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22/01191/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01191/B Applicant : Hartford Homes Proposal : Erection of a dwelling in Area A and creation of a public open space and microwood in Area B. Site Address : Plot Of Land At St Stephens Meadow Sulby Isle Of Man
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.01.2023 __
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. All planting, seeding or turfing comprised in the approved details of landscaping, including those detailed in the Ecological Technical Note (Manx Wildlife Trust, August 2022), 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 3. Prior to the commencement of development, further details of additional tree planting within the site shall be submitted for approved by the Department in line with the Tree Officer's recommendations. All planting shall be carried out in strict accordance with the approved details, and must be carried out in the first planting season following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees 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.
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Reason: in order to mitigate the loss of potential tree coverage and in the interests of visual amenity.
C 4. Prior to the occupation of the development hereby permitted, the approved access, parking and visibility splays shall be constructed in accordance with i-Transport's drawing no. ITB18281-GA-001 and Hartford Homes drawing 02A, and retained thereafter in perpetuity.
Reason: to ensure the development is served by a suitable access and in the interests of highway safety.
C 5. Prior to the commencement of development, full details of all hardsurfacing within the site and surface water drainage shall be submitted to the Department for approval. The development shall be constructed in strict accordance with the approved details and retained as such thereafter in perpetuity.
Reason: to ensure the development incorporates appropriate surface water drainage measures and to prevent surface water run-off onto the highway.
This application has been recommended for approval for the following reason. The proposed development is considered to constitute a high standard of design, whilst ensuring the most efficient use of the site by providing an additional dwelling. The proposals would further enhance the existing informal amenity area through additional planting, whilst ensuring that the maintenance requirements of this area would be reduced. The proposals are not considered to result in a detrimental impact upon the amenities of surrounding residential properties, whilst providing sufficient on-site parking to serve the resultant dwelling. The proposals are therefore deemed compliant with General Policy 2 (b), (c) & (g) and Environment Policy 42 of the Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to drawings and documents referenced; ITB18281-GA-001, 03, Highways Statement, Design and Access Statement, Ecological Recommendations Technical Note and Planning Statement, all received 22.09.22, and amended drawings referenced; 01, 02A, 04A, all received 13.12.22. __
Interested Person Status - Additional Persons
It is recommended that the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:
10 St. Stephen's Meadow, Sulby 21 St. Stephen's Meadow, Sulby
as they have clearly explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO NON-COMPLIANCE WITH THE SULBY LOCAL PLAN AND PREVIOUS PLANNING HISTORY OF MATERIAL RELEVANCE TO THE DEVELOPMENT
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1.0 THE SITE 1.1 The application site relates to a corner plot of undeveloped informal amenity land (Area A) adjacent to Nos. 9 (west) and 10 (north) St. Stephen's Meadow, Sulby. The site also includes an additional area of informal amenity land and woodland (Areas B and C) between St. Stephen's Meadow to the north and the Main Road (A3) to the south. Both portions of the application falls within an area zoned as 'predominantly residential' and specifically with Development Area 2 in the Sulby Local Plan 1998.
1.2 It is further noteworthy that the portion of the application site denoted in the submission as Areas B and C have been allocated as 'Open Space' within the Draft Area Plan for the North and West, however the area corresponding to Area A (i.e. location of the proposed dwelling), has not. The site falls entirely within Sulby's defined settlement boundary.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the erection of a single detached 3-bedroom L-shaped bungalow within Area A, incorporating a dual hipped roof finished in painted render, a natural stone plinth and artificial slate. The proposals further include the erection of a detached dual pitched single garage in the north-western corner of the site, and the creation of a new vehicular access onto the road. Existing mature trees within the site are to be retained, with a new hedgerow planted immediately in front between the dwelling and garage with a corresponding 1.5m high timber fence behind. Existing hedgerows forming the site's northern and western boundaries would be removed and replaced with a hornbeam hedge, with the existing boundary fence repaired and replaced where required.
2.2 Within Area B to the immediate south-west, additional tree planting is proposed whilst leaving a 4m clearance zone from the existing pumping main leading to the pumping station serving the wider residential development.
2.3 With respect to Area C, the existing grass will be removed and replaced with species rich grass and wildflowers, thus reducing maintenance requirements, and include additional thicket planting. A 3m clearance radius will be provided around each of the 3 existing soakaways in this area, and a new boulder circle is to be placed at the western end of Area C. All additional planting works are to be undertaken with input from Manx Wildlife Trust.
