56873

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00674/B Applicant : Mr & Mrs Ken Corlett Proposal : Variation of condition 1 of PA 16/00960/B to extend the period of approval by two years Site Address : Land At Ellan Vannin Laxey Road Baldrine Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.08.2021 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to condition

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 visibility splay(s) identified on drawing 835.02 of 2.4m x 90m shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.

Reason: In the interests of highway safety.

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. Prior to the commencement of the development hereby approved an Arboricultural Method Statement prepared by a qualified Arboriculturist, adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The agreed protection measures and programme of arboricultural supervision (Project Arboriculturist) detailed within shall adhered to in full.

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Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site

C 5. For the purposes of undertaking the required arboricultural supervision as per condtion 4, prior to the commencement of the development hereby approved, details of the appointment of a suitably qualified and experienced tree specialist to the role of Project Arboriculturist (PA) shall be submitted to and approved in writing by the Department. The Department shall be notified in writing if person appointed to the role of PA changes.

Reason: To provide a high level of confidence in the outcome for retained trees on the site

C 6. No works or development shall be carried out until the Department has approved in writing the full details of all trees to be planted, including a) their quantity, location (or density), species, size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. All planting, seeding or turfing comprised in the approved details must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

This application has been recommended for approval for the following reason. It is considered that the principle of development is a finely balanced decision; albeit for the reasons given within this report it is acceptable. Further the proposal would not adversely affect public or private amenities and therefore comply with Environment Policy 1 & 42, General Policy 2, Strategic Policy 1, Transport Policy 4, Transport Policy 7, Area Plan for the East 2020 and Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to drawings reference numbers 835.01 and 835.02 received on 17.06.2021.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPLICATION IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 SITE 1.1 The application site comprises of a parcel of land located between three existing dwellings on the eastern side of the A2 Coast Road, approximately 100 metres north of the junction of the A2 Coast Road with Ballagawne Road. The site currently forms part of an extended garden for one of the adjacent dwellings and consists of generally level ground. There are a number of mature trees and hedgerows which runs around the eastern, southern and the western (roadside boundary) boundaries of the site.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of a new dwelling adjacent to Ellan Vannin. The proposed dwelling would be two storeys and have a Manx traditional form, albeit the window designs do not follow the normal traditional format, being larger and more horizontal in appearance. The main two storey part of the dwelling would have a width of 11.8m, a depth of 8.5m and a ridge height of 8.9m. To either side of the two storey dwelling, it is proposed to have to single storey buildings to each gable wall providing accommodation for an integral garage and a sun room. The proposed dwelling would accommodate five bedrooms within the first and attic floors, while the ground floor would accommodate a kitchen/family/breakfast room and living/dining room.

2.2 The dwellings external wall would be finished in a painted render and it would have a dark coloured slate roof. Windows would be sliding sash windows with rear patios doors.

3.0 LAND USE ZONING / PLANNING POLICIES 3.1 The site is within an area designated as "Green Gap" under the Area Plan for the East 2020 and therefore not designated for development. The site is not within a Conservation Area.

3.2 The Area Plan for the East 2020 states: "Laxey and Baldrine - Encroaching ribbon development along the A2 Coast Road which connects Laxey and Baldrine has the potential to connect the two settlements. At present this area largely retains its sense of being in the open countryside with clear sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9).

Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported."

3.3 It should be noted that until the recently adopted Area Plan for the East the site was designated as proposed predominantly residential (annotated as area no. 14 within the plan) under the Laxey and Lonan Area Plan Order 2005.

3.4 Paragraph 4.51 of the Laxey and Lonan Area Plan Order 2005 states the following regarding the application site: "This has been suggested as an infill site suitable for the development of one additional dwelling. The Department would accept this on the basis that a similar development was

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approved several years ago, between Ben Varden and Harbour View (the property known as Glencoe) and has fitted very well into the roadside scene. Planning permission has been granted for the principle of the erection of a dwelling on this site (PA 01/1250)."

