**Document:** DEC Officers Report 1
**Application:** 14/00969/B — Erection of a detached dwelling with attached garage and associated vehicular access (amendments to PA 14/00473/B)
**Decision:** Permitted
**Decision Date:** 2014-10-15
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/35168-rushen-field-410891-garage-dwelling/documents/1091186

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# DEC Officers Report 1

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### Officer's Report

## THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE

### The Site

1.1 The site is part of field number 410891 which lies to the north of Surby Road (B47). The field in its entirety stretches from the highway north and upward towards and as far as the residential curtilage of Surby Mount, an existing dwelling which looks down upon the application site. The boundary between the field and the curtilage of Surby Mount has been changed such that the existing property now has more land than previously. The application site is part of an area which has permission in principle, and which is recognised in the Area Plan for the South adopted in 2013, as being suitable for the erection of a single dwelling, both subject to conditions.

1.2 The field rises up from south to north by approximately 1 in 12.

1.3 To the east of the site is an existing dwelling, Meadow View, which is a traditional Manx cottage with a footprint of 8m by 9m. This has a frontage to the highway of around 13m and a depth of around 26m. There are trees along the boundary of West View with the application site. To the west of the site is another existing property, Victoria Lodge which is a more modern property with a two storey block with accommodation above a garage and a large single storey section to the east. This has a length of 27m. To the north is Surby Mount, an existing two storey property which has traditional elements but has modern windows and a projecting large porch. Across the road to the south is an open field which is not designated for development, to the east of which sit what look like three properties - Homesea and The Homestead which are opposite the south eastern corner of the site and Thie ny Chibbyr which is opposite West View. These three properties (Homesea, Thie ny Chibbyr and The Homestead) are actually one - Thie ny Chibbyr.

1.4 The principal vantage points from where the proposed development will have a perceivable public impact are directly alongside the site on Surby Road and from a distance from the Ballafesson and Church Roads on the outskirts of Port Erin. From here the panorama of the landscape is such that Surby appears as a compact settlement split into two parts,

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separated by the open space between Surby Road and Garth Avenue. The two parts are visually connected by a linear strip of housing on the northern side of Surby Road most of which has traditional proportions and profiles. From both of these vantage points, Surby Mount is clearly visible which suggests that any property on the lower part of the field would also be similarly conspicuous.

1.5 Work has commenced upon the creation of the access approved under PA 13/91302. A yellow metal container deposited close to the roadside trees at the south eastern side of the site.

### The Proposal

2.1 Proposed is the erection of a dwelling on the site. This is similar to what has approval under PA 14/00473/B in terms of the siting and general size and design.

2.2 Like the approved scheme, the dwelling has an attached garage but this is set further forward on the side gable and will be 400mm back from the front facade. The garage will also be 500mm higher at ridge and eaves levels and 500mm longer. The frontage of the house alone is still 13.2m with a single storey conservatory on the western gable which is larger and higher than approved, adding a further 7m (compared with 4m as approved). A rear extension will project from the rear elevation of the property, as was proposed before but this will be shorter (by 1.8m) and more central and a little wider, adding a further element which is 7m by 7m. The dwelling is two storey, the conservatory and garage are single storey and the rear extension is two storey but has a ridge which is 300mm lower than the main ridge. The dwelling has an external ground level 1.8m higher than the road level in front of the site and 2m lower than the ground level at the rear. The dwelling will be 8.4m at closest to the rear boundary and 12.5m from the highway at the front.

2.2 The dwelling will be finished in plain render with plastic framed windows and a natural slate roof. The windows are designed around the vertically proportioned sliding sash style but arranged on the first floor of the front elevation as having side lights of half the width of the main window (slightly wider than as approved) and on the ground floor of the front elevation will be arranged as a three sided bay with a lean-to veranda style roof which runs across the frontage. The house is marginally, 300mm) lower than as approved previously.

2.3 The site would be served by a new soakaway and connected to the main foul sewer. The access into the site would comprise a 3.4m wide entrance at its narrowest and proceeded only 400mm into the site.

2.4 Whilst no streetscene images have been provided, data regarding existing levels has been which indicate that the adjacent properties, Victoria Lodge and West View have ridge levels of 105.45 and 110.49 respectively. The proposed dwelling has a ground floor level of 101.35 (as previously) and is 8.5m to the ridge, resulting in a ridge level of 109.85 - thus slightly lower than West View and higher than Victoria Lodge. It is not considered that further streetscene drawings are required to illustrate this relationship as was the case in the previous application.

