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22/01088/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01088/B Applicant : Ms Zoe Guilford Proposal : Installation of cantilevered timber deck around the existing house, fence and retaining wall adjacent to southern site boundary and creation of parking bays to the west of the existing house Site Address : Savannah Clay Head Road Baldrine Isle Of Man IM4 6DL
Planning Officer: Mr Paul Visigah Photo Taken : 16.11.2022 Site Visit : 16.11.2022 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.05.2023 __
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. The on-site Landscaping and wildlife enhancements detailed within the Landscape Scheme prepared by Barry Holdsworth Ltd (Horticulture Consultancy) dated 9 March 2023 and shown in the landscape plan (Drawing No. Sht-2) received 26 April 2023, shall be created and managed in accordance with the details indicated on these documents.
The wildflower meadow shall be prepared and sown in the nearest planting season following construction of the parking bays.
The various wildlife enhancements should be put in place prior to construction commencing.
The development shall not be carried out other than in accordance with the approved plans. The on-site Landscaping and wildlife enhancements areas shall be retained thereafter.
Reason: In the interests of protecting and enhancing the biodiversity of the environment.
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C 3. Notwithstanding the details shown on the approved plans, all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals.
Reason: To prevent bird strikes, due to proximity of nearby nesting birds.
C 4. The access, parking and turning areas shall be carried out in full accordance with the details shown on drawing No. 2014_103 rev C. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: In the interest of highway safety.
This application has been recommended for approval for the following reason. The application accords with General Policy 2, Environment Policies 3, 4 and 42 of the IOM Strategic Plan 2016, and principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the existing property, neighbouring properties, and the character of the area.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings received on 2 September 2022, Additional plans and documents received 26 April 2023, and Amended Plans received 26 May 2023.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of 'Savannah', a detached dwelling situated within a roughly triangular shaped piece of land at the northern extent of built development on Clay Head. Its detached garage sits to the west of the existing dwelling and south of the driveway. The topography of the area is characterised as a hillside with the site offering views over long distances towards Laxey due to its elevated position.
1.2 The site has an area of 0.3 hectares and has two existing dwellings to the south - Braeside and Geay Varrey and a further dwelling, Green Oak and its curtilage, to the west. These properties floor levels are set above that of the dwelling on the site. To the north, downhill of the site is open space in the form of unmanaged scrubland.
1.3 The site has significant mature landscaping comprises trees and shrubs covering large sections of the site area and surrounding area, although the unique contemporary design and flat roof, light coloured finish and large areas of glazing make the dwelling stand out in its vicinity when viewed from Laxey Road.
2.0 THE PROPOSAL 2.1 This application seeks approval for installation of cantilevered timber deck around the existing house, timber decks on retaining walls to the east of the existing house, fence and
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retaining wall adjacent to southern site boundary and creation of parking bays to the west of the existing house.
2.2 The new cantilevered timber deck would wrap round the entire building, be set over a steel structure and have glass balustrades around it. A section of the balustrades would be removable.
2.3 Other works would involve: a. Creating new parking bays wets of the existing house and adjacent the existing double garage. This work would involve altering existing banks by the driveway and the surface of the driveway would be finished in bitmac or concrete block paving. b. Creating a rock garden which would have IOM stones and planted with local flora and assorted ferns. c. Creating an area of wildflower meadow where ground has been previously disturbed. d. Creating an amenity grass sward. e. Creating Ecopiles within the boundary tree planting.
2.4 The proposal would involve removing about 5 trees, while new trees would be planted as replacement planting.
2.5 The application is supported by a landscape scheme prepared by Barry Holdsworth Ltd (Horticulture Consultancy) and dated 9 March 2023. This report provides details on the areas of soft landscaping to be created on site; measures to remove Monbretia from site; wildlife enhancement approaches within the scheme, such as insect hotels, bird and bat boxes, as well as ecological log piles; in addition to setting out the standards that were followed in creating the landscape areas.
2.6 The proposal previously proposed works to create a middle deck that would be made of timber and built over a stone faced retaining wall. This deck was to have metal railings around it, with a reconditioned airstream trailer feature placed on it (as a fixed feature on the decking). However, following concerns raised by DEFA Forestry about potential impacts on a mature retained tree, the proposal was revised to exclude the middle deck.
