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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00069/B Applicant : Martia Limited Proposal : Establishing as built new dwelling with new access road (retrospective) Site Address : Plot 1 Lancashire Plots New Castletown Road Santon Isle Of Man IM4 1HS
Principal Planner: Miss Abigail Morgan Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.06.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Prior to the commencement of any works hereby approved all alterations to the main access from the A6 shall be carried out in accordance with Drawings No. 22 1706 03 and 22 1706 08.
Once formed, the visibility splays shall be permanently retained thereafter and no visual obstruction of any kind shall be permitted within the visibility splays so formed.
Reason: To enable drivers of vehicles using the access to have a clear view of other road users and pedestrians in the interests of road safety
C 2. The dwelling hereby approved shall not be occupied unless the vehicle and pedestrian access and all parking and turning areas have been provided and surfaced in accordance with the Drawings No. 22 1706 03 and 22 1706 08.
Once provided, all parking and turning areas shall thereafter be permanently retained as such.
Reason: To ensure the provision of a means of access and turning space to an adequate standard in the interests of highway safety and to ensure the timely completion of the parking area.
C 3. Prior to the commencement of any works to the main access from the A6 and the internal road details of the proposed drainage layout shall be submitted to and approved in writing by the Department.
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The dwelling hereby approved shall not be occupied unless the proposed drainage has been provided in accordance with the approved plans.
Once provided all drainage shall thereafter be permanently retained.
Reason: In the interests of highway safety.
C 4. The dwelling hereby approved shall not be occupied until the alterations shown on Drawing No 22 1706 08 to the outbuilding have been carried out and the building is fit for the proposed use as workshop and bicycle storage. The outbuilding shall only be used in accordance with the approved plans and for no other purpose.
Reason: The building is off insufficient size to be used for its original purpose and is only considerable acceptable as being incidental to the dwelling and for no other purpose and to ensure the provision of adequate bicycle storage.
C 5. Prior to the commencement of the landscaping shown on Drawing No 22 1706 08 details of the proposed low level planting and hedging and reinforcement of the landscaping along the eastern boundary shall be submitted to and approved in writing by the Department.
Details of the scheme shall include; o A schedule of planning to comprise species, plant sizes and proposed numbers and density; o A programme for implementation and completion of the proposed landscaping.
All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Once provided, all hard landscaping works shall thereafter be permanently retained.
Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area and enhancement of the eastern boundary in the interests of the privacy of future occupiers and those in neighbouring properties.
C 6. The dwelling hereby approved shall not be occupied until the landscaping and associated garden earth works to the levels shown on Drawing No 22 1706 08 and as approved under Condition 5 have been carried out.
Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.
C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development Order) 2012 or any order amending, revoking or re-enacting that Order no greenhouses or polytunnels, extensions, garden sheds or summer houses, fences, gates or walls, private garages or carports, or decking other than that shown on the approved plans shall be erected on the site under Classes 13, 14, 15, 16 17 and 21 of Schedule 1 of that Order, respectively.
Reason: in the interests of the residential amenity of the adjacent properties and of the character and appearance of the development.
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C 8. Prior to the occupation of the dwelling the window to the ensuite of bedroom 2 shall be fitted with obscure glazing to level equivalent to Pilkington level 5 or above and shall be permanently retained as such.
Reason: In the interests of the residential amenity of the adjacent properties.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The proposed development makes good use of existing land and buildings and is not considered to harm the use and enjoyment of existing occupants at neighbouring properties. The proposed would also not result in significant adverse impacts on the character of the site or surrounding area and as such is considered to comply with Strategic Policies 1, 2, 3, 5 and 10, General Policy 2, Housing Policies 1, 4 and 6 and Transport Policies 4, 6 and 7.
