Officer Planning Report

Planning Report And Recommendations {{table:201138}} ### Considerations {{table:201139}} ### Written Representations {{table:201140}} ### Consultations {{table:201141}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises a parcel of land fronting onto Bay View Road in Onchan. The proposed development comprises the erection of a dwelling on the application site. PLANNING HISTORY

The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application:

Planning application 04/01070/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 29th September 2004 and, following a subsequent extension of time, expired on the 5th May 2008.

Planning application 06/02106/B sought approval for the demolition of an existing garage and the erection of a two storey dwelling on the application site. This previous planning application was considered and approved on the 15th February 2007, with the approval decision notice issued on the 16th February 2007. A subsequent appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 12th June 2007. Copies of the decision notices have been placed on the file for the current planning application.

REPRESENTATIONS

Onchan District Commissioners recommend that the planning application be approved.

The Department of Transport Highways Division do not oppose the planning application.

The Department of Transport Drainage Division do not oppose the planning application.

The owner and/or occupant of 5 Bay View Road, which directly neighbours the application site, express an interest in the planning application. They state that whilst the proposed changes are desirable the building still appears to project beyond the Building Line.

The owners and/or occupants of 9 Bay View Road, which directly neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern that whilst they have no objection to the principle of a dwelling the proposed dwelling fails to respect building lines and results in an incongruous layout.

Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains one policy that is considered specifically material to the assessment of this current planning application:

Policy O/RES/P/19 states:

"The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

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;
• (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."

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."

Housing Policy 6 states:

"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

Assessment

The planning application seeks approval for the erection of a dwelling on the application site.

The proposed dwelling is a revision of the dwelling with extant planning approval under previous planning application 06/02106/B. Drawing no.s 01 and 02 show the layout and form of the dwelling that has extant planning approval under previous planning application 06/02106/B and drawing no.s 01 rev. C and 02 rev. C show the layout and form of the proposed dwelling. With the exception of amendments that reduce the extent of projection of a bay window on the first floor and the extent of the associated roofline on the front elevation the proposed dwelling is identical to dwelling with extant planning approval. It is understood that these amendments relate to the satisfaction of civil issues associated to the application site. It should be noted that civil issues are not material planning considerations and cannot be taken into account as part of the assessment of the planning application.

The amendments proposed by the planning application from the extant approved dwelling to the proposed dwelling are relatively modest. The overall impact of the proposed dwelling on public and private amenity is largely the same as that of the dwelling approved under previous planning application 06/02016/B. As that previous planning application was approved, and the approval was confirmed on appeal, it is logically concluded that the development proposed by the current planning application also accords with planning policy and is acceptable. On that basis it is recommended that the planning application be approved subject to the conditions previously imposed on planning application 06/02016/B.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

• Onchan District Commissioners;
• The Department of Transport Highways Division;
• The Department of Transport Drainage Division;
• The owner and/or occupant of 5 Bay View Road; and
• The owners and/or occupants of 9 Bay View Road.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	17.11.2008
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to drawing no.s 01 rev. C and 02 rev. C date stamped the 6th October 2008.
C 3.
Prior to the commencement of works on site, the applicant must have approved by the Planning Authority a sample panel of the external finishes of the dwelling.

C 4.

Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)

N 1.

The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.

N 2.

For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.

I confirm that this decision accords with Government Circular No 32/07 (Delegation of Functions to Senior Planning Officer) and GC 33/07 for Advertisements.

Decision Made : Permitted Date : 26/11/07

Signed : [Handwritten signature] Senior Planning Officer