### Planning Status And Policy

3.1 The site is identified on the Area Plan for the South as being suitable for the erection of a single dwelling subject to the following conditions:

1. Any scheme must demonstrate that a safe means of access can be provided with visibility splays of 2m by 36m in each direction. Plans must illustrate how such an access is to be provided.

2. Any new dwelling must be designed with traditional features (pitched, slated roof, render and/or stone walling) reflecting the character of the older more vernacular properties in the vicinity.

3. Any scheme must include full details of the proposed drainage arrangements (foul and surface water) for the site to demonstrate that the development will not exacerbate existing drainage problems and such as not to result in any detrimental impact through the flow of surface water into other property. Advice must be sought from the Isle of Man Water and Sewerage Authority prior to the submission of any application.

4. At least two parking spaces per unit must be provided in accordance with the provisions of the Isle of Man Strategic Plan, 2007 (or its replacement) and sufficient space must be provided for manoeuvring vehicles such that a vehicle may enter and leave the site in a forward gear.

3.2 In addition, the proposal must comply with the general development requirements set out in the Strategic Plan as described in General Policy 3:

General Policy 2 states: "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:

a) is in accordance with the design brief in the Area Plan where there is such a brief; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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; i) does not have an adverse 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."

### Planning History

4.1 Planning permission has been granted under PAs 09/00508/A and 13/00245/A for the principle of a single dwelling on the site, subject to conditions similar to the requirements of the Area Plan. Previously permission was refused for the principle of four dwellings on the site (PA 88/02246/A and a single dwelling (PA 88/00696/A).

4.2 Planning permission was refused on appeal for the erection of a dwelling, under PA 13/91040/B for reasons relating to the design and size of the property (described as non-traditional and eye-catching), its impact on the area and on those in Surby View, Victoria Lodge and West View and the potential loss of trees.

4.3 Planning permission has been granted for the creation of an access under PA 13/91302/B.

4.4 Planning approval was recently granted for the erection of a dwelling on the site - PA 14/00473/B.

### Representations

5.1 The local authority indicates by way of their letter received on 22nd August, 2014 that it is concerned that what is now proposed is a different one to what was previously approved and that earlier scheme was more in keeping with what was required by the approval in principle and wasn't too wide for the plot. They are concerned that bringing forward the garage results in the dwelling appearing as a long line of built form and not as "broken up" as the previous scheme. They are concerned that the proposed sun room is much larger than the previously proposed conservatory and again widens the appearance of the property. They have no objection to the enlarged windows but overall, recommend that the application is refused as it is not true to the original brief. They also note that the conditions of the previous approval have been breached in that there is a container placed underneath the canopy spread of the trees which overhang the site.

5.2 Manx Utilities Authority (Electricity) seek by way of their submission received on 1st September, 2014, consultation regarding the provision of electricity supplies to the site.

5.3 Department of Infrastructure Highway Services indicate by way of their representation received on 5th September, 2014 that they do not oppose the application subject to the applicant contacting them regarding working within the highway.

5.4 The owner of Tradewinds which lies 35m to the south west indicates in his letter of 10th September, 2014 that they have no objection to the dwelling, in fact they think it looks nice, but are concerned that the property will increase the run off of surface water from the site. They consider that the existing drainage channel is not capable of accommodating further water. Also, what seems to have been installed on site does not capture water from the site but allows it to run across the road towards his property. He considers it appropriate that development does not exacerbate the existing situation.

### Assessment

6.1 The principle of the erection of a dwelling on the site is accepted under the provisions of the Area Plan for the South adopted in 2013 and was reiterated in the planning approval, PA 13/00245. As such, a dwelling would be acceptable on this site provided that the dwelling complies with the requirement for the inclusion of traditional features reflecting the character of the older more vernacular properties in the vicinity, and the drainage and access are acceptable, all as required by the Area Plan for the South adopted in 2013 design brief, but this does not obviate the need for the proposal to comply with principles of good planning as set out in General Policy 2, in particular, the need for the dwelling to respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; not affect adversely the character of the surrounding landscape or townscape and not to adversely affect the amenities of local residents or the character of the locality.

6.2 What is now proposed differs only slightly from what was approved under PA 14/00473/B in terms of its shape, basic dimensions and the amount of site covered and its proximity to the adjacent dwellings. None of the trees close to or on the boundaries with Victoria Lodge and West View is likely to be affected by this development although no structures or development should be undertaken within the canopy spread area of them and a condition to this effect should be attached to any approval which will also address the concern raised from a neighbour about the contained placed beneath the tree canopy. Such a condition should refer to trees which are actually within the site as well as and any canopies from trees which are outwith the site but extend into the site.

