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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/01507/A Applicant : Mr Vincent Nyawai Proposal Approval in principle for four detached dwellings and associated access Site Address Conister Main Road Santon Isle Of Man IM4 1JB
Case Officer :
Mr Jason Singleton Photo Taken :
07.04.2021 Site Visit :
07.04.2021 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 09.11.2021
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 26 of the Town and Country Planning (Development Procedure) Order 2019
C 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, 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) Order 2019.
C 3. Plans and particulars of the reserved matters referred to in condition 2 shall include details of; (a) dwelling limited to single storey below their eaves level; (b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (c) all external materials to be used in the development; (d) existing and proposed ground and floor levels; (e) foul and surface water drainage. (f) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (g) existing and proposed ground and floor levels; (h) integrated measurers to support bio-diversity net gain. (i) provide sustainable drainage systems.
Reason: in the interest of the character of the area
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Reason: in the interest of the character of the area
C 4. Any future Reserved Matters application shall also include the following details:
i. Bicycle, EV charging points and car parking provisions in accordance with the adopted standard ii. Waste bin storage and collection.
Reason: In the interests of highway safety.
C 5. Prior to the occupation of the dwelling, the landscaping as proposed by the reserved matters condition 2 under landscaping of the site, shall be installed and retained thereafter.
REASON: In the interest of bio-diversity off the site and that of the surrounding area.
C 6. Plans and particulars of the reserved matters referred to in condition 2 shall include details of highway specific details showing;
i. Access junction arrangements, including visibility splays to accord with Manual for Manx Roads and DMRB ii. Closure and reinstatement of any existing site accesses made redundant by the proposal iii. Street and plot layout, including turning points iv. Car parking provision in accordance with adopted standards v. Bicycle parking in accordance with criteria within Manual for Manx Roads vi. A swept path analysis of the proposed access junction using a large waste collection vehicle to demonstrate suitability of the corner radii, internal layout, including any turning point vii. Stage 1/2 Road Safety Audit viii. Off-site works to the adjoining footway, layby, and any works necessary to the carriageway markings on Main Road, Santon.
REASON: In the interest of Highways Safety
C 7. No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 8. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
This application has been recommended for approval for the following reason. The application for approval in principle for residential development on land zoned as residential would be in accordance with the land use zoning of the Area Plan for the East and is recommended for approval.
Plans/Drawings/Information;
This approval relates to drawings referenced and received on;
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Location Plan referenced; Ex-01 and received on 9th December 2020 Proposed Site Layout referenced; SK-02 Rev-D received on 3rd June 2021 Proposed Site Plan referenced; SK-01 Rev-C received on 3rd June 2021
Additional information for the Trees received on 25th February 2021, referenced; Arboricultural Impact Assessment Tree Constraints - TS-160221 Tree Impact - TR-160221
Additional information for highways access received on 29th September 2021, referenced; The report titled Development Access Arrangements Junction Visibility; referenced DWG-002 Rev P02 Proposed Development Access; referenced DWG-001 Rev P02 Road Safety Audit (stage 1) Vehicle Tracking 1 - DWG-003 Rev P02 Vehicle Tracking 2 - DWG-004 Rev P02 Vehicle Tracking 3 - DWG-005 Rev P02 __
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 Sand Y Croft o Ballakneen
o Knaresborough
o Inglemere
o Normandie
o Mussoorie
o Capella
o Leahurst
o The Loft
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
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE DUE TO THE LEVEL OF OBJECTIONS RECEIVED AND THE SCALE OF DEVELOPMENT
0.0 PRE-AMBLE 0.1 This application was considered at the planning committee meeting of 15.11.2021 but was deferred for a planning committee site visit. Following the meeting, the applicant provided some further comments including in reference to the proposed condition about height (29.11.21 - available to view online). The applicant was advised they could register to speak again is they wished to do so. During the site visit some issues were raised by third parties. The applicant has provided a further e-mail (06.12.21 - available to view online) which explains how they consider these issues have been addressed with reference to the consultation responses from highways and drainage.
THE SITE
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1.1 The site is an L shaped parcel of land which sits on the western side of the A5 as it runs through Newtown, Santon. The site accommodates an existing dwelling, namely; 'Conister', which faces onto the highway and in line with its neighbouring properties 'Inglemere' and 'Ballarene'. The curtilage of the dwelling / land associated with the property, is to the rear of those dwellings to the north east of 'Conister' namely in order, 'Inglemere', 'Sandycroft' and 'Leahurst' and Mussoone and Capella. To the south of the site the red line shares a boundary with Ballarene and Knaresborough.