3.0 PLANNING HISTORY 3.1 04/00832/B - Creation of an additional plot and dwelling on approved Residential Development (00/00259B and 01/02383B) - Refused
3.2 01/02383/B - Erection of dwellings (substitution of approved house types), plots 1, 2, 6, 7, 10-21, new residential development - Permitted
3.3 00/00259/B - Residential development comprising 21 dwellings, roads, plots and sewers
3.4 98/00390/A - Approval in principle for residential development comprising 21 dwellings
4.0 PLANNING POLICY 4.1 The application site is identified on the Sulby Local Plan (1998) as land zoned for 'predominantly residential' purposes, is not within a Conservation Area nor identified as being at risk of flooding.
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy
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2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 4 Development in Remaining Villages
General Policy 2b,c,g General Development Considerations
Environment Policy 42 Designed to respect the character and identity of the locality
Housing Policy 4 New Housing to defined existing towns
Transport Policy 4 Highways safety 7 Parking
Infrastructure Policy 5 Water conservation and management
Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire
4.3 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners - Unanimous approval, but make the following points (11.11.22):
Note existing hedge to be maintained which has been allowed to grow out of control. Request that hedge be removed and replaced with a more manageable hedge, as per comments from adjacent properties
5.2 Highways Services - No objection subject to conditions, including providing detail of hardsurfacing and surface drainage details. The Applicant is also advised of the need for a s109(A) Highway Agreement after grant of planning consent (17.10.22).
All previous comments remain valid upon submission of amended drawing, aside from change in reference to amended drawing as part of condition (14.12.22)
5.3 Highways Drainage - No details provided indicating the difference in levels from the site to the highway or indication of surface water flow and control (28.11.22).
5.4 Manx Utilities Authority - Request deferral until site visit undertaken and area of proposed microwood to be examined given its proximity to the pumping main for the development (18.11.22).
No objection upon submission of additional information (14.12.22)
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5.5 DEFA Biodiversity - No objection, request condition be attached securing planting and mitigation as per details within MWT's Technical Note (20.10.22)
5.6 Tree Officer - No indication provided as to how existing trees within the site will be retained. Due to close proximity of new dwelling to the trees, it is unlikely adequate protection will be achievable and will likely be detrimentally impacted by construction. Trees are however of a low arboricultural value and therefore their removal would not be objected to subject to mitigation of their loss through additional trees being planted in adjacent microwood. Such planting could be secured through condition (08.12.22).
Support proposals for Area C which would enhance this area and reduce maintenance requirements.
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE 6.2.1 The site falls within the settlement boundary of Sulby and an area zoned as 'predominantly residential' in the Local Plan, where there is general support for new dwellings in accordance with Spatial Policy 4 of the Strategic Plan provided such development would maintain the existing settlement character and be of an appropriate scale to meet local needs for housing.
6.2.2 The site further forms part of Development Area 2 in the Sulby Local Plan, the development brief for which states that a maximum of 21 dwellings may be permitted. Such development has already been granted planning permission and constructed up to the maximum of 21 dwellings as per the planning history for the site. It is further noted that an application for the creation of a further residential plot contiguous with the present application site was refused in 2004 on the grounds of being contrary to the abovementioned development brief, whilst reducing the level of open space provision within the approved development, to the detriment of residential amenity.
6.2.3 Notwithstanding this however, the site forms part of the defined village of Sulby, classified as one of the 'remaining villages' in the Strategic Plan, with no such stipulations on the number of dwellings which could or may be permitted within areas zoned for 'predominantly residential' purposes as per Spatial Policy 4 of the Strategic Plan. Indeed, it has been common practice in recent years for a greater number of dwellings to be permitted on sites covered by development briefs with specific maximum unit thresholds in Local Plans where the design, layout, form and density of proposals would be appropriate in the context of
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surrounding development. This approach stems from the commentary provided within Strategic Policy 1, which requires development to make the best use of resources, which includes optimising unused land and ensuring the most efficient use of sites.
6.2.4 Given the above therefore, and whilst recognising that the Sulby Local Plan remains part of the adopted Development Plan for the site, the erection of a dwelling on a presently unused parcel of land adjacent to existing residential properties is considered to gain support in principle from the Strategic Plan; the latest iteration of which was adopted 18 years after the Sulby Local Plan. Matters relating to design, layout and loss of present open amenity space as a result of the development are covered in the following sections of this report.
6.3 DESIGN AND VISUAL IMPACT 6.3.1 The principal element of the proposals relate to the erection of a detached bungalow and corresponding detached single garage. The bungalow is considered to be of a reasonably traditional and uncomplicated form, utilising a combination of render and traditional stonework with artificial slate for the roof. Such design and materials palette are entirely in keeping with surrounding properties forming part of the original development for the site.
6.3.2 It is recognised that all dwellings within the cul-de-sac are both detached and conventional two-storey properties, with the proposed development comprising an exception as the only bungalow on the estate. It is evident that the development of a bungalow has been chosen on this site due to the close proximity of Nos. 10 and 11 to the immediate north and north-west, and therefore a two-storey dwelling in this location would likely give rise to a detrimental impact upon the privacy of the aforementioned properties into the rear gardens and primary rear windows.
