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22/00781/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00781/B Applicant : Mr James Holmshaw Proposal Erection of a detached dwelling Site Address Plot 1 Field Adjcent To Beechfield Glen Auldyn Ramsey Isle Of Man
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 12.12.2022
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 any construction of the dwelling hereby approved in relation to Plot 1, the access shown on Penketh Millar drawing no 15 1146 6 date stamped 02/10/17 (under PA 16/00650/B) shall be constructed as shown and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interests of highway safety.
C 3. 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 under the following classes of Schedule 1 of the Order at any time:
Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports
Reason: To control future development on the site.
C 4. Within one month of the construction of the new access (as per the requirements of Condition 2) the existing field access shall be blocked up with a grass bank with hedgerow planting, of which details must be included within submitted landscaping details required under condition 3) above, to match the existing roadside hedgerow and retained thereafter.
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Reason: In the interests of the character and appearance of the site and surrounding area.
C 5. 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 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 in the interests of highway safety.
C 6. Notwithstanding the details that have been submitted, a detailed landscaping strategy shall be submitted to the Department in writing to be agreed within three months of this approval.
The landscape strategy shall include details of hard surfacing materials, planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants (no non-native species), noting species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping.
Any proposed planting should be in accordance with details contained within a Planting Palette provided as part of the Strategy.
The hard surfacing details shall include details of planters and samples showing the texture and colour of the materials to be used.
The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter.
Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality environment.
C 7. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with General Policy 2, Housing Policy 6, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016, the 1982 Development Plan, and the relevant sections of the Residential Design Guide 2019.
Plans/Drawings/Information;
This approval relates to the documents and plans submitted 24 June 2022, and the Agents Correspondence received 18 August 2022. __
Interested Person Status - Additional Persons
None __
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Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAS OBJECTED TO THE APPLICATION, CONTRARY TO THE VIEWS OF THE PLANNING OFFICER.
1.0 THE SITE 1.1 The site represents Plot 1, Field Adjacent to Beechfield, Glen Auldyn, which is located to the south of Glen Auldyn Road and adjacent to Beechfield within Glen Auldyn. The application site is located approximately 600 metres to the south of the road junction with the Glen Auldyn Road (B16) and Lezayre Road (A3). The site is located to the eastern side of the Glen Auldyn Road and has a total roadside frontage of approximately 47m in length. The roadside boundary is mainly made up of a sod bank with mature hedgerow above.
1.2 The western boundary borders the highway and 'Freshfield', Glen Auldyn, separated by strips of agricultural field while the entire southern, eastern and northern boundaries agricultural fields. The field to the north obtained planning approval to be subdivided as two residential plots under PA 16/00650/B, with further Reserved Matters approval granted under PA 20/00637/REM for the two detached dwellings with attached garages.
2.0 PROPOSAL 2.1 The application seeks approval for erection of a detached dwelling which is an amendment to the scheme approved under PA 16/00650/B and comprises the following alterations to the approved dwelling on Plot 1: a. The left hand rear outlet is to be enlarged. b. Adding a new guest bedroom suite. The new guest suite would project from the rear of the approved plant room and garden attached to the car port (on the south elevation) and would project 4.8m from the rear of these rooms and be about 6.3m wide. The approved garden room would be converted to an ensuite for the guest room. Two new windows would be installed on the north-east elevation to serve the guest suite, while a new set of patio doors would be installed on the rear (south) elevation. c. Adding a new covered courtyard patio area. The approved courtyard patio area to the south elevation would be covered with a lean to roof that would slope towards the car port. Patio doors would be installed on the south elevation to completely enclose the space. d. Adding an external fire place to the rear covered canopy. This fire place would be erected at the rear of the approved fire place serving the living area. e. Removing the front bay window to the office (on the north-west elevation) with the walls squared off. The space would serve a snug/office. f. The corner glazing on the approved lounge on the right hand single storey outlet (on west elevation) to be removed. Space to now serve a cinema room. The chimney stack proposed to serve this room would also be removed from the proposal.
2.2 There would be no increase in the buildings height on any of the elevations.
2.3 The floor area of the dwelling would be increased by about 30.24sqm excluding the covered courtyard patio area which measures (11.9m x 4.8m) - 57.12sqm.
2.5 The access arrangements would remain as approved under PA 16/00650/B.
3.0 PLANNING POLICY 3.1 The application site is within an area designated as being an area of "Proposed - Low Density Housing in Parkland" (LDHP), under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
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3.2 Under the Draft Area Plan for the North and West, the site is not zoned for any particular purpose and as such is part of the countryside, within the Landscape Character Area - Glen Auldyn (B2) where the following applies: "Landscape Strategy To conserve and enhance: a) the character, quality and distinctiveness of wooded valley bottom with housing sensitively located alongside the ecologically valuable riparian corridor.