1.2 The existing dwelling houses that make up the immediate streetscene are characterised by predominately bungalows, pitched tiled roofs and painted render finishes with chimneys in the roof scape. Unusually parallel to the highway is vehicle parking for users / occupiers of these dwellings that face on to the Highway, which also have their own vehicle access and off road parking within their curtilage. There is a footpath that runs along this section of the highway adjacent to the properties boundaries.
1.3 It is further noted between properties 'Normandie' and 'Ballarene' is an access road that serves three other properties, Knaresborough, Ballakneen, and The Loft.
1.4 There is a change in level between the highway and the rear boundary of the site which is approx. 5m difference in level as noted on the site plan.
THE PROPOSAL 2.1 Proposed is the principle of the erection of four dwellings, including the demolition of Conister and the creation of a new access into the site. On the application form, no matters (siting, landscaping, Drainage, Means of Access, Internal Layout, External Appearance, Design) have been 'ticked' to be determined at this stage. This application is only addressing the general principle of residential development on this site and principle of those access arrangements: nothing is to be approved in detail so all of the information submitted is for illustrative purposes only to demonstrate how the development may be achieved.
2.2 The site plan and layout drawings shows the access road from the highway through the existing dwellinghouse (to be demolished) and accessing the land to the rear. There are four plots shown bordering the western boundary with the access road between the proposed plots and the eastern boundary shared with those dwellings backing onto the site.
2.3 The application is accompanied with a Planning statement that notes the broad location of the site, the planning history of the property, the proposals of this application, focusing on the highways arrangements, with the proposed access into and out of the site with visibility splays, correlating to the submitted drawings, indicative sizes of dwellings, garages, parking and driveways. Also described are previous consultations with Planning and Highways, they quote what they think are the relevant policies and quote General Policy two and how they have considered this and the area plan for the East and the residential design guide.
2.4 There have been a number of amendments to the proposals and additional supporting documents submitted which include;
2.5 An Arboricultural Impact Assessment dates 16th February 2021 which identified 12 trees/ groups of trees on site for removal. The report concludes; "that individual trees; 3 No. category B trees and 4 No. category C trees will need to be removed to facilitate the development. Also noted is the removal of 1 group of Category B trees and 4 category C groups of trees for removal irrespective of the development... The most notable tree to be removed is a mature Alder (T4588) located along the boundary with the neighbour 'Inglemere'...The general quality of the trees marked for removal on site is low and there loss or arboricultural value is deemed low... The report also notes that a further 5 category U trees and 2 category U tree groups are recommended for removal due to their poor structural or physiological health".
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There is also a tree impact plan, tree constraints plan and guidance for the client and developer.
2.6 Road safety Audit dated August 2021 provides drawings and vehicle tracking illustrations with additional reports to address the 10 concerns raised from the access arrangement and highways parameters on and around the site. There is also a Designers response to the road safety audit which addresses 10 concerns and provides commentary and supporting drawings to illustrate their responses.
PLANNING POLICY 3.1 LOCAL PLANNING POLICY In terms of land use designation, the application site identified in red, is identified on the Area Plan for the East (Map 11-Newtown) as being within an area noted as 'Predominately Residential'. To confirm the site is not within a designated Conservation Area or within an identified area of Flood Risk Zone.
3.2 Within the supporting written statement, page 8 - Table 4 refers to the settlement hierarchy and policy approach where Newtown sits in a "Village" category where the Spatial Policy advises " Development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and employment opportunities. The Area Plan will define the development boundaries of such settlements so as to maintain their existing character".
3.3 Landscape Proposal 7 (Santon) states on page 28; "In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale".
3.4 The land to the west is designated as Area of Ecological Importance - Draft on Map 1a; Environmental Constraints. Page 38 gives an indication to this where it says;
"Areas of Ecological Interest (AEI) Areas of Ecological Interest (AEI) are marked on the Constraints Map (Map 1a) to indicate places of known wildlife interest which have not yet been surveyed in detail or scientifically evaluated. Until Wildlife Sites, Areas of Special Scientific Interest or other designations have been identified within them, Areas of Ecological Interest will be subject to a precautionary approach when development is proposed in such areas. Proposed development which affects any designated Wildlife Sites will also be considered from a precautionary viewpoint".
