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22/00077/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00077/B Applicant : Mr & Mrs John Eugene And Kathryn Anne Humphrey Proposal : Erection of dwelling and attached garage with annex and creation of vehicular access Site Address : Land Adjacent To Longmead Ballakillowey Road Colby Isle Of Man
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.04.2022 __
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. Prior to the commencement of development on site including any clearance works, details for the method of protecting the existing trees and hedging on site shall be submitted to and approved in writing by the Department. All works must be carried out in accordance with the agreed details and the method of protection only removed on completion of the development works.
Reason: in the interest of visual amenity and landscape setting.
C 3. Prior to the occupation of the dwelling hereby approved a detailed schedule of the stone and timber or composite vertical cladding materials shall be submitted to and approved in writing by the Department. The works shall be carried out in full accordance with the cladding details agreed and retained as such thereafter.
Reason: In the interest of visual amenity.
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22/00077/B Page 2 of 7
C 4. Prior to the occupation of the dwelling hereby approved a hard and soft landscaping scheme shall submitted to and approved in writing by the Department. Such a scheme shall include details of all driveway surfaces, new walls, fences, Manx banks, trees, hedgerows and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.
The works shall be carried out within the first planting season following the occupation of the development and in accordance with the programme agreed in writing with the Department and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology, and in the interest of highway safety in respect of driveway finishes.
C 5. Prior to the occupation of the dwelling hereby approved the access, parking and turning areas must be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and 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 6. Prior to the occupation of the dwelling hereby approved the visibility splays shall be constructed in full 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 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 development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time: o Class 14 Extension of dwellinghouse o Class 17 Private garages and car ports
Reason: To control development in the interests of the visual and neighbouring amenities of the surrounding area.
This application has been recommended for approval for the following reason. Subject to conditions relating to access, landscaping and external materials the application is considered to have an acceptable visual and amenity impact that complies with D15 of the Area Plan for the South 2013, and with Strategic Policies 3 and 5, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan and which is also considered to meet the tests of the Residential Design Guidance 2021.
Plans/Drawings/Information; This approval relates to the following all date received 20/01/2022: JH-21-11 Rev A JH-21-12 Rev A JH-21-13 Rev A JH-21-14 Rev A Planning Statement.
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22/00077/B Page 3 of 7
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The 1109 m2 site is located on the east side of Ballakillowey Road (the A36), in the most northerly part of Colby and previously formed part of the garden to 'Longmead'. The land slopes gently to the south and continues to slope south of the boundary with 'Longmead'. To the east, south and south-east lie the residential developments of Hill Park, The Chase and Odin's Way.
1.2 The nearest property to the east of the appeal site is 'Horizons' in Hill Park which is part of the extensive modern Ballakillowey estate. To the north and on the main road, lies 'Strathcona. To the north and east of 'Strathcona' there is open countryside. 'Longmead' is immediately to the south of the site and a little further to the southwest, adjacent to road, lies the Manx cottage known as 'Lynwood Dene'. On the opposite site of the road as also a number of traditional Manx cottages known as 'Ivy Cottage', 'Crofton Cottage' and 'Fuchsia Cottage'. Further north there are also more traditional dwellings lining either side of the road.
1.3 The application site has been subject to a number of previous applications for the erection of a new dwelling, some of these approved and some refused, section 3.0 covers these in more detail.
2.0 THE PROPOSAL 2.1 The current application seeks approval for the erection of a detached two storey dwelling and double garage accessed from the Ballakillowey Road. The dwelling is to be centrally positioned on the plot with the linked garage sitting closest to the northern boundary. A 2m tall 'lollypop' fence is proposed along the southern boundary between the site and 'Longmead' with an additional planted hedge. The existing hedging and sod banks along the east and west boundaries are to be retained as is and there is no detail given for the northern boundary.
2.2 The proposed dwelling footprint measures 7m x 11m and is finished to mimic a traditional Manx cottage with a central ridge measuring 7.5m tall. There are two large integrated stacks at each gable end. The linked cat slide extension joins with the proposed double garage measuring 7m x 7m with additional living space above and a central ridge 6m tall.