Plans/Drawings/Information; This decision relates to the following plans and drawings, received on 21 February 2023;
o Site & location plan 22 1706 01 o Site Plan - as built & approved 22 1706 02 o Visibility splay 22 1706 03 o Plot 1 as built site plan 22 1706 04 o Plot 1 as built ground floor plan 22 1706 05 o Plot 1 as built first floor plan & elevations 22 1706 06 o Plot 1 as built second floor plan & elevations 22 1706 07 o Plot 1 Proposed site plan 22 1706 08 o Plot 1 Proposed ground floor plan 22 1706 09 o Plot 1 Proposed first floor plans & elevations 22 1706 10 o Plot 1 Proposed second floor plan & elevations 22 1706 11 o Photo sheets 1-10
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
37 Ballanoa Meadows All signatories to the Petition submitted
as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or
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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 AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The site is an area of land which lies on the western side of the A5 on the southern side of the built up area known as Newtown. This application site currently accommodates a single dwelling. There is also another single dwelling next to this application site which is the subject of a different application. Neither is currently in use.
1.2 It is part of the former Lancashire Hotel and Furness Cottage which were both demolished and two dwellings were started on site under 15/01124/B.
1.3 The land to the rear of the site has been used for a considerable period of time for the deposit of materials. As such the land has been artificially raised such that it is higher than the residential properties to the north - Ballanoa Meadow.
1.4 At the western end of the site, but not within it, is a sewage pump station.
1.5 Immediately to the north of the site are numbers 11 and 12, Newtown, an associated car parking area, and numbers 33 - 43, Ballanoa Meadow with a small children's play area and the open space to the west of Ballanoa Meadow and provided as part of that development.
2.0 THE PROPOSAL 2.1 This application seeks in part to regularise the development on the site and also proposes some amendments to address concerns raised during the pre-application consultation process.
2.2 This application is needed as the development was not built in accordance with the approved plans and as such this application seeks to (re)establish this plot as a single dwelling, with modified access, garage/parking and ground works to the garden area.
2.3 Dwelling To remain as built.
2.4 Garage Previously approved plans had a driveway leading to a double garage. Following consultation with highways it became apparent that the as built layout was not acceptable. This application seeks to change the garage into a storage and workshop (including bike storage), with 2 parking spaces and a turning area on the driveway.
2.5 Access This application would see some minor alterations to the access in the form of widening and adjusting the wall and pillar to the south-west in order to accommodate the new road layout. In addition, the proposal would lower the existing wall and pillars fronting onto the highway to a maximum height of 1m.
2.6 Internal Road Currently road is in an unfinished state and this proposal will see the proposed roadway with a minimum 4.8m carriage and 1.5m footway.
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2.7 Garden The existing patio around the house it to remain the as it currently is. The remainder of the garden will be lawned and the ground level from the patio to be reduced by 600mm (near to the boundary) to create a lower flat lawned area. A 1m high hit and miss fence with hedged planting behind it is proposed along the boundary with the road and the turning head with low level planting to the front.
3.0 PLANNING POLICY 3.1 The site lies within an area which is designated as "Existing Residential" in the Area Plan for the East - Map 11 Newtown. The Area Plan requires development to maintain the existing settlement character and should be of an appropriate scale to meet local needs. It also notes that residents of Newtown will need to travel to access services/amenities but that it is on a bus route.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 Protect/enhance character of towns and villages 5 Design and visual impact 10 Make use of existing transport network
General Policy 2 General Development Considerations
Housing Policy 1 Provision of housing 4 Location of new housing 6 Design of new Housing in existing settlements
Transport 4 Design of new access 6 Pedestrian access 7 Car parking
Environment Policy 42 Character and identity of settlements
3.3 Residential Design Guide (2021) This document provides advice on the design of new houses (section 3) 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.
4.0 PLANNING HISTORY 4.1 The following application is considered most relevant;
PA 15/01124/B - Replace existing with two detached dwellings with associated detached garages including new highway access and estate roadway - Approved 17 November 2015
5.0 REPRESENTATIONS 5.1 Full copies of the representations can be viewed online.
5.2 DOI Highways Drainage state that 'allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section
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11.3.11 of the Manual for Manx Roads and recommend that this can be dealt with as part of the highway drainage layout approval' - 03.03.23.