6.3.3 From a visual perspective, the development of a bungalow on this site is not objected to, and indeed whilst differing in scale to surrounding properties, is located on a section of the streetscene which bends round to the north and therefore sits within a plot that is largely unique. The resultant bungalow would not be immediately clearly read within the context of surrounding properties or appear incongruous when compared to if the property were to be sited in between two-storey dwellings, for example. In any case, the development of a two- storey dwelling in this location would not be appropriate for reasons already outlined, and the erection of a bungalow amounts to the most efficient use of the site without an undue level of harm to the visual amenities of the streetscene.
6.3.4 It is noted from comments received by the Local Authority of a preference for the dwelling to be more centrally located within the site and shifted to the west. Whilst it is noted that the proposed dwelling would be located in greater proximity to the streetscene than most other properties on the estate, it should be recognised that the dwelling is only single storey and therefore its prominence in this context would be reduced. Likewise, were the dwelling to be shifted further to the west within the plot, this would result in increased pressures to retained mature trees within the site by impinging their root protection areas and canopy cover. Furthermore, the rear garden area afforded for the dwelling would also be reduced significantly to the detriment of the amenities of future occupants. Consequently, whilst the Local Authority's comments are recognised and sympathised with, it is considered that on balance the current siting of the dwelling as proposed represents the optimum solution in the context of all relevant material considerations.
6.3.5 The proposals are therefore considered to be acceptable from a visual impact perspective in the context of the immediate streetscene, whilst representing good quality design, in compliance with General Policy 2 (b) & (c) and Environment Policy 42 of the Strategic Plan.
6.4 NEIGHBOURING AMENITY
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6.4.1 It is noted that the proposed dwelling would be sited in relative proximity to No. 10 to the north (12.8m) and No. 11 to the north-west (12.73m), with the upper sections of the dwelling (roof) to be visible from their respective rear gardens. However, due to the modest scale of the bungalow which only living accommodation and corresponding fenestration included on the ground floor, the proposals would not give rise to a materially harmful impact upon the amenities of such properties in respect of loss of light, overshadowing, overdominance or loss of privacy. Likewise, given the above considerations and noting the retained distance of 17.71m between the rear of the new dwelling and No. 9 to the west; the proposals would not give rise to a materially harmful impact upon the amenities of this neighbouring property either.
6.4.2 Following comments received from neighbouring properties over the state and fast growing nature of the existing boundary hedgerow, the application has been amended by way of removing the existing hedging along the northern and western site boundaries, and replacement with a new, slower growing Hornbeam hedge. The existing close boarded timber fence behind would be repaired and replaced in sections where required. The retention of the fencing and new hedging would ensure that the privacy of future occupants and surrounding properties would not be compromised. The proposals are therefore deemed compliant with General Policy 2 (g) of the Strategic Plan.
6.5 HIGHWAYS AND PARKING 6.5.1 No objections have been raised by Highways Services with respect to the proposals, but have requested that further details provided with respect to hardsurfacing and drainage in relation to the adjacent highway. Further information was also requested by Highways Drainage with respect to drainage. The applicant has since provided confirmation that drainage channels will be installed at the end of the driveway and footpath adjacent to the pavement to prevent any surface water run-off onto the highway. Full details with respect to confirmation of hardsurfacing and drainage can be suitably controlled by condition.
6.6 OTHER MATTERS 6.6.1 The proposed works comprise a single additional dwelling, and are not considered to pose any issues with respect to criminal actively or spread of fire. The proposed dwelling would connect to the existing public sewer servicing the wider estate with respect to surface water and foul water drainage, which is considered to be acceptable. Given the proposals relate to a single dwelling of a moderate footprint and level of accommodation, it is not considered that the development would pose a material impact upon capacity.
6.6.2 Following comments received from the Tree Officer regarding the request for additional tree planting, the applicant has confirmed they would be willing to plant an additional 5 trees as requested. Such details, together with the measures and recommendations contained within the report provided by Manx Wildlife Trust, can be suitably controlled by condition/s.
7.0 CONCLUSION 7.1 The proposed development is considered to constitute a high standard of design, whilst ensuring the most efficient use of the site by providing an additional dwelling. The proposals would further enhance the existing informal amenity area through additional planting, whilst ensuring that the maintenance requirements of this area would be reduced. The proposals are not considered to result in a detrimental impact upon the amenities of surrounding residential properties, whilst providing sufficient on-site parking to serve the resultant dwelling. The proposals are therefore deemed compliant with General Policy 2 (b), (c) & (g) and Environment Policy 42 of the Strategic Plan (2016), and recommended for approval.
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);
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(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.
8.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 16.01.2023
Signed : T COWELL 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
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