3.5 Policy L/RES/PR/11 of the Laxey and Lonan Area Plan Order 2005 states: "This plot will be considered suitable for the development of one detached property designed generally in accordance with Planning Circular 3/91 policies 2-7 inclusive. Development proposals must include provision for access onto the main road which is designed with appropriate visibility splays."

3.6 In terms of strategic plan policy, the Isle of Man Strategic Plan 20016 contains the following policies that are considered specifically material to the assessment of this current planning application:

3.7 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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.8 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

3.9 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."

3.10 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;

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(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 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.12 Housing Policy 4 states: "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."

3.13 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."

3.14 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."

3.15 Residential Design Guide 2021

4.0 PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:

4.2 Proposed new dwelling adjacent to Ellan Vannin - 16/00960/B - APPROVED - Current application was received (11.06.21) prior to the expiry of application 16/00960/B (13.06.2017).

4.3 Approval in principle for the erection of a dwelling - 06/01938/A - APPROVED

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4.4 Approval in principle for erection of dwelling - 01/01250/A - APPROVED

5.0 REPRESENTATIONS 5.1 The Garff Parish Commissioners have no objection to the (received on 15.07.2021).

5.2 Department of Infrastructure Highways Services have commented (received on 01.07.2021):- "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking and on repeating conditions 2 and 3 of PA19/00960/B. Additionally, the Applicant be advised to consider within the proposed garage the provision of bicycle parking and an electric vehicle charging point. A separate technical review as part of a s109(A) Highway Agreement applies for the proposed access after grant of planning consent."

5.3 The Senior Arboricultural Officer (DEFA) comments (12.08.2021); "I would change the wording of condition 4 as follows and an include a note to guide them on what the AMS should include:

Prior to the commencement of the development hereby approved a Tree Protection Plan and an Arboricultural Method Statement, adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The agreed protection measures, construction methods, and programme of arboricultural supervision shall be adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site

Note: The AMS should address (where applicable) the specification of the protective fencing to be used around trees, the removal of existing structures and hard surfacing, the installation of temporary ground protection over portions of RPA not within a CEZ, excavations within portions of RPA not within a CEZ, the installation of new hard surfacing within RPAs, specialist foundations required to prevent damage to trees, the use of retaining structures to facilitate changes in ground levels, preparatory works for new landscaping and how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection

In a separate condition it would be useful to have the applicant confirm the appointment of a Project Arboriculturist prior to commencement as this would provide a point of contact and confidence that tree protection is being taken seriously. I'm afraid I don't have a model condition which covers this."

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant for consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; and (e) impacts upon existing trees.

PRINCIPLE OF DEVELOPMENT 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is no longer designated for development being within a "Green Gap" area under the recently adopted Area Plan for the East. This differs from the previously approved application when the site was designated for residential use. Therefore, the application could be refused on this ground.

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6.3 However, the previous approved is a material consideration; albeit the application has now expired. In favour of the development it could also be argued that in terms of the Natural Environment Proposal 3 the proposal arguably would not erode the separation and detract from the openness between the settlements; being located in the centre of the existing ribbon residential development along the A2 Coast Road. Currently, there are 10 dwellings which run parallel with the A2 Coast Road and the application site would central of the 10 dwellings. The proposal would appear as an infill development. Further, it is noted that there does not appear to be any similar sites which could accommodate a new dwelling easily. Accordingly, there is a reasonable change this is the only site along the eastern side of the 10 group of dwellings which can accommodate an additional dwelling. Any proposal for a dwelling to the north or south of the existing group of 10 dwellings would likely fail Natural Environment Proposal 3, as such development would erode the separation and detract from the openness between the settlements (i.e. Baldrine and Laxey).