5.3 DOI Highways state that the alterations proposed including the widening access, lowering of wall and pillars are acceptable and would allow a more favourable internal arrangement than currently constructed which is considered acceptable. Parking and bike storage are acceptable. The proposal raises no significant road safety or highway network efficiency issues, subject to the changes proposed and represents a preferable arrangement to that currently built - 21.03.23.
5.4 The owner of 37 Ballanoa Meadows, while raises no objections to the proposed landscaping of Plot 1 does object to the widening of the access within the site as they feel the development is trying to obtain approval for further development. Their main concerns in relation to this point appear to relate to the ground being made up and artificially higher than surrounding land and as such associated visual impact and impact on neighbouring properties. They also raise concerns about the suitability of the land for residential use and impact it has had on adjacent properties - 19.04.23.
5.4 Following on the above the owner of 37 Ballanoa Meadows submitted a petition with 43 names based on similar issues raised in their initial representations - 24.04.23.
6.0 ASSESSMENT 6.1 The main issues are considered to be; Principle of development Access and Internal Road Highway Drainage Design - character and appearance of the area Effect on Living conditions - with particular regard to the neighbours in relation to overlooking and loss of privacy Effect on Living conditions - future occupiers with particular regard to overlooking privacy Other matters - land to rear
6.2 Principle of development The site is designated as predominantly residential use and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation.
Noting the above, consideration should also be given to the Isle of Man Strategic Plan 2016, specifically, with regards to Strategic Policies 1 & 2. Strategic Policy 2 requires new dwellings to be located within existing sustainable settlements; being located so as to utilise existing and planned infrastructure, facilities and services. This proposal would meet these aims which essentially seeks development within existing settlements rather than the countryside.
While the fact that the dwellings are already in place Strategic Policy 1 is also relevant, requiring development to make the best use of resources by: "a) optimising the use of previously developed land, redundant buildings, unused and under-used 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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services."
The locational and policy context weigh in favour of the proposal.
6.3 Access and Internal Road The access from the A5 in already in place, however it is proposed to be amended following consultation with Highways. The internal road layout has been amended to accord with the Manual for Manx Road requirements and the access for parking for Plot 1 as proposed is considered acceptable. The proposed amendments to the main access and the internal road
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are to be required by condition to be done prior to any further works taking place and prior to occupation, respectively.
6.4 Highway Drainage While the proposed plans show the new access and internal road layout there are no details of road drainage proposed. It is considered the required works would not materially affect the proposed scheme and as such the provision of these details by condition is considered acceptable.
6.5 Design - character and appearance of the area As part of the previous application for the dwellings, the case officer considered that the buildings in existence at that time, particularly the former public house to have a local landmark quality. They considered that the proposed dwellings, whilst containing modern elements of timber boarding and glass balustrades had basically a traditional form and mass with substantial chimneys towards each end of the main roof, rendered walling and vertically proportioned window apertures. The overhanging eaves and peaks within the eaves level are more modern takes on the traditional form, but they considered that both dwellings sat well within the context of the site which comprises both traditional and more modern buildings.
There are no changes proposed to this dwelling in overall design terms as part of this application.
Since the previous application the Residential Design Guide RDG (2021) has been produced to help those involved in the design process. Section 3 talks about good design and new residential development should be informed by the best qualities of the existing residential areas and encourages good quality contemporary design.
It is accepted that the context of this site the previous buildings (public house and a dwelling) was large and set nearly level to the road. Which when also considering the adjacent dwellings did not make for an easy context against which to design the buildings. As such it was the development site that fed into the design of the existing buildings on the site and not the character of the neighbouring properties at New town. Therefore in this instance it is considered that while they appear imposing along the road the design took into account the character of the pre-existing buildings that were on the site which on balance would weigh in favour of the proposal.
