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21/00408/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00408/B Applicant : Mr & Mrs Roy Cleator Proposal : Variation of conditions 1 & 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years Site Address : Part Of Field 214287 The Threshold Jurby Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.01.2022 __
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, 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. The visibility splay at the new access onto the new estate road identified on R01/001d shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 4. Any Reserved Matters Application should include a method statement detailing how any lizards would be protected during the works to ensure the lizards are not damaged, 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.
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C 5. No development may commence until a scheme to improve water pressure/water for firefighting provision for Jurby has been completed and written confirmation has been agreed with the Department.
Reason: to ensure there is adequate water for firefighting purposes.
This application has been recommended for approval for the following reason. The proposal would have no significant impacts upon private or public amenities and comply with the relevant planning policies of the Isle Of Man Strategic Plan and the Isle Of Man Development Order 1982.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings R01/001d, R01/SK05 and ITB14591-GA-001 received on 30th March 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 these do relate to planning considerations:
Flood Management Division (DOI) IOM Fire & Safety Service __
Officer’s Report
1.0 SITE 1.1 The application site comprises part of Field 214287 to the northeast of The Threshold Estate within Jurby. The site is a field, with no built development. Access to the site is via a private road, which serves two recently constructed two storey properties to the east of the site, and this road runs from The Threshold for approximately 20m+ in a north-easterly direction to the eastern boundary of the site.
2.0 PLANNING POLICIES 2.1 The application site is within an area of 'Predominantly Residential' and 'Proposed Residential' under the Isle of Man Development Order 1982. The site is not within a Conservation Area.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
2.3 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;
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(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."
2.4 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."
2.5 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."
2.6 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
2.7 Residential Design Guide 2021.
3.0 PLANNING HISTORY 3.1 The previous planning application is considered relevant in the assessment and determination of this application;
3.2 Approval in principle for the construction of five dwellings addressing means of access - 18/00763/A - APPROVED with the attached conditions:
"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.
Reason: To avoid the accumulation of unimplemented planning approvals.
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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.
Reason: In the interests of highway safety.
Reason: To provide adequate safeguards for the ecological species existing on the site."
4.0 PROPOSAL 4.1 The application seeks Variation of conditions 1 & 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years.
4.2 The submitted drawings shows how five plots could be laid out within the site with a central road running through the centre of the site joining into the private road to the east of the site, which subsequently joins onto The Threshold.
5.0 REPRESENTATIONS 5.1 Highway Services (16.04.2021) make the following comments: "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking subject to Condition 4 of PA:18/00763/A on visibility splays being carried forward."
5.2 The IOM Fire & Rescue Service initially objected to the application due to insufficient water supplies to effectively deal with a large fire within the industrial estate and surrounding areas (21.04.2021). Following these comments and a number of discussions within the relevant Government Departments (i.e. DOI, Manx Utilities & Fire Service etc) a scheme is understood to being prepared to install a new water main from Sulby to the site. While this is not definite at this time, the Department has been told it is likely to happen. Accordingly, the IOM Fire & Rescue Service have made the following comments (20.12.2021);
"Following a meeting between Manx Utilities, Treasury and the Isle of Man Fire and Rescue Service on the 22nd November 2021 it was agreed in principle that the issues related to firefighting water would be addressed by the upgrading of part of the water main and a service reservoir being installed at Jurby.
On this basis this department is willing to withdraw its objections to this development. Any future decisions would be based on the progress made with the above works."
5.3 Flood Management Division (08.06.2021) have no objection.
6.0 ASSESSMENT
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6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.3 Since the initial approval, IOM Development Plan Order 1982 which designated the site as 'Predominantly Residential' is still relevant and in force. Further, the Isle of Man Strategic Plan 2016 has not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.5 For information the following report is the Officers report for the previous application (18/00763/A):
"6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; and (d) potential impact upon neighbouring amenities.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use/proposed residential use under the IOM Development Order 1982. As such the general principle of residential development is concluded to be acceptable. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 The only matter to be considered at this stage is the access of the site and whether it is suitable to accommodate five dwellings. The site is essentially at the end of a cul-de-ac and existing traffic to and from the site would be limited. The proposed access into the main estate is via a 4.8m wide road which currently only serves two recently constructed dwellings to the east of the site. A 2m wide footpath is also shown on the plans which runs parallel with this road and continues along the estate road within the proposed site. The applicants after receiving initial comments from Highway Services have also provided tracking for a 10.4m long bin wagon, which shown how it would access the site and turn within the proposed turning head and then leave.
6.4 In terms of individual access to each plot and parking/turning provision this would be dealt with in a future detailed application and is not a matter to considered now; albeit the site is clearly larger enough to accommodate the required turning and off road parking spaces; so the Department is comfortable at this stage that such provision can be made.
6.5 Highway seek a condition requiring; "...the applicant and the third party land owner to be able to provide and permanently maintain the 2.4m x 25m highway visibility splay across the frontage of 17 The Threshold with nothing above 1m in height within the visibility splay area.". This cannot be attached as the site in question (frontage of Nr 17) is not within the applicant's control. However, the Department is satisfied that the likelihood of such occurring is low, namely as the same area would screen their own visibility (access from Nr 17 is along this same frontage) and as the whole estate frontages (Commissioners' Housing) is open plan.
6.6 Overall, it is considered the development can be adequately accessed both vehicular and pedestrian traffic and therefore comply with TP4.
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POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.7 As the application is an AIP there are no details of any dwelling on each plot. Such matters wold be judged in any future detailed application.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.8 Again until a detailed application is submitted this aspect cannot be considered. It is considered the size of each plot and position from neighbouring properties, does give sufficient space to enable a dwelling on each plot without impacts the neighbouring amenities significant. However, this will be considered in a detailed application.
Other matters 6.9 Comments made by the Senior Biodiversity Officer (DEFA) can be addressed via a condition requiring such information in any future detailed application."
6.6 The only new consideration related to the issues of adequate supplies of water for fire- fighting purposes as per Community Policy 10 requires. In this respect and comments made by the Fire and Rescue Service, a Grampian style condition should be attached which indicates that no development may commence until the proposed works to improve the water main are completed.
7.0 CONCLUSION 7.1 Overall, for the reasons indicated it is considered at this stage; again the proposal would have no significant impacts upon private or public amenities and comply with the relevant planning policies of the IOM Strategic Plan and the IOM Development Order 1982 and therefore it is recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The Planning Committee 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 in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Director of Planning and Building Control 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 : 07.01.2022
Determining officer
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Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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