6.4 Overall, in terms of the principle of the development the decision is finely balanced. The site is not designated for development, where there is a strong presumption against new development in such areas i.e. countryside. However, the recent planning approval on this site and as the site appears as a clear "infill" between a number of existing residential properties (the overriding character of this section of the A2), would not appear as "open countryside" and would not erode the separation and detract from the openness between the settlements and therefore appear to comply with what Natural Environment Proposal 3 seeks and perhaps why the area was re- designated as such.

6.5 It should be noted, that material planning weight is attached to the fact that the previous approval has only very recently expired. Clearly the longer the period between this expiry date and for example any future application for an extension of time application, will likely result in the previous approval having less material planning weight in any future consideration. The applicants have explained that; "We were planning to move this forward last year, but with COVID this was not possible with builders availability. The first thing we have to do with the site is widen the entrance and work with statutory authorities along with the rear tree works. It was not even possible with the situation to even start something to bring the approval live before time ran out. The intention with the extension approval was to start immediately before the winter to get the entrance works underway."

6.6 For the reasons indicated previously, it is considered the principle of a single dwelling on this site is acceptable again. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.7 Visiting the area it is noted that there is a variety of styles of dwellings in the area ranging from traditional two & single storey dwellings, 1970's modern bungalow, modern two storey dwelling and a 1930's styled two storey property, albeit the latter being on the opposite side of the road.

6.8 It is also noted the now superseded Laxey and Lonan Local Plan stated that the site is; "suitable for the development of one detached property designed generally in accordance with Planning Circular 3/91 policies 2-7 inclusive.". While this policy is no longer in force, it does give a good indication of what type of dwelling was considered appropriate. In this case the proposal is considered to meet the majority of the Circular criteria, as it was before. The proposal in terms of its form and appearance does meet the criteria of the Circular, arguably the window designs do not, albeit the Circular indicates "designed generally" which does give scope not to meet all the requirements exactly. Overall, it is considered the proposed dwelling would fit well within the site and would be an in keeping form of development within the varied street scene and therefore not have an adverse impact upon the visual amenities of the area.

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POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.9 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties, namely Ellan Vannin to the north and Benvarden to the south. Generally, issues to consider are whether the proposed dwelling would adversely impact the neighbouring amenities through overlooking, loss of light and/or overbearing impact upon outlooks. In this case given the design of the dwelling, existing mature landscaping (proposed to be retained) and, given the distances between the neighbouring properties, it is considered the proposed works would not have a significant impact upon neighbouring amenities to warrant a refusal.

POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.10 In the previous application Highway Services have sought visibility splays of 2.4 x 90 metres in either direction. These can be provided and a condition can be attached to ensure these are provided. At least two off road parking spaces are also provided within the site as well as turning facilities to enable a car to exit the site in a forward gear. Overall given these reason and the property can be served by the required visibility splays, it is considered the application is acceptable from this respect.

IMPACTS UPON EXISTING TREES 6.11 The application proposes to remove two trees to the eastern (rear) boundary of the site being removed. This was agreed previously with the Arboricultural Officer, who had concerns of the pressure for these trees to be removed once the dwelling was constructed and which are now proposed to be removed. It is noted these trees would likely be screened from public views following the construction of the dwelling. The Arboricultural Officer was happy with this arrangement, on the condition that further tree planting be undertaken to the corners of the neighbouring field which run along the eastern boundary of the site and is within the applicant's ownership (this could be undertaken without planning permission). Such details are provided on the amended plan.

7.0 CONCLUSION 7.1 Overall, it is considered that the principle of development is a finely balanced decision; albeit for the reasons given within this report it is acceptable. Further the proposal would not adversely affect public or private amenities and therefore comply with Environment Policy 1 & 42, General Policy 2, Strategic Policy 1, Transport Policy 4, Transport Policy 7, Area Plan for the East 2020 and Residential Design Guide 2021. It is recommended the planning application be approved subject to the conditions listed.

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

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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 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:...23.08.2021

Signed :... 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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