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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01478/A Applicant : Parkfield Accounting Limited Proposal : Approval in Principle for the creation of a residential curtilage for a dwelling addressing means of access Site Address : Land East Of Watersmeet Cronk Dhoo Plot Phildraw Road Ballasalla Isle Of Man IM9 3DU
Planning Officer: Mrs Vanessa Porter Photo Taken : 09.03.2022 Site Visit : 09.03.2022 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.05.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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 2. Approval of the details of siting, design, external appearance of the building[s], internal layout of buildings, drainage, and 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. Prior to the construction of the access to this building plot hereby approved an Arboricultural Method Statement (AMS), 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 AMS should confirm what protection measures are going to implemented, how and when they are they are going to be implemented, and how arboricultural site monitoring will take place throughout the construction process, in sufficient detail to provide a high level of confidence in the outcome
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for retained trees. The agreed protection measures and construction methods 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 due to their registered nature.
C 4. Prior to the occupation of the dwelling the driveway and means of vehicular access identified on drawing No. 271/021a dated 8th April 2022 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction.
Reason: In the interests of highway safety.
C 5. Notwithstanding the details outlined in relation to Condition 2 the Reserved Matters Application shall also include details of; (a) dwelling limited to single storey below their eaves level; (b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (c) all external materials to be used in the development; (d) existing and proposed ground and floor levels; (e) foul and surface water drainage; (f) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (g) existing and proposed ground and floor levels; (h) integrated measurers to support bio-diversity net gain; (i) provide sustainable drainage systems; (j) preliminary Ecological Appraisal, which is to include bats, nesting birds and Japanese knotweed; (k) Flood Risk Assessment; (l) Bicycle, EV charging points and car parking provisions in accordance with the adopted standard; and (m) Waste bin storage and collection; (n) Soft and hard landscaping.
Reason: in the interest of the character of the area, highway safety, drainage, biodiversity and flood risk.
This application has been recommended for approval for the following reason. The principle of residential development as shown on the submitted plans is appropriate on this site in accordance with Strategic Policy 1,2; General Policy 2, of the Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 09th December 2021; o Drawing No. 271/001 o Drawing No. 271/002 o Manx Roots Preliminary Arboricultural Assessment o Drawing No. TR-151121 o Drawing No. TS-021121 o Drawing No.01
This decision also relates to drawing no's 271/020c and 271/021a received on the 8th April 2022.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):
Owner and occupier of; Struan, Silverdale Road, Ballasalla Owner and occupier of; Moorehouse, Crossag Road, Ballasalla Owner and occupier of; Fildraw Mansion House, Fildraw Road, Ballasalla
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is a parcel of land that is situated to the North East of Fildraw Road and is accessed via an entrance gate situated to the West of the overall site.
1.2 The site is surrounding by trees upon all sides, with a stream/river which abuts the North West side of the site.
THE PROPOSAL
2.1 The current planning application seeks approval in principle to erect a dwelling on the application site, including means of access. All other matters are reserved for a future detailed planning application.
PLANNING HISTORY
3.1 There are no previous applications associated with this site.
PLANNING POLICY
4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the South, Map 4 - Ballasalla. The site is not within a Conservation Area but a small area of land situated to the North West is within a Flood Risk Zone as such Environment Policy 10 and 13 are applicable.
4.2 Given the nature of the application and the land designation there are several relevant policies from the Isle of Man Strategic Plan including;
4.2.1 Strategic Policy 1 which sets out that development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure,
4.2.2 Strategic Policy 5 which seeks that new development, including individual buildings should be designed to make a positive contribution.
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4.2.3 Strategic Policy 2 which sets out that new development must be in existing settlements unless it complies with GP3.
4.2.4 General Policy 2 which sets out detailed "development control" considerations including: ... (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; (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.
4.2.5 Housing Policy 4 which sets out that new housing must be located primarily within our existing towns and villages
4.2.6 Housing Policy 18 which states that applications which would involve the loss of existing housing which is fit for habitation or which could be made fit at reasonable cost will not usually be approved unless accompanied by firm proposals for replacement housing.
4.2.7 Transport Policy 4 which sets out that new development must be designed to be capable of accommodating vehicle and pedestrian journeys generated by the development in a safe and appropriate manner,
4.2.8 Transport Policy 7 which sets out that new development requires parking according to the standards with appendix 7.
4.2.9 Environment Policy 10 in connection with Environment Policy 13 which seeks that development is not in a Flood Risk Zone.
