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22/00825/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00825/B Applicant : Mr & Mrs Jonathan & Noi Bradburn Proposal : Variation of condition one of PA 18/00602/B, Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access, to extend the period of permission by four years Site Address : Ashbourne House Ballacraine St Johns Isle Of Man IM4 3NF
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.09.2022 __
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 26th July 2026.
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 any works, a detailed, scaled plan is required to be submitted to and approved in writing by the Department which includes the removal of the parking area (small provision for a turning head in front of Ashbourne House (annotated 1 on plan C020B) and the removal of the internal locked gate (annotated 10 on plan C020B) and the driveway served by this gate. This development is required to be implemented in accordance with this approved plan and retained as such thereafter.
Reason: To ensure that the appearance of Ashbourne House is not compromised and in the interests of highway safety in respect of minimising the use of the access onto the A1 which is considered substandard.
C 3. Prior to the commencement of any other excavation or buildings works on the new dwelling, the proposed access, complete with visibility splays as shown in drawing 053 Option B must be in place and available for use.
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Reason: In the interests of highway safety.
C 4. 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 within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 5. Prior to the commencement of any works on the site details of surface water drainage for the access and internal driveway roads must be submitted to and approved in writing by the Department, and all works must be carried out in full accordance with the approved details and shall be installed prior to the first coming into use of the approved access and driveway works.
Reason: in the interest of keeping surface water of the road in the interest of highway safety
This application has been recommended for approval for the following reason. Subject to conditions relating to parking area, provision of access and visibility splays, landscaping and surface water drainage the application accords with the relevant policies of the Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following all date received 06/07/2022: DWG C010 DWG C020 Rev B DWG C050 DWG C051 DWG C053 DWG C070 DWG C080 DWG C081 DWG C090 covering letter dated 21.06.2022 copy of covering letter from 2018 src012 covering letter ref src 014 copy of decision notice 18/00602/B
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
DOI Highway Drainage __
Officer’s Report
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22/00825/B Page 3 of 6
1.0 THE SITE 1.1 The site is part of the residential curtilage of Ashbourne House, Ballacraine, St Johns which is a large detached property situated just north of Ballacraine crossroads and on the western side of the A3. The property is set back from the road and bounded by a Manx stone wall behind which there is shrub planting and some trees. The property has two garden areas, a smaller area around the main house and a much larger area to the west and which runs behind the rear of a number of properties fronting the main Peel Road.
1.2 The entire site is sloping, with Ashbourne House and the main access (onto A3) being at the lowest (approx. 52.0 Datum) and the top of the larger garden being at the highest (approx. 62.50 Datum).
1.3 There are also two detached garage/store buildings just west of the main house between which runs an access lane which connect out onto the Peel Road between the garage of The Smithy and Croit Greanagh.
1.4 The boundaries of the site, particularly the rear garden areas are made up of semi- mature and mature trees, including mature hedgerows/bushes, the main parts of the garden are fairly open and grassed.
2.0 PROPOSAL 2.1 The current application duplicates a scheme for a new dwelling and access works originally approved at appeal under 13/90931/B and later approved for a 4 year extension under 18/00602/B. Planning history is contained in more detail at 3.0.
2.2 The proposed dwelling is to be split level and with living space at upper ground floor and a large garage area at lower ground floor (due to the topography of the site). The proposed bungalow type dwelling encompasses some traditional styled features such as integrated gable stacks, low eaves and pitched slate roof, white rendered walls, smaller sliding sash windows and some use of stone on the lower ground floor. The proposed design also includes some smaller projecting peaked gables to one end where there is some larger glazing opening onto a small terrace above the garages.
2.3 Access works proposal seek to widen the existing access on to the A3 and to lower boundary treatments either side to provide increased splays, this will include removal of some vegetation and trees and lowering of boundary walls.
2.4 There are also some internal modifications to the existing driveway and to create a new internal route to the proposed dwelling.
2.5 Submitted plans also show some landscape planting around the boundary of the larger garden and to the front of the proposed new dwelling.