Key Views o Channelled views framed by steep valley slopes o Glimpsed views up wooded slopes to surrounding uplands
3.2.1 It is, however, important to note that the Isle of Man Development Plan Order 1982 is still active for the area, and as such the site is considered as being zoned for development.
3.3 Due to the zoning of the site, and the nature of the proposed development, the following Strategic Plan policies are considered relevant in the assessment of the application:
3.3.1 General Policy 2 states (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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."
3.3.2 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."
3.3.3 Housing Policy 4: 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
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(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.
3.3.4 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and underused 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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.3.5 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
3.3.6 Transport Policy 7 states: "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."
3.3.7 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."
3.3.8 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats. 3.3.9 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions...". Sections 2.0 on Sustainable Construction, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The strategic aims (In part): o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.
4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
4.3 Isle of Man Climate Change Bill requires that development proposals: (a) demonstrate that the application has been made having regard to the following climate change policies - (i) the maximisation of carbon sequestration; (ii) the minimising of greenhouse gas emissions; (iii) the maintenance and restoration of ecosystems; (iv) biodiversity net gain; (v) the need for sustainable drainage systems; and (vi) the provision of active travel infrastructure; or
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(b) explain why consideration of one or more of those polices is not practicable in relation to the proposed development.
4.3.1 The above Climate Change Bill requirements are not yet the subject of an appointed day Order. Thus, they are not yet a requirement for development.
5.0 PLANNING HISTORY 5.1 The following previous planning applications are considered relevant in the assessment and determination of this application:
5.2 PA 16/00650/B for Creation of three residential plots including access and erection of a detached dwelling with attached garage on plot one - APPROVED AT APPEAL
5.3 PA 20/00637/REM for Reserved matters application in association with PA16/00650/B for the erection of two detached dwellings with attached garages - APPROVED.
5.3.1 This application was submitted to enable the erection of the other plots which were approved under PA 16/00650/B with the dwelling approved at Plot 1 (the current site) to enable the residential use of the broader site area.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose'. They note that they find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (15 July 2022).
6.2 DOI Highways Drainage has indicated that there is insufficient information relating to the drainage of surface water on this site along the access road, and have asked that additional information to demonstrate surface water runoff will not drain onto the public highway be provided (17 August 2022).
6.2.1 In response to the request for additional information, the applicants agent have provided correspondence dated 18 August 2022 which confirms that the access road does not form part of this submission that was covered and approved under P.A. No- 16/00650/B with the surface water drainage being dealt with and approved under Condition No 9 of that planning application. The agent further notes that P.A. No 22/00781/B deals purely with amendments to the design of the dwelling already approved for Plot 1. As well, they note that the amendments are listed in the cover letter and the application form. The surface water for the dwelling will be dealt with via on site soakaways as approved previously for all three plots.
6.3 Lezayre Parish Commissioners have recommended refusal of the application for the following grounds (18/2/2022): o Drawing numbers 22 1661 07 May 2022 and 22 1661 06 June 2022 show that the driveway to the property does not extend to join the Glen Auldyn Road. o Drawing number 15 1146 2 C shows a brick paving road extending to join the Glen Auldyn Road. o The red line around the application site on the, location plan does not extend to include the access road as shown on the original application 16/650/B. o Plans approved for plots 2 and 3 under 20/00637 do not include the access road joining the Glen Auldyn Road, however the location plan shows the red line extending to include the access road. Who is to be responsible for this brick paved access road? o Condition 2 of the original approval for this site 16/00650/B, plot 1 states that prior to any construction of the dwelling hereby approved in relation to plot 1, the access shown on
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Penketh Millar drawing number 15/1145/6 date stamped 2 October 2017 shall be constructed as shown and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. o Condition 8 states, within 1 month of the construction of the new access, (as per the requirements of condition 2) the existing field access shall be blocked up with a grass bank with hedgerow planting, of which details must be included within submitted landscaping details required under condition 3) to match the existing roadside hedgerow and retained thereafter. o Work has commenced on this site on all 3 plots, as can be seen in the attached photographs, but it appears that the conditions attached in relation to conditions 2 and 8 have not been met. The Commissioners will be reporting this as a breach of planning. o The Commissioners seek some clarification regarding the outstanding conditions in relation to this new application, which is for the same site.
6.3.1 Further to receiving clarifications from the applicant's agents the commissioners have made the following additional comments (18 August 2022): o Further to the Commissioners letter dated 5th August 2022, they would like to advise that they have sought clarification on the points raised therein. o Our clerk has met with the Architect, Chris Penketh and all aspects of the queries that were raised in relation to conditions and the access road have all been answered and resolved. o Their position regarding the application remains as stated. Refused Unanimous o We also confirm that correspondence will be sent to the enforcement team to withdraw the Commissioners request to investigate any breach of planning for this site.