4.2.10 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the application and state, "The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Department Control raises no objection to the proposal subject to all access arrangements, including visibility splays to accord to Drawing No.271/020c and 271/021a. The application is advised that a S109(A) Highway Agreement is needed after the grant of planning consent." Highway Services also ask for several conditions to be attached to the application. (13.04.22)
5.3 Malew Commissioners have considered the proposal and have no objection (19.01.22)
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5.4 The Aboricultual Officer has written in to make comments regarding the application, specifically regarding the registered trees on the site and the request for a replanting scheme. They also state that the trees to the North of the site would need a slight crown reduction to the South side. (11.1.22)
5.5 DEFA Ecosystems Policy Officer has written in to state that there have been bats seen in the surrounding area, Japanese knotweed at a close proximity to the site and a high likelihood of nesting birds. They request that a Preliminary Ecological Appraisal is done prior to the assessment of this application and that a condition be attached regarding external lighting. (31.12.21)
5.6 Manx National Heritage have written in to state that there is likely to be bats and nesting birds within the site and as such they request a Preliminary Ecological Appraisal prior to the determination of this application. (16.03.22)
5.7 DOI Flood Risk Management have written in to state that they do not oppose but should the application progress to a Reserved Matters stage that a Flood Risk Assessment is submitted. (31.12.21)
5.8 The owner/occupier of "Moorehouse" and "Fildraw Mansion House" have written in (10.02.22 & 23.03.22) to object against the proposal for the following reasoning's;
5.9 The owner/occupier of "Struan" have written in (07.02.22) to object to the proposal on the basis of:
ASSESSMENT
6.1 This application seeks approval in principle for the erection of a dwelling on the application site, addressing means of access. As such, the application seeks to test the principles of erecting a dwelling a dwelling on the site with means of access and is not concerned with the detail of any of any particular dwelling. If the principle is accepted, and planning approval is granted, a further planning application will be required to assess the specifics of siting and design.
Other matters
6.3 PRINCIPLE
6.3.1 When looking at the principle of the proposal, in terms of the land designation, the site is designated as "predominately residential" as such there is a presumption in favour of residential development. However, this is not an automatic reason to allow development as further material planning matters as indicated above need to be considered to determine if the principle of a dwelling on the site is appropriate.
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6.4 TREES AND BIO-DIVERSITY
6.4.1 Firstly it is noted the application due to its location has raised several issues with regards to the possibility of bats, nesting birds, Japanese knotweed, flooding and the removal of trees.
6.4.2 With regards to bats, nesting birds and Japanese knotweed, these are all aspects which are better considered at a Reserved Matters stage and as such, conditions should be attached to make sure that a Preliminary Ecological Appraisal is done at a Reserved Matters stage which includes details of bats, nesting birds and Japanese knotweed.
6.4.3 Turning towards the proposed dwelling and possible Flood Risk. It can be seen from the flood risk viewer maps that the upper North West of the site is within a Surface Water - Medium Likelihood flood risks, as such a condition should be attached that no part of the dwelling can be constructed within this area and that a Flood Risk Assessment should be received within a Reserved Matters application.
6.4.4 Lastly turning towards the Registered Trees on the site. The Registered Trees upon the site are situated on the outskirts to the North, North East, South West and West of the site. Objections upon the removal of the trees to the North West of the site was received from the neighbouring properties, with the potential worry that a property within this site could ultimately remove the registered trees situated within this area over time. It could reasonably be assumed that there might be pressure from future occupants of any dwelling erected on the site, for the removal of the registered trees.
6.4.5 Having visited the site from both the application site side and the neighbouring property, further clarification was sought from the Senior Arboricultural Officer, as the crowns of the trees were substantial in sizing. Further clarification regarding the possibility of the loss of trees was sought from the Senior Arboricultural Officer, to which correspondence states, "The constraints plan provided to support the application shows that the RPA's of existing trees do encroach significantly upon the plot and would reduce the buildable area unless specialist construction techniques were employed. As described above, however, a lot of the existing trees which boarder the North-West end of the plot should not be considered as material constraints to development. The residual constraints - those imposed only by good quality trees - are likely to represent a much smaller area than the constraints shown on drawing TS- 021121, and special construction techniques and protection measures could be employed to overcome these potential conflicts."
6.4.6 With the above in mind and given all the information given, a condition should be attached that any proposed property must be built within the indicative area within drawing no. 271/020c. There should also be another condition attached for new planting in the surrounding area in line with the indicative information given.
6.5 HIGHWAY SAFETY
6.5.1 Turning towards Highway Safety, DOI Highways have provided representation which states that they accept the proposed new entrance under drawing no.s' 271/021a and 271/020c dated 8th April 2022 and have no objections, though they would like to add conditions which would show the surface water drainage details, two parking spaces for the dwelling within the site, bicycle parking provisions of one space per bedroom and provisions for electric vehicle charging point.
6.5.2 As such with conditions it is deemed that the proposed new entrance is acceptable with regards to Highway Safety.
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6.5.3 It should be noted that with regards to the character and appearance of the proposed entrance onto the site, the surrounding area can be defined by the separate entrances into the properties. Whilst they are mostly just low walled entrances, the proposed entrance with sod bank and timber fence at the end will not detract from the overall streetscene and as such are acceptable.
6.6 OTHER MATTERS
6.6.1 Whilst no information has been received regarding the height and size of a proposed dwelling, it is necessary to assess whether there should be any constraints in this regard.
6.6.2 When visiting the site, it could clearly be seen that when standing within the rear garden of "Moorecroft" that there was full visibility into the proposed site and that there was full visibility into the rear of "The Vicarage" from the proposed site. Whilst
6.6.1 All other matters with regards to the potential impacts upon neighbouring amenity, potential impact upon visual amenities of the street scene, parking provisions and the potential amenities of future occupants of the dwelling, are matters which would be considered in any future Reserved Matters application.
CONCLUSION
7.1 Overall, for the reasons indicated within this report, it is concluded that the proposal within this application complies with the relevant planning policies of the Isle of Man Strategic Plan and the Area Plan for the South and is therefore recommended for approval.
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 can confirm that this decision has been made by a Principal Planner 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: 06.05.2022
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Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
Customer note
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