DEC Officer Report

Application No.: 21/00780/B Applicant: Mr Zhivko Nenov Proposal: Erection of a detached dwelling with associated vehicular access and off road parking Site Address: South West Of Oatland Bungalow (Cottage) Oatlands Road Andreas Isle Of Man IM7 4ER Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.01.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun 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. 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 3. The visibility splay(s) identified on 2A; 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 and retained thereafter. Reason: In the interests of highway safety.
• C 4. 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 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.

This application has been recommended for approval for the following reason.

As the site is located on land designated as residential development and the remainder of the assessment finds in favour of the proposal, as it would not adversely affect the living conditions of neighbouring properties nor would it harm the character and quality of the area and it would reflect the pattern of development in this location, the proposal is considered to accord with policies of the Isle of Man Strategic Plan 2016, in particular General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;

16.07.2021

• 1

• 3
• 4

08.11.2021

- 2A _______________________________________________________________

Interested Person Status

Additional Persons

DOI (Flood Risk Management) should be afforded IPS as a Government Department that has made comment on material issues. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site comprises a parcel of undeveloped land which is/was part of the curtilage of Oatlands Cottage, Oatlands Road, Andreas. Oatlands Cottage is single storey bungalow set in a linear plot which fronts onto Oatlands Road. To the east is Oatlands Lodge, which is a traditional looking cottage. The site which is to the west of Oatlands cottage runs parallel to Oatlands Road which is to the southeast if the site.

- 2.0 THE PROPOSAL

2.1 The application seeks approval for the erection of a detached dwelling with associated vehicular access and off road parking. The dwelling would be single storey and have a width of 13.6m and a depth 6.6m. - 2.2 A new access would be provided off Oatlands Road and two off road parking spaces and turning area are provided within the site. - 2.3 A total of three trees are proposed to be removed and replaced with 2 new trees.

3.0 PLANNING HISTORY - 3.1 Oatlands Cottage

16/00811/A - Approval in principle for the erection of a dwelling addressing matters of means of access- APPROVED

02/01703/B - Alterations and extensions to create additional living accommodation APPROVED

3.2 Oatlands Lodge

15/0868/B - Erection of single storey rear extension and extension to residential curtilage APPROVED

00/01764/B - Erection of dwelling (detached bungalow) - APPROVED

3.3 There is also approval for the following in the adjacent field to the south west of this application site;

15/00875/A - Approval in principle for erection of five dwellings addressing means of access and siting at Field 121388 Oatlands Road Andreas - PCO (also at this committee) Approval, subject to conditions.

18/00980/B - Residential development of 17 dwellings with associated roads, plots and drainage - PENDING CONSIDERATION

20/00740/B - Erection of 27 dwellings with associated access, drainage, and open space - Part Of Field No. 121388 And Former Dale Nurseries - APPROVED; however, this derisions has been appealed and is on hold

4.0 PLANNING POLICY - 4.1 The application site is located within an area designated as Predominantly Residential Use (existing) in the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area, nor within in Area of High Landscape or Coastal Value and Scenic Significance. - 4.2 In terms of the Strategic Plan, the following policies are considered relevant; - 4.3 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."

4.4 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."
• 4.5 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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."

4.6 General Policy 2 is also relevant. It reads (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, and (g) does not affect adversely the amenity of local residents or the character of the locality".

4.7 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. - 4.8 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. - 4.9 Residential Design Guide 2021.

- 5.0 REPRESENTATIONS

5.1 Andreas Parish Commissioners do not object (05.08.2021), but comment on the siting of the septic tank for the current dwelling. This has subsequently been dealt with in an amendment. No comments received to this plan amend plan. - 5.2 DOI Highway Services have no objection (08.07.2021 & 09.11.2021) - 5.3 DOI Highway Services Drainage (03.12.2021) raise no objection. - 5.4 DOI (Flood Management) (09.11.21) Do Not Oppose.

5.4 The Fisheries Directorate (DEFA) have no objection (16.08.2021). - 5.5 The Forestry, Amenity and Lands Directorate (DEFA) comment (17.11.2021); "The revised site plans now propose removing the cherry and beech tree and re-planting with two trees at different positions on the site. Whilst this is a more realistic proposal than the previous, it is still, from the Directorate's perspective, unacceptable. Given the small nature of the site and the limited garden space, it is highly unlikely that there will be a harmonious relationship between trees and a residential property. The trees will occupy a great amount of garden space and will inevitably be in very close proximity to property. From my experience assessing tree felling applications, I believe it is highly unlikely that future occupiers will be keen to retain the trees until maturity.