3.0 PLANNING HISTORY 3.1 The site has been previously approved for erection of a detached dwelling in the rear garden and including highway access works, subject to two previous approvals considered materially relevant in the assessment of this application: o PA 13/90931/B - Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access - APPROVED AT APPEAL o PA 18/00602/B - Variation of condition one of PA 13/90931/B, Erection of a detached dwelling with associated landscaping, creation of an additional driveway and alterations to existing vehicular access, to extend the period of permission by four years - APPROVED 26th July 2018.
3.2 Both applications had conditions including the standard 4 year approval period (C1), details required to be submitted for the removal of a parking area and internal locked gate
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(C2), the approved access works including visibility splays to be completed before any works start for the new dwelling (C3) and need for landscaping (C4).
4.0 PLANNING POLICY 4.1 The site is designated under the St John's Local Plan (Planning Circular 6/99 - Adopted 1999) as "Residential". The site is not within a Conservation Area and is not recognised as being at any flood risk on recent flood mapping. The proposal is consistent with the land zoning and as such, the following policies are relevant for consideration:-
4.2 Strategic Policy 1 and 2 states that development should optimise and make best use of land, resources and existing infrastructure and directing all new development to existing established settlements. Spatial Policy 3 indicates St Johns to be a service village and Spatial Policy 4 says that in such villages housing should be provided to meet local need.
4.3 Strategic Policy 5 encourages development to make positive contribution to the environment and General Policy 2 sets out normal 'development control' considerations, including the siting, layout, scale, form and design of buildings, impact on the surrounding landscape, amenity, highway safety, reducing energy consumption etc.
4.4 Infrastructure Policy 5 requires methods for water conservation/management to be incorporated into development proposals, and Community Policies 7 and 11 seek to reduce spread of fire and reduce criminal activity.
4.5 Transport Policy 7 notes that in all new development, parking provision must be in accordance with the Department's current standards as set out in Appendix 7 of the Strategic Plan. For a residential dwelling the requirement is for 2 parking spaces.
4.6 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
4.7 In addition the St John's Local Plan (Planning Circular 6/99 - Adopted 1999) - Policy RES/P/5: - "...new residential development will only be approved where this complies with planning circulars 1/88, 3/88 and 3/89." And Par 2.18 indicates that carefully selected infill sites help to preserve the rural character of the village whilst taking into account a community need for reasonable development and that the appropriateness of such development should be judged on individual merit and backland development should generally be avoided.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 German Commissioners - no objections (04/08/2022).
5.2 Department of Infrastructure Highway Services - Do not oppose (27/07/2022).
5.3 Department of Infrastructure Highway Drainage - requested additional information (18/08/2022) request for surface water drainage detail indicating that failure to provide would be a contravention of Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
5.4 No comments received from neighbouring properties.
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6.0 ASSESSMENT 6.1 As planning approval has already been granted for the development on two previous occasions and all that is sought now is another extension of time for its implementation. In the assessment it is relevant to consider whether there have been any changes of circumstance or policy since the previous approval which would justify a different decision now being reached.
6.2 There have been no changes in policy or circumstances since the last approval in 2018. Whilst there has been a new residential design guide released, the advice contained within it is reflected within those parts of Genera Policy 2 which remains a policy test in this case. Therefore given there have been no policy changes it would be unreasonable to now refuse the application.
6.3 Unlike previous applications there are now no objections from the Commissioners and no comments have been received from any neighbouring properties. The DOI Highway Services have no objections. This application has now received comments from DOI Highway Drainage, but minded that the application details match exactly that previously approved it would be unreasonable to refuse the application on these grounds alone, especially minded that there is separate highway legislation which safeguards no surface water entering the highway. Nevertheless a fifth condition in respect of such details being provided would help towards ensuring its provision and long-term retention in the interest of highway safety.
7.0 CONCLUSION 7.1 Just as the last two application were approved, the current application remains acceptable subject to a duplication of those previous conditions and the addition of a further condition to address the surface water drainage details to be provided.
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 __
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: 09.09.2022
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Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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