**Document:** Officer Report **Application:** 14/01196/REM — Reserved matters application relating to PA 12/00597/A for erection of a dwelling with garage, addressing siting, design, external appearance, internal layout, means of access and landscaping **Decision:** Permitted **Decision Date:** 2014-11-26 **Parish:** Andreas **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35410-andreas-site-adjacent-new-build-garage/documents/1092208 --- # Officer Report **Application No.:** 14/01196/REM **Applicant:** Frances Thorp **Proposal:** Reserved matters application relating to PA 12/00597/A for erection of a dwelling with garage, addressing siting, design, external appearance, internal layout, means of access and landscaping **Site Address:** Site Adjacent To Mountain View Sound Road Glen Maye Isle Of Man ## Case Officer : Miss S E Corlett **Photo Taken:** 16.05.2014 **Site Visit:** 16.05.2014 **Expected Decision Level:** Planning Committee 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 the residential curtilage of an existing dwelling situated off Sound Road, a local road which leads from the A27 coast road through Glen Maye to Ballacreggan Farm to the south east of the main road. The road serves a number of dwellings, some of which are further south east than the application property - Laburnum Lodge, Holm Lea Bungalow and Strooan Cottage, only the first of which is served by the access road. This road also serves Brookvale, Vallicot Cott, Lane Cottage, Claddagh House and Ballachrink Mooar. - 1.2 The application property is a modern bungalow sitting in just under 1 acre of landscaped garden. The dwelling was built in the 1980s, having been approved under 84/00133/B. Holm Lea was approved under PA 87/1728 and most recently Ballachrink Mooar was permitted following an approval for the redevelopment of a former barn on the site to living accommodation (PAs 05/0220 and 07/0095). - 1.3 Beyond the garden of the application property, to the south is open agricultural land. A public footpath (Bayr ny Skeddan) runs to the east of the site, alongside the Glen Rushen river. - 1.4 The application site is the southern triangularly shaped part of the existing garden with a side boundary which runs alongside the Sound Road, at a length of around 120m. THE PROPOSAL 2.1 Proposed are the details of a further dwelling within the garden of the property as reserved from the approval in principle granted under PA 12/000597. The present property is served by two accesses but the new dwelling will have its own access off the Sound Road. The creation of this access will necessitate the removal of around nine trees. The proposal attempts to overcome the reasons for refusal given in respect of the recent application for the reserved matters - see below. 2.2 The dwelling will be single storey and arranged such that there are two main elements linked together in the centre with the garage further forward towards Sound Road. The building will be 16.5m from the road and the garage just under 7m. It will be simple in form and finish with some areas of stonework in a mainly rendered finish and the roof will be finished in Marley Eternit Rivendale tiles which are a slate like finish in a reconstituted tile. - 2.3 The elevation facing towards Sound Road will be stepped and have a symmetrical array of windows in each element with a stone section containing the front door in the centre. - 2.4 Access into the site will be from a new entrance with a curved drive lwaring to the garage and the front of the house. A number of trees will need to be removed to make way for the access, all of which were shown as being removed in the approval in principle. - 2.5 Foul drainage will be discharged to the main sewer in the highway and surface water to the existing ditch alongside the site. - 2.6 A flood risk assessment has been submitted which reflects the fact that the site lies between two water courses although not within an area identified as being at risk of flooding. The driveway should be designed to allow any flood water to drain back towards the river should the river flood. The finished ground floor level of the house should be 600mm above the flood level, which is what is proposed here. PLANNING STATUS AND POLICY 3.1 The site lies within an area of Woodland and within a wider area of High Landscape Value and Scenic Significance on the Town and Country Planning (Development Plan) Order 1982. - 3.2 The Strategic Plan contains a policy relating to Woodland: Environment Policy 5 states: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." Environment Policies 1 and 2 presume against development in such areas as the countryside is protected for its own sake, particularly in areas of High Landscape Value unless it can be shown that the development would not harm the character and quality of the landscape or the location for the development is essential. - 3.3 General Policy 3 sets out when exceptions may be made in relation to the presumption against development in undesignated areas. PLANNING HISTORY 4.1 The applications which are relevant to the consideration of this application are set out at paragraph 1.2. Essentially, the existing dwelling was approved in 1984, after the 1982 Order designated the land as open space. Since then, other dwellings have been approved and built outside the residential area - Holm Lea - such that there is built development outwith the residential zone. - 4.2 The dwelling which was built at Ballachrink Mooar is within the residential zone on the 1982 Plan. Access was the issue concerning the Planning Authority and the Inspector concluded that "The junction of Sound Road with the main road could safely accommodate additional traffic since its width and alignment are adequate. Sound Road, itself is generally straight and has good forward visibility to the junction with Postman's Path. It is not wide enough for two vehicles to pass but there are a number of areas of localised widening where vehicles can pass. Even if one of two are from time to time occupied by parked cars there is adequate space given the limited traffic flow on the road. Moreover, the road only serves local traffic and drivers are likely to be aware of the limitations. I conclude that Sound Road could safely accommodate the slight increase in traffic generated by the proposal" (paragraph 13). 