THE ISLE OF MAN STRATEGIC PLAN 2016 The following policies that are considered specifically material to the assessment of this application;
3.5 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.6 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."
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3.7 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.
3.8 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement
3.9 Spatial Policy 4: In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are: o Bride o Glen Maye o Sulby o Dalby o Ballaugh o Ballafesson o Glen Mona o Colby o Baldrine o Ballabeg o Crosby o Newtown o Glen Vine o Strang.
3.10 General Policy 2 (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an 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.
3.11 Housing Policy 4 New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
(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."
3.12 Environment Policy 42
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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.
3.13 The text preceding Environment Policy 42 gives helpful guidance for new development within existing settlements with respect to protecting the character and identity of the streetscene; "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.
3.14 The strategic plan gives guidance on the interpretation of; (in part)
"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.
3.15 Transport Policy 4: 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.
3.16 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
3.17 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 (water conservation and management), Community Policy 7 (designing out criminal and anti-social behaviour), Community Policy 10 (proper access for firefighting appliances) and Community Policy 11 (prevention for the outbreak and spread of fire).
OTHER MATERIAL CONSIDERATIONS 3.18 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
PLANNING HISTORY 4.1 A Certificate of Lawful Use was sought for the residential use of the land to the rear of Conister and this was refused (19/00707/LAW). The property has also been the subject of applications for alterations and extensions and other than one, all were approved, the most recent being 19/00841/B.
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REPRESENTATIONS (in brief, full representation can be read online) STATUTORY CONSULTEES 5.1 Santon Parish Commissioners commented (03/02/21) OBJECT to the application as they consider it to be development in the countryside; increase in traffic access onto the main road.
5.2 DoI Highway Services commented on 11/01/21 and 11/03/21 giving commentary with access arrangements, dimensions and visibility splays, drainage and gave advice on other highways relates issues for garage sizes, bike storage and Ev charging points. They do not object subject to the inclusion of conditions.
5.3 On the amended plans DoI Highways commented (14/10/21) on the submitted transport assessments, reports and drawings submitted on 29 September 2021 to provide an in depth commentary to address the additional information. They conclude they have no objection subject to a condition being included on the proposal for the submission and approval of full details by Planning prior to commencement in the form of scaled plan and / or written specifications to illustrate the following: i. Access junction arrangements, including visibility splays to accord with Manual for Manx Roads and DMRB ii. Closure and reinstatement of any existing site accesses made redundant by the proposal iii. Street and plot layout, including turning points iv. Car parking provision in accordance with adopted standards v. Bicycle parking in accordance with criteria within Manual for Manx Roads vi. A swept path analysis of the proposed access junction using a large waste collection vehicle to demonstrate suitability of the corner radii, internal layout, including any turning point vii. Stage 1/2 Road Safety Audit viii. Off-site works to the adjoining footway, layby, and any works necessary to the carriageway markings on Main Road, Santon.
Also they seek that the works to the highway will require S109(A) Highways Act 1986 and associated requirements on demolition and construction, such as traffic management measures for road closures and licences for equipment and materials in the highway.
5.3 DoI Flood Risk Management commented (11/02/21) with No Flood Risk Management Issues.
5.4 MUA Drainage commented (01/02/21; 10/02/21) to seek a deferral pending further discussions about access into the existing foul sewer which crosses the site and manhole levels. They also suggest that it is advisable to carry out percolation tests at this stage to ensure that surface water drainage is possible.
5.5 Arboricultural Officer, DEFA commented (05/11/21) with no objection to the tree loss.
5.6 DEFA Ecosystems Policy Officer commented (20/01/21) basing their findings on an aerial photography and judges that there will be a nett loss of habitat as a result of the proposal and notes the limited amount of new planting to mitigate this. They request a condition on any approval which requires details in the reserved matters of suitable ecological mitigation to ensure that there is no nett loss for wildlife and also an arboricultural assessment, tree survey and tree protection plan alongside details of new planting using native Manx species. She would like to see the retention of the hedge all the way around the site and suggest that they seek advice in respect of the protection of bats in relation to the demolition of the existing house (20.02.21).