Approval of this development would see the loss of two valuable amenity trees which, in the context of Planning Application 20/00740/B - the erection of 27 dwellings in the field immediately to the North-West of the property, will become increasingly valuable as pedestrian and vehicular transport increases in the vicinity. With little prospect of meaningful and successful mitigation, I find the proposed development unacceptable and it necessary to object to this application on behalf of the Directorate."

- 6.0 ASSESSMENT

6.1 The main issues are considered to be the Principle of Residential Development; impact upon neighbouring amenities; impact upon the Character and appearance of the area; Highway Issues/Parking provision; and impact upon trees. PRINCIPLE OF RESIDENTIAL DEVELOPMENT

6.2 As indicated within the 'Planning Policy' section, the site is considered to be designated for residential development. While this gives a presumption in favour of development it is not an automatic reason to allow the development. Further material planning matters as indicated above need to be considered to determine if the principle of a single dwelling on the site is appropriate. Significant material weight is attached to the recent AiP application which approved a single dwelling on this site. IMPACT UPON NEIGHBOURING PROPERTIES - 6.3 The main property affected would be the existing property Oatlands Cottage to the east of the site. However, given the single storey nature of the proposal (scale/size) and siting it is not considered there would so such a significant impact to warrant a refusal. - 6.4 The approved development to the north would not be affected by the development as an area of public open space is immediately to the north of the proposed dwelling. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA - 6.5 The proposal is a single storey Manx cottage design to match the adjacent Oatlands Cottage. As the site is quite open to Oatlands Road any building on the site would be visible within the street scene. It is considered that the proposal is an appropriately designed, sized dwelling and with appropriate finishes and is appropriate with the character and appearance of area. HIGHWAY ISSUES/PARKING PROVISION - 6.6 In terms of parking provision, the plans shows each the provision of two off road parking spaces for the proposal dwelling which complies with the parking standards of the Isle of Man Strategic Plan. From the site visit it was clear that there was at least two spaces for Oatlands Cottage whose parking situation remains unchanged. - 6.7 In relation to visibility splays of the entrance to the site onto Oatlands Road the submitted plans show visibility of 2.4 metres x 90 metres in both directions. Highway Services have no objection. IMPACT UPON TREES - 6.8 There are three trees on the site which are proposed to be removed by the proposal, a Cherry Tree, a Copper Beech and a very small Manx Palm. Previously (16/00811/A), this concern was also raised by the Forestry Division and following discussions with the agent siting was removed from the application to allow the Tree Survey to be carried out at a later date. - 6.9 While the objection is noted the Manx Palm is small (head height) and the Cherry Tree and Copper Beech are approximately the height of the roof ridge of Oatlands Cottage and

• located to the northern (rear) boundary of the site. The two trees are not especially apparent from wider views and only apparent when passing immediately past the site.
• 6.10 While there loss is unfortunate, the benefits of the approval i.e. new dwelling in a sustainable location (Andreas Village has shops/school etc), designated for development, has no other concerns upon public or private amenities and two new trees would be planted; it is considered the benefits of the development outweigh the loss of the trees. This conclusion is acknowledged comments from the Forestry Division that replacement trees may not reach maturity due to the limited size of the garden. However, the location of the trees (eastern corner of site and west of the parking/turning space) would seem reasonable locations for the Cherry Tree and Himalayan Birch tree. Approval would be recommend irrespective of these two proposed new trees where provided or not.

- 7.0 CONCLUSION

7.1 As the site is located on land designated as residential development and the remainder of the assessment finds in favour of the proposal, as it would not adversely affect the living conditions of neighbouring properties nor would it harm the character and quality of the area and it would reflect the pattern of development in this location, the proposal is considered to accord with policies of the Isle of Man Strategic Plan 2016, in particular General Policy 2 of the Isle of Man Strategic Plan 2016.

7.2 On the basis of the above the application 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

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 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 : 28.01.2022

Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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