4.3 Planning permission was granted in principle for the erection of a dwelling on this site under PA 12/00597 at appeal on 24th May, 2013. This approval was granted subject to the following conditions: - 1. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this notice. - 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called the "reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced. - 3. The development to which this approval relates shall begin within 4 years of the date of this approval or within two years of the final approval of the reserved matters, whichever is the later. - 4. No development shall commence until there has been submitted to and approved in writing by the Planning Authority a Flood Risk Assessment including the method of surface water drainage. - 5. This approval relates to the principle of the erection of a dwelling within the area shown on the submitted plan received by the Planning Authority on 20 April, 2012 and plan reference 01 received on 16th July, 2012. 4.4 Most recently planning approval was refused for reserved matters which showed a rather plain single storey property. PA 14/00408/REM was refused for the following reason: "The proposed dwelling, due to its design, form, size and positioning would be detrimental to the character and appearance of the area contrary to General Policy 2 and Strategic Policy 5." REPRESENTATIONS 5.1 Patrick Parish Commissioners raise no objection to the application. - 5.2 Manx Utilities Authority (Electricity) seek consultation regarding the provision of electricity supplies to the development. - 5.3 Department of Infrastructure Highway Services indicate that they do not object to the application subject to a condition which requires that nothing is planted or erected such as would be or become higher than 1.05m within the visibility splays of 2m by 36m. They also request that they are contacted regarding working within the highway. ## ASSESSMENT 6.1 The principle of a dwelling on this site is acceptable as approved under PA 12/00597/A. The site coincides with the drawing submitted and approved then and the application has been submitted within 17 months of the issue of the approval, thus complying with conditions 1 and 5. If approval is granted work must commence by 24th May, 2017 to comply with condition 3. This application is for the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site and thus complies with condition 3. 6.2 The application includes a flood risk assessment, in compliance with condition 4. This is acceptable to the MUA (Drainage). The level of the proposed dwelling is lower than the highway but sufficiently above the watercourse to place the property reasonably above the risk of flooding. 6.3 There are no conditions on the design of the new dwelling and there is no policy advice on such proposals as the dwelling is outwith a residential area and where there is a presumption against development. Whilst in other policies (HP14, HP10) there is a requirement for new dwellings to be traditional and in accordance with Planning Circular 3/91however, in this case, the context of the site, which lead to the planning approval in principle being granted, is perhaps more important than trying to apply a particular policy to the development which would otherwise not be appropriate or applicable. The site lies amongst dwellings which are largely modern and of no prevailing style or character. As such, what is proposed is arguably better than a lot of what surrounds it in terms of its consistent simplicity and crispness and the use of render and slate like roofing and some stone. The previously simple form has been altered to add interest into the building and perhaps a more traditional profile with modern fenestration. - 6.4 As such, the proposal should be judged on its merits as submitted. The site is not part of the open countryside and seen amongst properties of a similar scale and appearance. As such, it is considered not to have any adverse impact, is considered to accord with what was expected from the approval in principle and is recommended for approval. ## PARTY STATUS 7.1 The local authority, Patrick Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. - 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. - 7.3 Manx Utilities Authority (Electricity) does not raise material planning considerations and as such should not be afforded interested party status in this case. Recommendation Recommended Decision: Permitted Date of Recommendation: 17.11.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval - N : Notes attached to conditions - R : Reasons for refusal - O : Notes attached to refusals - C 1. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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 2. The development hereby approved must be commenced prior to 24th May, 2017. REASON: in order to comply with the conditions of the approval in principle. - C 3. Prior to the commencement of any works on site there must be approved by the Planning Authority a landscaping scheme which illustrates the introduction of new trees along the boundary with Sound Road to compensate for those lost in order to provide access into the site. REASON: to protect the rural character of the area. - C 4. Prior to the undertaking of any other works on site, the access as shown in drawing 2.7229101 rev A must be implemented in full and thereafter nothing may be planted, built or introduced such that it is or becomes higher than 1.05m above ground level. Reason: in the interests of highway safety. This approval relates to drawings 1.7229-L, 1.7229-S, 2.7229-101 Rev A, 2.7229-102 Rev A and 13TS024-01 all received on 17th October, 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 : ……PER……… Committee Meeting Date : ……24/11/14….. - S Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/35410-andreas-site-adjacent-new-build-garage/documents/1092208*