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21/00041/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00041/B Applicant : Mrs Jackie Wood Proposal : Erection of proposed detached dwelling and garage Site Address : Plot Adj To Instow & Dreeymlang Ballagorry Drive Glen Mona Ramsey Isle Of Man
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit : 04.03.2021 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.02.2021 __
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 development hereby approved shall be undertaken in accordance with the points set out below.
o Any vegetation to be removed to facilitate the development shall only be cleared by cutting or strimming during the non-active reptile season (start of October to end of February) to make the habitat unsuitable for lizards (this will also avoid breeding bird season). Clearance of this vegetation shall only be undertaken using a strimmer or brush cutter in two passes, the first to 0.2 m, the second close to the ground, both passes to be carried out on the same day and all cuttings raked and removed the same day. The vegetation shall be maintained at the short length throughout the works to ensure common lizards do not use these areas.
o Stockpiles of loose materials or bricks shall not be stored in direct contact with the ground, unless stored on a hard standing. If such materials are stored in areas without a hardstanding they must be stored on a pallet (to discourage use by lizards).
o The dry stone wall along the northern boundary shall be protected during the work, with erection of a security fence to prevent newts being harmed during the works.
o If any lizards are found during operations all work must stop immediately, the Department be contacted for advice and such advice must be received and complied with prior to work recommencing.
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REASON: To protect the biodiversity and ecology of the site.
N 1. All birds, their nests, eggs and young are protected by law (Wildlife Act 1990) and it is an offence to: o intentionally or recklessly kill, injure or take any wild bird or 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 swifts, swallows or house martins, and pigeons have been known to nest year round if conditions are favourable. Thorough checks for birds, their active nests and eggs should be undertaken prior to vegetation removal. If a nest is discovered while work is being undertaken, all work must stop and advice sought from the Ecosystem Policy Team, DEFA.
Common Lizards are protected under Schedule 5 of the Wildlife Act 1990 and it is an offence to intentionally or recklessly kill, injure or take any wild animal listed in Schedule 5, or damage or destroy any structure or place which they use for shelter or protection.
This application has been recommended for approval for the following reason. The application has been considered and worthy of support in accordance with the Planning Policies.
Plans/Drawings/Information; This approval relates to drawings referenced; 01; 03; 04; 05; 06; 2010C/02; Site photographs; 3D Panoramic View; Aerial Photography digitally submitted and received on 19th January 2021; And amended drawing referenced; 02/A digitally submitted and received on 12/02/21. __
Interested Person Status - Additional Persons
The DOI (Flood Management) are recommended for IPS as they are a Government Department who has commented on material issues. __
Officer’s Report
THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE DUE TO AN OBJECTION FROM THE LOCAL AUTHORITY.
1.0 THE SITE 1.1 The site is a parcel of undeveloped land which is located adjacent to properties Instow & Dreeymlang to the north of Ballagorry Drive within the residential settlement of Glen Mona. The site is located at the end of a residential cul-de-sac.
1.2 The site is characterised as a slightly sloping site, falling downwards from the western boundary to the east boundary. The site is accessed via an existing field gate entrance which is located of the turning head of the Ballagorry Drive estate road. The site sits within a residential estate.
1.3 The context of the streetscene shows there are also a number of types, sizes, styles and designs of residential properties within this estate, which include; 1960/70s style dwellings, some single and two storeys; properties with very shallow roof designs, dormer bungalows, various
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angles and heights of pitched roofs and finishes ranging from pebble dash, painted render, brickwork and the use of stone/timber/Upvc cladding.
2.0 THE PROPOSAL 2.1 Proposed is the erection of detached a dwelling with driveway and alterations to vehicular access. The plot measurers approx. 1538m2 or 0.38 acre. The property is two stories high with a split level design under a flat roof and an attached double garage. The property would be finished with Manx stone work to the north elevation and to the other elevations painted render. The garage would be cladded in vertical cedar or larch timber.
