlooking, loss of light or overbearing impacts to warrant a refusal.
Impact upon the visual amenities of the street scene/area
==== PAGE 7 ====
20/01246/B Page 7 of 8
6.6 The dwellings within Glen Auldyn vary in size and design, ranging from large sprawling modern bungalows to more traditional two storey properties. The properties in close proximity to the application site would be included in this description, with large modern bungalows and two storey properties. Furthermore, in terms of orientation to the road, there are variety of siting of dwellings, some fable end facing the road, some angled away from the road and some directly fronting onto the road, with also various separation distances between the dwellings and the road. Due to this mixture of designs of properties along the Glen Auldyn Road, it is difficult to pin point a particular design. It should be noted that General Policy 2 states that any development should; "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them."
6.7 There was initial concerns of the original design that architecturally it was not of an acceptable interest or quality. The amended plans have improved the original design, with use of different finishes and a more uniform and vertical proportion windows. Whilst the design is not considered to be of the highest architectural interest; it is considered its form, scale, siting and finishes will ensure it sits well within the site and street scene, especially given the context of the properties along the Glyn Auldyn Road. Overall, it is consider the proposed design, would be appropriate in this location within Glyn Auldyn and would comply with General Policy 2.
Flooding issues. 6.8 It is noted the proposed dwelling would not be within a high flood risk zone, namely through river flooding. It is noted that the Flood Management Division have recommend that the dwellings floor level be raised, what would seem as a precaution in relation to surface water flooding. The applicants have advised the dwellings floor level (freeboard) would be 150mm above the surrounding ground floor level. They have also advised there applicant is happy to install flood defences at the entrances to the property. There is no objection received from the FMD only a recommendation. However, given the applicants willingness to install flood defences (in their own interest) and the dwelling/driveway/access is not within a flood risk zone the proposal would have no unacceptable risk from flooding, either on or off-site, will not be permitted as per the requirements of Environment Policy 13.
Ecology issues 6.9 Concerns have been raised by Japanese knotweed been found on this site. As outlined by the Ecosystem Policy Officer (DEFA) they have legislation in place (Wildlife Act) which deals with this issue. It is in their interests as Japanese knotweed can increase the difficulties in people gaining mortgages (can damage foundations to properties). However, given there is other legislation in place, it is considered not a matter the Planning Department could refuse the application for. Further, given conditions should not be attached if there is other legislation in place to deal with the issues at hand (arguably better suited to deal with this issue), it is not recommended such a condition is needed, but a note be attached.
7.0 CONCLUSION 7.1 It has been assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the street scene/area or cause undue harm on public amenity. Accordingly, it is considered the proposal would comply with General Policy 2& Environment Policy 13 of the IOM Strategic Plan 2016 and the Residential Design Guide 2019 and it is recommend the application is approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure;
==== PAGE 8 ====
20/01246/B Page 8 of 8
(d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 23.04.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal