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21/00226/A Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00226/A Applicant : Mr Mark Askew Proposal : Approval in principle for the erection of a detached garage addressing siting Site Address : Fern Glen Groudle Road Onchan Isle Of Man IM3 2EZ
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.05.2021 __
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 design, external appearance of the garage, 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. Details of the new garage (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
C 4. The garage hereby approved shall be used for the parking of private cars/domestic storage only and shall not be used for the parking of commercial vehicles and/or for the repair/maintenance of commercial vehicles or any other commercial business.
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Reason: To safeguard the residential character and amenities of the area and permission has been sought on the basis of the parking of private vehicles associated with Fern Glen.
C 5. Any future Reserved Matters application shall include a Reasonable Avoidance Measures statement for Common Lizards to ensure that the development is undertaken in line with Environment Policies 4 & 5 of the Isle of Man Strategic Plan 2016 and so that an offence is not committed under the Wildlife Act 1990. The statement should also include measures for the avoidance of breeding birds which may also be on site. Common Lizards are protected under Schedule 5 of the Wildlife Act 1990. The applicants are recommended to contact the Ecosystem Policy Officer of DEFA for further information.
Reason: In the interest of protected species.
N 1. 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. The Maximum penalty that can be imposed is a fine of £10,000. 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 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.
This application has been recommended for approval for the following reason. It is judged that the principle of a double garage on this site would be acceptable and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East and Residential Design Guidance.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 24.03.2021. __
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 that relate to planning considerations:
Flood Management Division (DOI)
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
60 Groudle Road, Onchan 66 Groudle Road, Onchan
Are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
Officer’s Report
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1.0 SITE 1.1 The application forms part of the garden of 70 Groudle Road (Fern Glen), Onchan which is located to the northern side of Groudle Road and north of King Edward Gold Course.
1.2 To the north and east of the site is areas of public open space and beyond woodland, especially (to the north of the site which is Groudle Glen). To the south is Groudle Road and beyond the golf course. To the west are residential developments, specifically five additional dwellings which were approved and built at the same it as the application dwelling.
1.3 The site is characterised as lawned garden, which is sloping in nature running downwards from the southern boundary of the site to the northern boundary. The north boundary of the site is a traditional Manx sod bank with hedgerow planting above and the northern and eastern boundaries are made up with mature Griselinia hedgerows. A public footpath runs along the eastern and north boundaries of the site.
2.0 PROPOSAL 2.1 The application seeks approval in principle for the erection of a detached garage addressing siting. The form indicates the garage would be "single storey detached double garage with floor area not exceeding 30 square metres". The submitted plan show indicative design and footprint of the garage located to the eats of the main dwelling and adjacent to the entrance to the property.
3.0 PLANNING POLICY 3.1 The site is designated as predominately residential under the Area Plan for the East. The site is not within a Conservation Area.
3.2 Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:-
3.4 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
Other Material Considerations
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3.5 Residential Design Guidance was issued by the Department of Environment, Food and Agriculture with the agreement of the Minister in March 2019. The aim of this guidance is to help all of those involved in the design process to work together to improve the quality of our built environment. The document is not a Planning Policy Statement (as per Section 3 of the Town and Country Planning Act 1999) but is capable of being an 'other material consideration' (as per Section 10(4)(d) of the Act).
4.0 PLANNING HISTORY 4.1 The previous planning applications are considered most relevant in the assessment and determination of this application:
4.2 Approval in principle for the erection of a detached dwelling with garage - 19/00443/A - REFUSED on the following grounds; "R 1. The proposed development on a site designated as Low Density Housing in Parkland would fail to meet the requirements of Planning Circular 8/89 and Policy O/RES/P/4 of the Onchan Local Plan and further would result in development which would have an adverse visual impact upon the site and area/landscape contrary to General Policy 2 of the Isle of Man Strategic Plan 2016, Planning Circular 8/89 and Policy O/RES/P/4.
R 2. The location of the proposed development is consider to be an unstainable form of development and therefore contrary to Strategic Policy 10 & Transport Policy 1 of the Isle of Man Strategic Plan 2016."
4.3 Amendments to approved dwellings design on Plots 1a to 6a - 08/00288/B, 08/00289/B, 08/00290/B, 08/00291/B, 08/00292/B, 08/00293/B - APPROVED
4.2 Erection of six dwellings with access drives, landscaping and drainage works and creation of public footpaths - 06/00665/B - APPROVED. This previous planning application, which overcame the reasons for refusal of 05/000737/B (below).
4.3 Erection of six dwellings in plots of at least one acre each, with access drives, landscaping and drainage works - 05/00737/B - REFUSED on the following grounds:
"R 1. By reason of its encroachment into an area of open space, as defined by the Onchan Local Plan, the proposed development is deemed unacceptable. Specifically, the Planning Committee considers the extent and location of this area of open space is important to the protection of both the visual and the public amenity of Groudle Glen and its wider context in the surrounding area.
R 2. The proposed development is unacceptable by reason that approval of the planning application would result in the encroachment of residential development into land that is designated as public open space under the legal agreement enacted in association to a previous planning application that covers the application site. This legally binding designation is viewed as a material planning consideration and the Planning Committee neither considers it appropriate to permit such encroachment nor do they consider it to be appropriate to make a decision that is clearly contrary to such designation."
5.0 REPRESENTATIONS 5.1 Highway Services do not object to the application (01.04.2021) "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. If appropriate, a pre-commencement condition to apply for garage dimensions."
5.2 Flood Risk Management (DOI) comment (14.04.2021) there is no flood risk management. 5.3 The Ecosystem Policy Officer (DEFA) states (15.04.2021):
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"The Ecosystem Policy Team have multiple records of Common Lizards in this location. There is potential for lizards or their places of shelter to be damaged, destroyed, or disturbed during the process of building the new house which would be an offence under the Wildlife Act 1990. Of particular significance are the site boundary features and rough grassland." A condition is sought for Reasonable Avoidance Measures statement for Common Lizards to ensure that the development is undertaken in line with Environment Policies 4 & 5 of the Isle of Man Strategic Plan 2016 and so that an offence is not committed under the Wildlife Act 1990.
5.4 Onchan Commissioner's recommend the application is approved (21.04.2021).
5.5 The owner/occupier of 66 Groudle Road, Onchan make the following summarised comments (06.04.2021): There are already double garages associated with dwelling; will this be used for a business/commercial use; what is the total height of the structure, dwellings are designed to sit into bank to blend into landscape; what materials would be used; and any changes to existing vehicular access.
5.6 The owner/occupier of 60 Groudle Road, Onchan make the following summarised comments (14.04.2021): I don't think enough information has been supplied at this stage to make an informed decision about how I feel about this application; My principle concern is the street view and what this building will look like in the context of the surrounding area. Without detailed drawings and elevations I may or may not have reservations about this structure; I cannot make an informed decision; and I would like to put on record that I don't have any concerns in principle with residents in these 6 properties developing their principal private residences. I have extended my property and I know two other properties along this lane have also extended or in the process of extending their properties. In each of these cases detailed drawings and elevations were provided with the planning application. I feel it is reasonable that this information should also be provided to support this application.
6.0 ASSESSMENT 6.1 The only material planning issues which should be considered at this stage is the principle of a garage on this site in the position shown. All other matters would be considered at any future Reserved Matters application stage.
PRINCIPLE OF RESIDENTIAL DEVELOPMENT 6.2 The site forms part of the residential curtilage of Fern Glen, Groudle Road, accordingly it is considered the principle for an additional garage is acceptable, as is the case with most residential properties. The main question is whether the position of the new double garage is acceptable.
6.3 The applicants have sought the siting to be considered at this stage and from the plans the proposed garage would be to the right of the existing entrance (unaffected by the proposed development) running parallel with the Groudle Road, albeit set behind the existing grass bank and mature hedgerow.
6.4 As outlined by neighbouring comments, there are no details of the design albeit the applications indicate the garage would be no larger than 30sqm which is similar to the footprint size of the garage shown on the submitted site plan which has a footprint measuring 5.35m x 5.8m (i.e. a double garage) when measuring externally. Accordingly, the drawings would tie in with the applicant's wishes.
6.5 The main issue is the visual impact of the garage when seen from Groudle Road, but also from some more distance views Bibaloe Beg Road, Whitebridge Road and especially from Ennerdale Avenue, Windermere Avenue and Groudle View. This was a concern of the last application for a new dwelling on the site and the potential adverse visual impact upon the character and quality of the site and area, due to the increasing of built development on the
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site. While the concerns for a dwelling would remain, it is considered a sensitively designed garage of the size proposed could be accommodated on the site which would not adversely affect the visual amenities of the area. There are a variety of options open to the applications for example, lowing the ground level where the garage would be sited, flat roofed garage, low pitched roof or timber/dark stone cladding etc. This is not an exhaustive list, nor are perhaps all acceptable; however, the visual impact would be considered at a Reserved Matters stage, rather than at this stage.
Other Matters 6.6 Comments have been made that the applicants already have a garage and that this may lead to a business or commercial operation taking place. Planning permission would likely be required (those with fall outside the Permitted Development Order) for any use of the existing garage/house or new garage to be used for a business/commercial (those where visitors come to the site). The applicants have indicated that the new garage would be used for the storage of their vehicles and garden mower. Accordingly, a condition should be attached to ensure this is the case and that no commercial activities take place from the new garage.
6.7 The Ecosystem Policy officer has sought a condition be attached. The Department considers this acceptable.
7.0 CONCLUSION 7.1 Based on the information provided as part of this approval in principle application, it is judged that the principle of a double garage on this site would be acceptable and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the Area Plan for the East and Residential Design Guidance.
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
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 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 : 18.05.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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