2.2 The agent notes; "the proposed dwelling is a site specific design that takes into account the steep topography of the site, the site has an 11m fall running down the west to east of the site. The dwelling is sat down within the site with the bedroom accommodation set at the lower ground floor level and the upper ground floor level accommodating open plan living areas, with external balconies taking advantage of the panoramic views over the parish of Maughold. The proposed dwelling has the appearance of single storey dwelling when viewed from Ballagorry Drive highway. All existing immediate neighbouring properties have been given full consideration at the design stage with the proposed dwelling being purposely designed with a contemporary flat roof to main the dwelling at a lower level".
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area and not within a flood risk area.
3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and 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 and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.5 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.
3.6 Strategic Policy 10 states: "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"
3.7 Spatial Policy 4 (in part) 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: 'Glen Mona'
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3.8 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.
3.9 The strategic plan gives guidance on the interpretation of "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.
3.10 Also within Appendix 1 a definition; Infill development Building on a relatively small site in between two existing buildings.
3.11 Environment Policy 42 states: "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."
3.12 General Policy 2 (GP2) (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: (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; (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;
3.13 Housing Policy 4 (in part) states that: "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..."
3.14 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.15 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
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3.16 LOCAL DISTINCTIVENESS 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. At the same time a slavish following of past design idioms, evolved for earlier 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".
3.17 Other Material Considerations The Department has published the Residential Design Guidance (March 2019) which 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 property. This includes specific guidance on new houses, and impacts on Neighbouring Properties.
4.0 PLANNING HISTORY
The following previous planning applications are considered relevant in the assessment and determination of this application;
4.1 16/01178/A - Approval in principle for the erection of a detached dwelling addressing means of access. APPROVED. C.1 The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C.2 Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C.3 Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C.4 Any application for reserved matters should include a drawing indicating the gradient of the driveway and manoeuvring areas to ensure that current design standards are met in full for vehicles and pedestrians.
Reason: to ensure that the vehicles and pedestrians can access the site safely
5.0 REPRESENTATIONS 5.1 Garff Parish commissioners (09/02/21) object as they consider; "The consensus was that the style of the proposed dwelling was incongruous with the adjacent rural landscape: this was exacerbated by the prominence of the site above Glen Mona and the surrounding area. It was felt that the style, design and location of the proposed dwelling would be detrimental to views from areas of Glen Mona; particularly from the A2 immediately south of Dhoon School, etc"
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5.2 Highways Services commented (05/02/20) seeking additional information of the access arrangements into the site, on receipt of such information commented again (11/02/21) with no objection subject to the condition for a S.109 agreement.
5.3 DEFA Biodiversity Eco systems policy officer commented (18/02/21) on the potential for ground nesting birds, potential for Common Lizards on the northern boundary as this is a dry stone wall that offers suitable shelter and the grounds around for foraging and a sheltered habitat. They also provide advice and suggested wording for conditions and notes for any approval.
5.4 Flood Risk Planning Department Commented (11/03/21) with no objection.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
(i) the principle of development (STP1, STP2, SPP2, HP4); (ii) the visual impact of the proposed development on the character and appearance of the area.(STP3,STP5, GP2b,c,j,EP42) (iii) the impact upon the amenities (overlooking, loss of light; over bearing impact, privacy and visual amenity) of the neighbouring properties. (GP2(g)) (iv) Highway Safety (STP10, GP2 h&I, TP4&7)
6.2 Principle The starting point here is the land designation within the area plan which designates the site as predominately residential. The site is a vacant undeveloped plot that a few years ago gained approval in principle for a new dwellinghouse. The location of the site as identified is within the village of Glen Mona, which is a named village and ensures compliance with Spatial Policy 2 which in turn ensures development within existing towns and villages is broadly supported through Strategic Policy 2 and Housing Policy 4. As this site is adjacent and surrounded by existing residential dwellings the proposal would satisfy the criteria for Strategic Policy 1.The principle of a new dwellinghouse here is acceptable.
6.3 Visual Impact The design of the proposal incorporates three individual elements of similar built forms at different levels, conjoined together which effectively breaks up the massing of the building giving the impression of small built forms attached. This approach is a direct result to the specific constrictions of the site and the change in levels from the highway. However, the overall massing of the dwelling is very similar to the existing properties within the street scene/estate and therefore the overall massing/impact would be in keeping. When viewed from the highway the garage would be in full visibility but the bulk of the main build would be at a lower level and only part of the flat roof aspect would be visible.