6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider with the current application are: i. principle of development; ii. potential impact upon the visual amenities of the area; iii. potential impact upon neighbouring amenities; iv. impact upon highway safety; and v. Drainage/flooding concerns.
7.2 The principle of the proposed development (GP 2 and 1982 Development Plan) 7.2.1 In terms of the principle of the proposed scheme, it is considered that approval was granted for the erection of a new dwelling on the site (Plot 1) under PA 16/00650/B. It should be noted that the current scheme lies on the principle of the previously approved scheme, and only seeks to alter a previously approved development for the site in the form of enlarging the left hand rear outlet, adding a new guest bedroom suite, adding a rear covered courtyard patio area, external fireplace covered canopy, omitting the front bay window to the office omitted, as well as altering the corner glazing to the right hand single storey outlet, and removing the chimney stack, with the proposal having a fall-back position to implement the previously approved scheme should approval not be granted for the current proposal. 7.2.2 Therefore, given that the circumstances which warranted the approval of the dwelling on the site has not changed and there has been no policy changes since the previous approval, the principle of the proposed development is considered acceptable.
7.3 Potential Impact upon the Visual Amenities of the Area (GP 2 and HP 6) 7.3.1 In terms of potential impacts on the visual amenities of the area, it is considered that the amended dwelling would not be taller than the previously approved with the scale, form and position of the alterations such that they would not alter considerably the appearance of the approved dwelling and to such a scale that would result in adverse visual impacts. Also, the proposed finishes would be in keeping with the character of the scheme previously approved and which was not judged to result in adverse visual impacts.
7.3.2 Based on the foregoing, it is considered that the proposed design, size, proportion, form and finishes would be appropriate for the site and surrounding area, resulting in no adverse
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visual or landscape impacts on Glyn Auldyn, and would comply with General Policy 2 and Housing Policy 6 of the IOM Strategic Plan.
7.4 Potential Impact upon Neighbouring Amenities (GP 2) 7.4.1 In terms of impacts on neighbouring amenity, it is not considered that the alterations would alter the existing relationship with neighbouring properties beyond that previously considered acceptable under PA 16/00650/B. This is hinged on the fact that the number of fenestrations on the dwelling would be reduced. Also, the position of the near fenestrations serving the guest suite would be at the rear and east elevation, and on the ground floor where it would not result in adverse impacts. Additionally, the proposed boundary treatments would serve to further ensure no adverse impacts in terms of overlooking results from the alterations to the scheme.
7.4.1 Additionally, as there would be no increase in height, overbearing impacts and overshadowing would not result.
7.5 Potential Impacts upon Highway Safety (GP 2, TP 4, and TP 7) 7.5.1 With regard to impacts on highways, there would be no changes to the access arrangements. Also, the parking provisions which was considered to be acceptable has not been diminished by the current scheme. Besides, DOI Highways have noted that they are content with the scheme as the proposal would have no significant negative impact upon highway safety, network functionality and /or parking. Therefore, it is considered that the scheme as proposed would not result in adverse impacts on parking and highway safety, and is compliant with the aforementioned policies.
7.6 Potential Flooding Concerns (EP 13 & GP 2) 7.6.1 Regarding potential concerns with flooding, it is noted that the site is generally not within a flood risk area, with the proposed changes not within any part of the site where they could be considered to exacerbate any flood concerns. It should be noted that only the site frontage and access area has low likelihood of flood risks.
7.6.2 Accordingly, given that the works are not within a flood risk area, it is not considered that the development would increase the risk of flooding on and off site. Whilst it is noted that there would be increase in floor area, the proposed increase in comparatively small relative to the site area, with the new floor areas only offering little by way of contributions to run off on site. Therefore, it is considered that the proposal would be acceptable from a flooding point of view and therefore comply with Environment Policy 13 of the IOM Strategic Plan.
8.0 CONCLUSION 8.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan, and the Isle of Man Development Plan Order 1982, and for the reasons set out in this report. It is recommended that the application be approved.
9.0 INTERESTED PERSON STATUS 9.1 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
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(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.
9.2 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 the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...19.12.2022
Signed :...P VISIGAH... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 19.12.2022
Application No 22/00781/B Applicant Mr James Holmshaw Proposal Erection of a detached dwelling Site Address Plot 1 Field Adjcent To Beechfield Glen Auldyn Ramsey Isle Of Man
Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 19 December 2022 and agreed with the recommendation to approve the application subject to the officer's amendment to their suggested Condition 7.
The amended Condition 7 shall read:
Prior to the installation of external finishes and materials, a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, shall be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
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