NEIGHBOUR REPRESENTATIONS 5.7 There are a number of neighbouring residents along Main Road Santon, who OBJECT to the proposals; o Sand Y Croft (20/05/21)
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o Ballakneen (06/01/21; 18/01/21; 19/01/21; 24/02/21; 12/10/21) o Knaresborough (10/01/21) o Inglemere (11.01.21; 10/03/21; 15/06/21; 21/06/21; 19/07/21; 10/10/21), o Normandie (18.01.21; 22/10/21), o Mussoorie (18.01.21), o Capella
(18.01.21) o Leahurst (18.01.21; 24/01/21) o The Loft (18/01/21) owned by Ballakeen who between them raise the following material planning considerations that have been thematically categorised;
Highway Safety; o Proposed access arrangements onto the highway o Confliction of users of the lay-by for parking and access o Speeding on the highway in excess of 50mph o Visibility when joining the highway o Parking in the area and a net reduction in spaces o Visibility splays and ghosting area reduces parking o Ownership of the layby o Dependency on vehicle users o Not enough parking provided on site o Previous planning history for refusal in the area for road safety issues o Conflict with the location of the bus stop o Previous car crash history in the area on the A5. o Errors on the visibility calculation o Vehicles parking in the layby and blocking the access road to the site o Increasing the street lighting would be detrimental to the area and dark skies initiative o Moving of the layby would affect vehicle users exiting onto the highway o Increase in traffic flow during construction o Two parking spaces per dwelling would be insufficient and will increase parking on the layby o Vehicles coming from the north will have to pause in the middle of the road before turning into the site which has caused collisions in recent years. o traffic flows are very high along the A5 and it will be difficult for occupants to emerge out onto it o Access in between vehicles parked in the layby will be dangerous as visibility will be impaired by parked vehicles.
General Development impacts; o Loss of privacy o Overlooking o Only bungalows to be built, o No schools, shops or doctors in the area o Loss of light o Noise nuisance from additional dwellings o Surface water and Foul water drainage capacity and accessibility and connectivity o The need to pump sewerage uphill from the site o Land is an agricultural not residential o Impact through loss of light to Knaresborough o Overlooking to Mussoorie and to Capella o Previous planning history o Loss of trees and ownership by the neighbours
ASSESSMENT
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6.1 The fundamental issues to consider in the assessment of this planning application are whether there is any adverse impact or harm from the proposal. The following topics are thematically identified below with the corresponding policies;
(i) Principle
(STP1,2; SP4,HP4) (ii) Design
(STP5; GP2b;EP42; CP7 & 11) (iii) Visual Impact
(GP2,c,f, EP42)- back land development (iv) Neighbouring amenities (GP2g) (v) Highway safety
(GP2 h&i, TP4&7; STP10;CP10) (vi) Trees and Bio-Diversity
(GP2d;SP4b) (vii) Water conservation
(IP5) (viii) Sustainable Construction (GP2n) (ix) Any other matters
(i) Principle 6.2 The starting point here is the land designation, TAPE does identify the land for residential development as it does the existing houses in the area and streetscene. As such the principle for residential development on this land is acceptable for residential development. Whilst the former land designation on the 1982 plan designated this land as open countryside and within an area of High landscape value and scenic significance, this has now been superseded by the 2020 Area Plan for the East adopted by Tynwald on 21 September and came into operation on 1st December.
6.3 Considering the policy narrative from the Strategic Plan here, Strategic Policy 1 and 2 directs new development into existing named towns and villages where existing services can be utilised. As Newtown is a named village in Spatial Policy 4 this would allow for future development subject to it being able to respect the character of the area and meet the housing needs of the Island. It can be agreed that this part of Santon is within an existing village and would be considered to accord to Strategic Policy 1, 2, as a sustainable site within a designated village to develop. This approach is further echoed within HP4 and would also be in accordance with Strategic Policy 5 as a defined settlement to develop. By virtue of the designation of the site within an existing village and the site fronting onto an existing highway (A5), it would be considered to comply with Strategic Policy 10(a)-(d) which aims to promote integrated transport network.
6.4 Sticking a balance on land use, and taking into account the comments received from the neighbours and the local authority on this issue, the principle of a dwelling house here could be acceptable. However, the detail of any such dwelling would be considered by a subsequent reserved matters planning application. However, this is not an automatic reason to allow the proposal as the other matters listed within paragraph 6.1 still need to be assessed and be considered acceptable.
(ii) Design STP5; GP2b;EP42; CP7 & 11 6.5 The principle of the proposal would see that the demolition of the existing house to create a wider entrance into the rear of the site. The site is not within a conservation area or is a registered building and sits detached in its own grounds. For reference, planning consent is not required for its demolition and whilst its loss is unfortunate, there is no overriding justification to retain the current dwelling on any architectural or historic merit. The demolition would see a new access being created to serve the four new dwelling to the rear of existing houses. Guidance is given in EP42 for 'backland development' as noted in para 3.14 and can be acceptable if satisfactory access is achievable and adequate amenity space for existing and proposed dwellings.