In terms of the design it is noted that a contemporary approach has been followed, which when originally considered was considered acceptable as was the approximate positioning.
6.6 Effect on Living conditions - with particular regard to the neighbours in relation to overlooking and loss of privacy
The closet neighbours are no’s 11 and 13 Newtown, who due to the difference in ground levels sit much lower than this plot, with views from the current garden/patio level and balcony being of concern.
While the house, including the balcony, and surrounding patio are to remain as is, part of these proposals are to lower the ground of the proposed lawned area by 600mm, in particular adjacent to the boundary with these properties to reduce the impact of any overlooking from the garden.
Even with the reduced levels at garden level there would be views to the rear garden for this neighbouring property. This would be at similar quarters from the garden of the previous dwelling on the site. While no landscaping or fencing is proposed along this boundary to further mitigate this could be controlled by condition following on from the proposed landworks.
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The dwelling undoubtedly introduces a level of overlooking that is different to what previously when it was Furness Cottage and the Public House. However a dwelling in a similar position was previously considered acceptable in relation to effect on living conditions.
The outlook from the ground floor is primarily towards the proposed garden with oblique views of no’s 11 and 13 Newtown, which due to the levels difference is not directly into the garden but more towards the first floor level, which not considered to be of great concern.
At first floor level there is undoubtedly an increased level of overlooking albeit primarily an oblique towards the nearest properties no’s 11 and 13 Newtown. The window nearest to the two dwellings is for a bathroom and can be conditioned to be obscured glazed. While the balcony is not particularly close to the boundary overlooking from a balcony is of a different character than from within a room. The presence of people outside has a much more intrusive feel. The balcony would be accessed from a bedroom, rather than one of the communal areas of the house, while this may limit frequency of its use and temper the nature of that use it is still likely to be used by the occupants of the bedroom and cause some level of harm. Given the design of the balcony and views would be an oblique angle such that this would not be significantly harmful to warrant a refusal.
It is considered that with the proposed changes and conditions that the development would not result in significant harm to the living conditions of the occupiers to warrant refusal.
6.7 Effect on Living conditions - future occupiers with particular regard to overlooking privacy
As set out above the nearest properties are set at a lower level there would be direct views from their upper floors towards the property and in to the garden. While in residential areas some degree of overlooking of garden areas is to be expected the lowering of the garden would provide for some level of mitigation and increase in private outdoor space for the occupiers. On this basis it is considered that the occupiers would not experience significant privacy issues in the garden area, to warrant a refusal.
6.8 Other matters Land to rear While not a matter for this application representations have been received in relation to the widening of the access within the site as they feel the development is trying to obtain approval for further development. The main concerns in relation to this point appear to relate to the ground being made up and artificially higher than surrounding land and as such associated visual impact and impact on neighbouring properties and the suitability of the land for residential use and impact it has had on adjacent properties.
Under the Area Plan for the East the area to the rear of application is now allocated for development and the issues raised would from part of the consideration should any application come forward. Highways comments are based on the proposed development and have commented that it changes allows for a more favourable arrangement to that built to support the two dwellings on the site.
Conditions A number of conditions are proposed to ensure that certain works are undertaken either before the additional works take place (access/visibility splays) or occupation. This is to ensure that works are finished to an appropriate standard for future occupiers. As the buildings are already on site the standard 4 year condition is not considered necessary as this application will in effect regularise those buildings on the site.
6.9 Conclusion
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On balance, taking into account the above and the proposed modifications to the development, the proposal is considered acceptable in the framework of the previous approval, its location within a settlement and along a main network route with adequate access to sustainable forms of transport.
7.0 INTERESTED PERSON STATUS 7.1 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.
7.2 The decision maker must determine: whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and whether there are other persons to those listed above who should 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: 10.07.2023
Signed : A MORGAN 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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