2.3 The proposed dwelling has an overall appearance mimicking a Manx cottage and have across the south elevation facing 'Longmead' are three vertically aligned windows serving ground and first floor. On each gable end are two areas of glazing serving ground and first floor, those windows nearest 'Horizons' are smaller measuring approx. 1.2m x 1.2m. The catslide link provide the main front access to the property and has a glazed entrance door facing the road and a back utility door facing 'Horizons'. The double garage has a gable facing the road fitted with two single doors at ground floor and a large feature window at first floor matching those on the roadside facing gable of the house.
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22/00077/B Page 4 of 7
2.4 The dwelling is proposed to be finished in a mix of smooth painted render, natural stone cladding and vertical timber or composite cladding throughout and with a dark grey artificial slate roof.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of six previous planning applications, one of which was withdrawn: o 20/01404/B - Erection of detached dwelling - REFUSED o 19/00320/B - Erection of detached dwelling - APPROVED o 18/00484/B - Erection of detached dwelling - WITHDRAWN o 13/00409/B - Erection of a detached dwelling - APPROVED AT APPEAL o 12/00663/B - Creation of a vehicular access - APPROVED o 02/00862/A - Approval in principle for the erection of a dwelling - REFUSED
3.2 The 2013 approval was for a one and a half storey house. The 2019 approval was for a two storey dwelling with an elevation facing 'Longmead' of 16m and a gable facing 'Horizons' of 9m and with a main ridge height of 7.5m and the annex 7m. The 2019 application generated a strong objection from the owners of Strathcona on the basis of size and proximity but no appeal was sought of the approval.
3.3 The most recent refusal in 2020 was for a smaller two storey dwelling approx. 12m x 7m and with a ridge height 7m. The dwellings design was based on 'Passivhaus' and contained significant glazing and first floor balconies facing 'Longmead'. The inspector considered that the starkly modern development would be obtrusive in this location particularly given the traditional dwellings surrounding it and would be a noticeable intrusive infill having an adverse impact on the character of the streetscene, the inspector also considered the proposed dwelling to have a harmful impact on the living condition of 'Longmead' and having detrimental impact on their visual amenity.
4.0 PLANNING STATUS AND POLICY 4.1 The site lies within an area designated on the Area Plan for the South 2013 Map 7 as 'Residential'. The site is not located within a flood risk zone. The site falls within the D15 landscape character area on the Area Plan for the South 2013:
"Port Erin and Port St Mary (D15): The overall strategy is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.
Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill."
4.2 In line with the land use designation there is a general principle in favour of residential development in this location. In the assessment of this application it is relevant to consider the general standards of development as set out in General Policy 2 (GP2), and Environment Policy 42 (EP42) which relates to development within existing settlements needing to take into account particular character and identity. Strategic Policy 3 (SP3) also requires that proposals should have regard to the use of local materials and character in their design and Strategic Policy 5 (SP5) requires that new development should be designed so as to make a positive contribution to the environment of the Island.
4.3 The Residential Design Guidance 2021 (RDG) also provides advice on the design of new dwellings, suggesting that the context of the site and its surroundings are appropriate considerations when considering the design of new dwellings. It also sets out the way in which the impact of development on the living conditions of those in adjacent dwellings may be measured.
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22/00077/B Page 5 of 7
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Rushen Parish Commissioners - in support as long as the ridge height complied with appropriate guidance and law (24/02/2022).
5.2 Department of Infrastructure (DOI) Highways Division - Do Not Oppose Subject to Condition (dated 31/01/2022) o visibility splays matching that of previous approval 19/00320/B and area acceptable. The proposal exceeds the two space car requirements of the IOMSP and there is sufficient parking and turning space to allow entry and exit in forward gear. The driveway should be 3.4m wide to facilitate shared pedestrian and vehicle movements. The garage is adequate to count towards parking provision and allow storage of bicycles. The gate should be set back 5m from the road and surface bound for first 5m from the road. Surface water is to drain into the site and a separate 109a is necessary. There is space for refuse bin collection. The proposal does not give rise to significant road safety or network issues subject to conditions for the access, visibility splays and external parking and turning to conform to Drawing No: JH-21-11 Rev A and garage to Drawing No: JH-21-12 Rev A. Additionally, for the access to have a consolidated and bound surface for at least the first 5m from edge of carriageway, gates to be to set back 5m and open inwards and a driveway width of 3.4.