6.6 The proposed drawings note an indicative layout to show how the four plots could be laid out with an internal access road from the highway that includes parking and their own amenity space. The indicative foot print of those plots would broadly measure approx. 115sqm
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(approx. 12m x 9m at the extremities) and the drawings indicate a change in level of 3m difference between the carriage way and the driveway for plot 1. This footprint is similar to those existing dwelling in the streetscene but learning to the larger size in similarity.
6.7 Any new dwelling here (subject to approval) would need to reflect the character of the area which would be predominately single storey to eaves level and a shallow pitched roof of traditional proportions, it would be designed with those notable traditional features (pitched, slated roof, render and/or stone walling) which reflects the character of the older more vernacular properties in the vicinity, as opposed to a contemporary modern approach which would be read at odds and contrary with the principles Ep42.
6.9 The initial proposal was for 5 houses but this raised concerns and was amended to 4 houses. The site would measure approx. 3830sqm or approx. 0.4 hectares which would equate to a ratio of approx. 8 dwelling per hectare which corresponds to a 'low density' but towards the higher side of development in this category. On page 16 of the Residential Design Guide, Figure 3a "Density of Different Types of Sites" at para 3.6.3, gives helpful guidance; "Larger sites towards the edge of settlements, consisting of mainly houses and bungalows with relatively few apartments or terraces". This density approach could be acceptable if it reflects the character of the area without being considered over development.
6.10 At this stage it is only the principle to be discussed but the indicative plans do give an illustration how the density of development works within the confines of the site. Any further design of the dwellings which concerns those aspects of scale, form, design, massing would be considered at any future Reserved Matters Application and would need to comply specifically those aspects of Gp2b and again EP42, STP5, CP7 & 11. A condition can be included on any approval to seek further details submitted as part of a reserved matters application which will assist in the assessment of any impact on the character of the area, any neighbouring properties and their amenity from the design of the dwellinghouses.
(iii) Visual Impact 6.11 The existing site is screened for its majority by those dwelling houses fronting onto Main Road, and with the topography of the area sloping aware from the highway any proposed dwellings ground level would be slightly lower than those existing properties looking at the existing topography and the levels shown on the site plan. The principle of development of the site would not be considered to have a detrimental visual impact given the surrounding residential context of the area nor would not it be introducing an incongruous feature on the land scape through residential development in accordance with the land use designation.
(iv) Neighbouring amenities 6.12 Turning to the comments received from the neighbouring residents (putting highway safety aside, as this is addressed below), and the assessment for the potential for any adverse impact from the proposed development. The intervening distances indicated on the site plans from the existing dwellings would see almost 26m between the house on plot 3 (the nearest) and the rear of Leahurst and 14 m between the rear of Knaresborough and the house on plot 1 although the two are offset so not facing each other directly. The position of the house on plot 1 is further back than Conister and Inglemere and in between the positions of the properties facing directly onto the highway and those which sit to the rear of these.
6.13 This application seeks that all matters (siting, design, external appearance of the building, internal layout, means of access, drainage, and landscaping of the site) to be determined at the any future Reserved Matters Application. The concerns of the neighbouring property owners have been noted and the gist of their comments stands and partially applicable regarding the principle of development.
6.14 The potential impacts upon neighbouring amenities through, overlooking, loss of light; over bearing impact, privacy and visual amenity, potential impacts upon the visual amenities of
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the street scene; and potential amenities of future occupants of the dwelling; are all matters which would be considered at any future Reserved Matters Application specifically those aspects of Gp2.
(v) Highway safety
6.15 This application is seeks to address the means of access and many of the neighbouring concerns would focus on this aspect from those individuals that reflect on their own user experience of the road and its operational activity on a daily basis, which is welcomed and gives an insight to the confliction of uses.
6.16 The submitted Stage 1 Road Safety Audit and designers response makes reference to 10 problem areas which are addressed by the proposed layout for the most part other than those requiring detailed design elements, such as highway drainage, lighting, signs and markings to ensure conformity with standards and that road safety risks are minimised, such as inter- visibility between accesses.