3.0 PLANNING POLICY 3.1 The application site is located within an area identified as 'Predominantly Residential' on the Area Plan for the East Map 9 (Baldrine), and the site is not within a Conservation Area. There are no registered trees on site, although parts of the western boundary of the site is within a Registered tree area. A designated wildlife site (Braggan Point) sits about 134m east of the southern boundary of the site. The site is largely not prone to flood risks although the central part of the site and the driveway are prone to flood risks.
3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area (Glen Roy (B5) : 3.2.1 Landscape Strategy: "Conserve and enhance: a) the character, quality and distinctiveness of the tranquil rural valley, with its scattered houses and farmsteads surrounded by deciduous woodland; b) its winding, narrow roads with small fords and bridges; c) relatively continuous tree cover in the valley bottom; d) strong field pattern on the lower valley sides.
3.2.2 Key Views Opened and channelled views up to the open uplands that surround the area. Channelled views over wooded valley towards Laxey"
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3.3 Given the nature of the proposed development and the location of the property, it is important to consider the following parts of the strategic plan:
3.4 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; (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; (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.
3.5 Environment Policy 42 (In part): 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.
3.6 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
3.7 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."
3.8 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.
3.9 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance 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". Section 4.11 which deals with Roof Terraces, Balconies, Decking and Patios, 2.5 on Contributing to the Local Environment, 3.1 on Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.
4.2 IOM Biodiversity Strategy 2015 to 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.
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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."
5.0 PLANNING HISTORY 5.1 None of the previous planning applications are considered relevant in the assessment and determination of the current application.
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 find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (16 September 2022).
6.2 DEFA Ecosystem Policy Team has made the following comments regarding the application (17 April 2023): o They confirm that they are content with the details contained in Barry Holdsworth Ltd's Landscape Scheme and Landscape Plan, both dated March 2023, and that suitable ecological mitigation has now been proposed. o In regards to the various wildlife boxes, they believe the best locations for the bat boxes would be the southern elevation of two trees along the north western boundary, as there will be too much artificial light coming from the main house. o For birds they recommend the northern elevation of the garage and the northern elevation of one of the trees along the northern boundary. o For the insect hotel, it would probably be best if this was a free standing structure facing south in a warm sunny location along the northern boundary where the insects will have good access to the new wildflower meadow. o They request that a condition is secured for the on-site landscaping and wildlife enhancements to be undertaken in accordance with the details contained in Barry Holdsworth Ltd's Landscape Scheme dated March 2023. This includes the creation of the wildflower meadow and rock garden, removal of montbretia and installation of various wildlife enhancements (insect hotels, bat boxes, bird boxes and log piles). The wildflower meadow should be prepared and sown in the nearest planting season following construction of the parking bays. The various wildlife enhancements should be put in place prior to construction commencing. o They note that there are plans for a clear glass balustrade around the upper deck, and state that the transparent glass windows/balustrades pose a collision risk to birds when they are in flight and could result in their injury or death. o They recommend that a condition is secured for measures to be put in place to prevent bird strikes on the glass balustrade - Measures could include use of etching, ultraviolet coatings or decals. o The applicant is also advised to be aware that there is potential for nesting birds in the vegetation that is to be removed. They recommend that all cutting be undertaken outside of the nesting bird season (March - August inclusive). If cutting within the nesting season, thorough checks for nesting birds must be undertaken prior to cutting commencing. If a nesting bird is found, works must stop and can only recommence once nesting is finished and the young have fledged.
6.3 Given that the development would result in the removal of trees on site, DEFA Forestry was consulted for comments on the application. The comments received 19 May 2023 States the following: o The trees indicated for removal are of fairly poor quality and I have no objection to their removal. I would not recommend seeking further re-planting as this is likely to be at odds with the landscaping scheme that has been developed to benefit wildlife.
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o I do have concerns, however, regarding the proximity of the 'middle deck' to the large retained tree immediately to the east. I would recommend the applicant seeks arboricultural advice (a full impact assessment will not be necessary) as to whether there will be conflict with the rooting area of this tree, and how any conflict will be addressed.
6.3.1 In response to these comments, the applicants have revised the scheme to exclude the middle deck with amended plans submitted on 26 May 2023.
6.4 Garff Commissioners have made the following comments regarding the application (26 October 2022): The impact on views from several directions were considered. It was not felt that these were significant. The consensus was that the style, scope, and size of the decking, etc was visually 'in keeping' with the modern style of the main dwelling. There were no objections to the proposals.