5.3 No comments received from neighbouring properties.
6.0 ASSESSMENT 6.1 Previous application decisions for this site make clear that the principle of a new dwelling is acceptable and this remains the case in this application. The access arrangements mimic those details previously approved and accepted by DOI and there are to be no new issues in this case subject to conditions requiring the works being carried out in accordance with the submitted drawings. While there remains an extant approval on the site of 19/00320/B, the key issues to consider in the assessment of this application are the visual impacts on the character and appearance of the site and surrounding area and the amenity impacts on the neighbours.
Visual Impact 6.2 In reviewing all the previous schemes at this site it is quite evident that the current proposal is by far the most reflective and respective of a traditional Manx cottage and comparative drawings provided within the submission show how the proposal has a siting, layout, scale and massing which is far reduced compared to the previous 19/00320/B approval. The overall design seeks to mimic the typical form and proportion of a three bay cottage and its use of stone, render, slate and integrated stacks help to intensify its traditional appearance. The modern approach to the three bay frontage gives nod to the typical solid to void window ratios and offers a sensitive and contemporary balance between the old and new. As the property steps backwards the smaller cat-slide to the garage offers a modest link extension which provides a break between the house and the slightly more modern looking garage. The scale of the garage is increased due to the inclusion of living space above and the large first floor window on the road facing gable, however its overall size and massing remains subservient to the main dwelling and the selected materials and its slightly stepped back position will help to reduce its prominence from the roadside. In all, for the above reasons it is considered that the proposed dwelling offers an enhanced design beyond that of the 2019 approval and is considered to have an acceptable visual impact on the site and on its traditional and rural surroundings in line with D15, GP2 (b, c and g), EP42, SP3 and SP5.
Amenity Impact
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22/00077/B Page 6 of 7
6.3 Aforementioned, the size, scale and massing of the proposal is less than those applications which came before it, and so it is not considered that there would be any new or increased impacts on the adjacent neighbours as to warrant a significant concern or objection in this case. Whilst it is noted that there is to be two windows on the end gable facing 'Horizons', these are not considered to be unacceptable warrant a refusal on the basis that overlooking from the ground floor window is limited due to boundary treatments limiting inter- visibility between the two sites, and that the distance and angles of the first floor window and given that it is to serve a secondary habitable room that it is within the bounds of acceptability. The third window facing 'Horizons' sits within the rear garage gable and serves a stairwell and no adverse impacts are expected due to its use and also minded of its position much further north than 'Horizons'. It shall also be noted that unlike its predecessors, the current application also received no objections from neighbouring properties. The proposal is considered to have an acceptable amenity impact and given the favourable findings of the overall design is also considered to have an acceptable visual amenity impact from all neighbouring dwellings in line with GP2 (b, c, g) and Residential Design Guidance 2021.
7.0 CONCLUSION 7.1 The site is designated for residential development but sits on the cusp of the countryside forming a fairly unique semi-rural context to the site. The Isle of Man Strategic Plan states "the design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes.". The current proposal takes this statement into account and offers a design which comprises some contemporary approaches but maintains an overall sense of place through its inclusion of traditional elements. The proposed dwelling is considered to be in-keeping with the streetscene and the wider character of the rural area and to have an acceptable impact on the amenities of the neighbours.
7.2 For the reasons set out above the application is recommended for approval subject to a number of suitably worded conditions relating to the access, hard and soft landscaping, methods for protecting the existing hedging and trees and submission of external cladding details.
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 __
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22/00077/B Page 7 of 7
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 : 07.04.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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