6.17 Having checked with DoI it is understood the layby is public highway as is the footway at its rear and it is the DOI's responsibility, nor would it be sold or rescind the public rights through extinguishment. The Applicant / Developer would be responsible for the implementation of the scheme under a s109(A) Agreement either for DOI to construct or for a suitably qualified private contractor to do. The land must be in the Applicant's / Developer control, and the public highway or where other land is involved would be secured via third party agreement between landowners which must be proven.
6.18 The proposed highway works are integral to the proposal for development of the land to the rear as safe access cannot be realised without it and the preliminary layouts technically show how this could be possible, not necessarily agreeable at this stage. Furthermore, there is need for detailed design to ensure it fits with the junction arrangement at the equestrian centre, neighbouring property and other markings.
6.19 The proposed recommendations for alterations to the highway and parking area would make significant alterations to the character of the area in this location, essentially formalising the junction to the site. The scope of works identifies a loss of parking spaces to create a ghost island (markings on the ground) being implemented to ensure safe visibility.
6.18 Highway Services have considered the principle merits of the proposal, access to and from the site from the highway noting visibility splays, as well as parking and highway safety. As the transport professionals their comments are heavily relied upon and it is noted they do not object to the principle of the means of access to this application.
6.14 Having considered the above, the principle has been shown how it could be theoretically achieved, not necessarily practically given the ownership issues, on balance, it shows and access could be designed to align with the principles of Gp2 h&I and TP4&7 and CP10.
(vi) Trees and Bio-Diversity 6.19 The comments from the Eco-systems policy offer are welcomed and provide helpful advice to offset any loss of bio-diversity on site. The re-development of the site would not be considered to be detrimental to what little bio-diversity exists on site or loss of green space / gardens and would not be considered to be contrary to Sp4b where it seeks to protect or enhance the nature conservation and landscape quality of urban and rural areas. Following the site visit, it proved the pond referred to by the eco-systems policy officer in their 'desk-top study' was no longer present and is part of the wider lawn area.
6.20 Nevertheless, considering this is new development it would be fitting at this stage to include a condition for appropriate landscaping conditions for Manx native planting, integration
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of bird or bat boxes, swift nesting bricks under the eaves on the northerly elevation to ensure there is "no net loss of biodiversity" on site.
6.21 Having visited the site and reflected on the Arboricultural impact Assessment and supporting drawings, the advice and opinion from DEFAs Arboricultural Officer was sought. The trees marked for removal are either low quality or low amenity value. Whilst there loss is unfortunate, whether the proposed scheme was to proceed, there could be justification for their removal as part of a maintenance programme for the area subject to the appropriate licenses being issued. In this case the Agricultural and Lands Directorate do not object and it is considered the location of the trees and groups of trees, whilst not immediately visible from the streetscene offer low visual amenity and this aspect would be in accordance with GP2d and SP4b.
(vii) Water Conservation 6.22 The application proposes to introduce built elements on site where there is currently none. This will introduce an area of no-permeable surfacing (roofs and hard standing) and inadvertently increasing the amount of runoff water on the site that could of otherwise been absorbed into the ground. With regard to drainage from these non-permeable surfaces, the application form notes the runoff water is to be disposed of through soak aways.
(viii) Sustainable construction
6.23 The erection of a new dwelling would have to conform to building regulations standards which ensures the thermal efficiency of the building is maximised. Any future reserved matters application would also need to consider a sustainable construction approach through o maximize carbon sequestration; o minimize greenhouse gas emissions; o maintain and enhance ecosystems; o achieve biodiversity net gain; o provide sustainable drainage systems; and o provide active travel and public transport infrastructure as noted in the residential design guide at para 1.3.2 on page 3. This will ensure any proposed dwelling on site would be designed and built to meet the criteria for best practice in reducing energy consumption in accordance with GP2n.
(xi) Any other matters arising 6.24 None. From the consultation period there has not been any other matters arising that need addressing here.
CONCLUSION 7.1 For the above reasons, it is considered the principle of residential development on land that has been zoned for residential as shown on the submitted plans is recommended for approval with attached conditions.
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; (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:
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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 4(2) 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.
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 13.12.2021
Signed : J SINGLETON Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION 13.12.2021
Application No. : 20/01507/A Applicant : Mr Vincent Nyawai Proposal : Approval in principle for four detached dwellings and associated access Site Address : Conister Main Road Santon Isle Of Man IM4 1JB
Senior Planning Officer : Mr Jason Singleton
Presenting Officer As above
Addendum to the Officer’s Report
This application was deferred for site visit, to take place on the 06.12.21 at between 10.30 and 11.30.
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