6.5 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of the above application are: a. The impacts on the appearance of both the site itself and character of the area (GP2 & EP42); b. The potential impacts on neighbours and their amenity (GP 2 & RDG 2021); c. Impacts on site Ecology (EP 4 & GP2); and d. Impact on trees (GP2 & EP3)
7.2 IMPACT ON APPEARANCE OF THE DWELLING AND SURROUNDING AREA (GP2 & EP42) 7.2.1 In assessing the impacts of the proposed works on the appearance of the existing dwelling, it is considered that the existing dwelling is a modern dwelling with prominent beams supporting the elevations, with the proposed works seeking to integrate contemporary decking and patio elements which would modernise its appearance and improve its outdoor spaces. Whilst these changes would alter the external appearance of the existing dwelling, the alterations to the dwelling would be in keeping with the appearance and character of the dwelling and would not detract from the overall appearance of this modern dwelling.
7.2.2 Moreover, the contrasting external finishes in form of stone, render and timber finishes to its external walls, and large areas patio, and terrace with glass balustrades would serve to strengthen the modern visage and large areas of glazing which are key features of the main dwelling.
7.2.3 There are also visual benefits of the landscaping works which would improve the appearance garden areas, as well as the general appearance of the entire site area. The design, size, siting and finish of the various elements of the works are also considered to be appropriate for the site and area which is characterised by large garden areas enclosed in mature landscaping.
7.2.4 Granting views to the dwelling and the proposed works would be achievable over long distances from various vantage points within the surrounding area, the proposed works would be read within the residential context of the site, as well as the mature landscaping which characterise most of the site area.
7.2.6 Given the above, it is considered that the proposed scheme would not increase the impact of the building or the works on the character of the site or the surrounding area but would fit seamlessly with the existing built fabric on site, whilst improving the appearance of the site and the area which is rural encompassed by largely rural landscape. As such, it is
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considered that the scheme would comply with GP2, EP 42 and the principles advocated by the Residential Design Guide 2021.
7.3 IMPACT ON NEIGHBOURS (GP2 & RDG) 7.3.1 The key considerations in terms of impact on neighbours are risks of overlooking and loss of privacy to dwellings within 20 metres of the site dwelling, particularly from the proposed decking areas which are elevated relative to the surrounding landscape. With the current scheme, there would be no impacts on neighbouring amenity given that the site is considerably screened by existing trees and mature landscaping within the site and long is boundary, and the nearby properties are situated on land levels more elevated than the application site, and positioned more than 38m from the nearest works area on site. As such, it is not considered that there would be any detrimental impact on the neighbours.
7.4 IMPACT ON ECOLOGY (EP 4 & GP2) 7.4.1 In terms of impacts on ecology or biodiversity within the site, it is also important to establish that if any real harm would result with respect to ecological and environmental concerns, it would involve the removal of some vegetation to facilitate the erection of the proposed works and the integration of the new landscape elements. In this case, whilst some vegetation would be removed, there would be significant introduction of ecological elements which would serve to improve the situation over the existing.
7.4.2 Additionally, the application is supported by a landscape report and supporting plans which have commented on and accepted by the DEFA Ecosystems Team and in this respect it is felt that the application has satisfied the principles of Environment Policy 4. Conditions would, however, be imposed to ensure that the required mitigation measures are implemented.
7.4.3 Therefore, any impacts on biodiversity within the site will be negligible, and overridden by the integration of large areas of planting, soft landscaping and suitable ecological mitigation which would serve to enhance the ecological diversity on site. Moreover, suitably worded conditions would be imposed to ensure that the ecological proposal are integral to the development of the proposal on site. As such, the proposal is considered to comply with the requirements of GP2, EP4 and EP5.
7.5 IMPACT ON TREES (GP 2 & EP3) 7.5.1 In terms of impacts on trees it is considered that the proposal would result in the removal of some trees on site. However, as the DEFA Arboricultural Team had advised that the trees indicated for removal are of fairly poor quality and that they have no objection to their removal it is considered that the development complies with GP 2 (f) with regard to impact on trees.
7.5.2 It is also important to note that the DEFA Forestry team do not recommend seeking further re-planting within the current scheme. Therefore, no further conditions would be imposed regarding further tree planting on the site.
8.0 CONCLUSION 8.1 The application is considered to align with the principles of General Policy 2, Environment policies 3 and 4, and Environment Policy 42, and will not have detrimental impact on the site character and context, landscape character or neighbouring amenity, and as such is recommended for approval.
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;
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(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.
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 in Article 4(2) who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 13.06.2023
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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