6.3 As was noted in the previous application, the dwelling does have more traditional features than the previously refused scheme - vertically proportioned windows, gable end stacks and in this respect will fit better into the landscape and complies with the requirements of the Plan. However, as with many proposals which try to capture a traditional character in a modern dwelling, the proportions are not quite vernacular which leads to a taller property with a different proportion of height to width and also different ratios of window to wall. The inclusion of a Georgian style door is perhaps a little out of keeping and the addition of what is in essence a modern garage on one side is not what one may expect to find on a Manx farmhouse. However, the setting of the site with some truly traditional and other more modern properties does not lead what is proposed to be so out of keeping as to warrant refusal of the application on these grounds. The Area Plan for the South adopted in 2013 (APS) does not require that the property follows the guidance of Planning Circular 3/91 but merely acknowledges and uses the traditional characteristics which is what has been done here.

6.4 Whilst issues have, understandably been raised in this application and in previous proposals, regarding surface and foul drainage of the site, there has been no confirmation from the drainage authority that the proposals are unacceptable in this respect and the capacity and design of the soakaway is a matter for the Building Regulations, which will not be adhered to if the drainage is deficient or unacceptable. On the site visit it did not appear that the drainage channel had been installed so existing drainage is not demonstrative of what will be the case when the proposed drawings have been implemented.

6.5 Whilst there have also been previously concerns that there are no ridge levels to compare the existing and proposed dwellings nor any streetscent elevation, it would be difficult to prepare an accurate drawing which illustrates precisely how the dwellings relate to each other, and which also illustrate a realistic view from any vantage point, due to the alignment of the road, the level of the site in relation to the level of the viewer and the alignment of the houses on each side. Indeed criticism was levelled in the previous application of a streetscent drawing which was prepared but not accepted as accurate. As there have been existing ground and ridge levels provided and measurable drawings provided of the proposed dwelling it is concluded that comparable levels of the existing and proposed dwellings can be ascertained without the need for further drawings.

6.6 The changes to the property are both positive and perhaps slightly negative in that the garage and conservatory are both larger and taller than approved previously, but the overall height and the size of the rear annex are both less. The important considerations are whether these changes would adversely affect the character and appearance of the property or the amenities of those in adjacent dwellings.

6.7 The proposed dwelling will have an impact in terms of the view of the hamlet whereby a presently open space will have a new dwelling built upon it and the outlook and context of the neighbouring properties, particularly Surby Mount and also West View and Thie ny Chibbyr will change, it is considered that as approval in principle has been granted for a dwelling on this plot, what is now shown is sited and designed such that this impact will be as little as possible and what is proposed complies with the requirements of the approval in principle and the APS.

### Party Status

7.1 The local authority, Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.

7.3 The resident of Tradewinds is not immediately alongside the site but would be affected by the ineffective discharge of surface water from the site which is why this party was afforded interested person status in the case of PA 08/02246/B. However, in the case of a later application, PA 13/91302/B this party was not afforded interested person status as the issue of drainage had been addressed in detail. As such, the owner of Tradewinds is not considered to be directly affected by the proposal as the details of the drainage have been provided and as such, this party should not be granted interested person status.

7.4 Manx Utilities Authority (Electricity) does not raise material planning considerations and as such should not be afforded party status in this case.

### Supplementary Report

The Planning Committee approved the application at its meeting of 13th October, 2013. The Committee was updated of a further submission which had been received from the owner of West View which lies alongside the application site (incorrectly referred to as Meadow View in paragraph 1.3 of the report), objecting to the application and expressing concern at the impact of the container on the site on the trees which stand close to this part of the site. As a submission which was received prior to the taking of the decision, and as the author resides immediately alongside the site, this party should be afforded interested person status under the provisions of Article 2(a) of the Town and Country Planning (Development Procedure Order) 2013, Government Circular 0046/13 - Determination of Interested Person Status.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation:

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

#### 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

#### C 2.

Prior to the commencement of any development on site, all trees on site or trees which are outwith the site but whose canopies overhang the site, must be protected by the erection of a protective fence erected at a distance of 7.2m from the centre of the stem of the trees as recommended by British Standard 5837 and thereafter during the course of construction, no vehicles may be parked, nor items or containers stored therein nor any excavation undertaken.

REASON: in order to protect the existing trees on site from immediate or long term damage.

This approval relates to drawings 1, 2, 3 and 4A all received on 13th August, 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : A. Committee Meeting Date : 13.10.14. Signed : 13.10.14. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate.

## ☑ YES / ☐ NO

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/35168-rushen-field-410891-garage-dwelling/documents/1091186*