6.4 The buildings forms of its immediate neighbours or 'context' are different where these are largely rectangular volumes with pitched roofs. In this case adding a pitched rood may placate the concerns of the appropriateness of design in its visual identity but this would add unnecessary bulk and practically another cost to the build, the flat roof approach reduces this visual bulk of the buildings form in the streetscene.
6.5 The cross section drawings illustrate this method of dealing with the sites levels by stepping down the flat roof scape and internal room configuration addressing the sloping nature of the site. This method has then allowed the design to maximise the orientation of the habitable rooms with the main living accommodation on the first floor and bedrooms and bathrooms on the ground floor (upside down living). The internal layout then allows for natural light and long views to the north and east by using large amounts of glazing, predominately to the north elevation first floor.
6.6 There is a clear division in design approaches between the street facing elevations from Ballagorry Drive and that when viewed from the north. The elevation facing north is where the finishes use Manx stone work is used to the north elevation ground floor level with recessed
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mortar joints to give a dry stone wall effect and painted render to the first floor. The garage cladded in vertical timber soften the appearance somewhat and is used on other sections of the building to break up the visual massing. Painted render is used to the south and west elevations which offers some visual connections with the finished to its immediate neighbours. This use of different materials helps to lessen any perceived adverse visual impact of a differing form to that of the neighbours and the general streetscene ensuring there is a strong visual connection with the immediate built context. This choice of materials and design attributes may not appeal to everyone likes as noted by the commissioners, but it must not be forgotten the particular design of this dwellinghouse is to suit the specific parameters of this site.
6.7 Whilst the design is subjective, and may not be to everyone's liking, this approach could be said to make a positive contribution to the streetscene due to its design attributes. When viewing the proposed dwellinghouse, the majority of the dwellinghouse would not be visible from the highway / cul-de-sac at the south and any distant views, particularly from the A2 immediately south of Dhoon School, would be read amongst the varied designs of the wider neighbouring properties in the residential context of the property and surrounding streetscene, albeit different in appearance.
6.8 Overall, the site isn't within a conservation area and it sits within an estate that is not too dissimilar than most estates of that era on the island. It is considered the wording in paragraph 4.3.8 of the Strategic Plan (para 3.16 of this report), regarding local distinctiveness with a focus on modern design, carries greater weight in planning balance, than trying to follow a traditional method of design. With that said, this proposed design represents a more modern interpretation of architecture than the existing properties in the area, where there is a variety of styles, size, and design in the immediate street scene and complies with those sections of Strategic Policy 5, General Policy 2, Environment Policy 42 and Residential Design Guide 2019.
6.9 Neighbouring Amenities The siting of the dwelling is partially central to the site and the design / layout and window placement ensures that any aspects of overlooking are kept to a minimum. The principle rooms, kitchen and living room have windows to the north and east but there are no direct window to window relationships that could allow for a loss of privacy to either of those properties bordering the site. Furthermore the design has incorporated the outlook from both neighbouring properties to ensure there is no, loss of a view/ outlook or loss of privacy to those neighbours, as they would effectively look over the flat roof design.
6.10 When considering whether there would be any loss of light or overshadowing from the built form of the building. The topography of the site and single story nature of the proposed building when read from street level, it would not be considered to have an overbearing effect given the intervening distances and the site levels involved. It is further noted neither of the immediate neighbours have commented on this proposal.
6.11 In general, the level and scale of development proposed on this site, are considered to be relatively modest and not judged to cause harm to the enjoyment of the main dwellinghouse or considered to harm the neighbouring amenity, specifically those to the neighbouring properties bordering the site.
6.12 Highway Safety The proposed access would need to accommodate the vehicle movements associated with the dwellinghouse, parking on site and takes into consideration visibility splays and highway safety for all users. In this instance it is noted Highway Services does not object. On balance, the support on this application from highways services and the level of information on drawings ensures the proposal would comply with TP4 & 7 and GP 2 (h&I) of the Strategic Plan and conditioned accordingly.
7.0 CONCLUSION
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7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, the Residential Design Guide 2019 and is recommended for approval.
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; (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 __
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: 29.03.2021
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
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