**Document:** Planning Report and Recommendations
**Application:** 10/01816/B — Erection of two dwellings
**Decision:** Refused
**Decision Date:** 2011-04-04
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/259-lezayre-land-between-glas-choille-dwelling/documents/1240583

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# Planning Report and Recommendations

**Application No.:** 10/01816/B
**Applicant:** Delia Lynne Jackson
**Proposal:** Erection of two dwellings
**Site Address:** Land Between Glas Choille And Winston Glen Auldyn Ramsey Isle Of Man ### Considerations Case Officer: Mr Chris Balmer
**Expected Decision Level:** Planning Committee ### Written Representations ### Consultations **Consulttee:** Highways Division **Notes:** Refuse. - Comments received 23.02.11 - Do not oppose **Consulttee:** Lezayre Parish Commissioners **Notes:** refuse unanimous 09.03.11 - No further comments. Refuse unanimous. **Consulttee:** Drainage Division **Notes:** no objection subject to the following conditions **Consulttee:** Manx Electricity Authority **Notes:** see note 2

## Officer's Report

The planning application is before the Planning Committee as the recommendation of the planning officer is contrary to the views of the Local Authority.

### Site

The application site forms a parcel of land between Glas Choille and Winston, Glen Auldyn, Ramsey, which is located on the western side of the, Glen Auldyn Road. The site currently comprises of a polytunnel, stable block, sheds and fences demarcating the field into 5 different sections.

It should also be noted that the residential property "Winston" to the south of the application site (adjoining) is within the ownership of the applicant.

### Proposal

The application seeks full detailed approval for the erection of two dwellings. The dwellings which are identical in footprint, size, design and finish would each have a maximum width of 14.5 metres, a maximum depth of 17 meters and a ridge height of 9.2 metres.

Each property would have an integral garage accommodating two vehicles, as well as parking and turning provision which would provide a further two off street parking spaces. Both dwellings would utilise the existing access, albeit the proposal would involve the upgrading of this access to provide the required visibility slays.

### Planning Status

The site has been zoned under the Isle of Man Development Plan Order 1982 as being "residential use"; not within a Conservation Area, nor within an area zoned as High Landscape Value or Coastal Value and Scenic Significance.

- Isle of Man Strategic Plan 20th June 2007
- Isle of Man Development Plan Order 1982

Due to the site location, zoning and the type of proposal, the following policy is relevant for consideration:-

### "Strategic

Policy 1: Development should 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(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services." "General Policy 2: 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 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;
- (i) does not have an unacceptable 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; (1) 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." "Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

## Planning History

The following planning applications are considered relevant in the assessment and determination of this application:

Erection of a dwelling and detached stables - 03/01494/B - APPROVED Approval in principle for erection of dwelling - 01/02175/B - APPROVED

### Representations

Lezayre Parish Commissioners have objected to the application on the following ground:- "The Commissioners feel that the site should hold a single dwelling only. A bungalow would be more in keeping with the surrounding properties."

Highways Division have no objection:-
"Has no traffic management, parking or road safety implications."
The Water and Sewerage Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The owners/occupiers of Glas Choille, Glen Auldyn, have objected to the application which can be summarised as follows: no objection to a single bungalow but there will be a loss of privacy and light, overdevelopment of the site the development would be out of character with the area.

The owner/occupier of Drumalla, Glen Auldyn, has objected to the application which can be summarised as follows: a number of new dwellings have been constructed in the area, further dwellings would detract from the rural nature of the glen; loss of this area for residential use would be of detriment to the glen; this development plus other developments in the glen would result in additional traffic which the road is not sufficiently wide enough to take and there is no need for additional housing.

The owner/occupier of Crenagh Barns, Glen Auldyn, has objected to the application which can be summarised as follows: over-intensification of the site; the development would be out of keeping with street scene and neighbouring properties but there is no objection to a single storey property

The owners/occupiers of Grianane, Glen Auldyn, have objected to the application which can be summarised as over-development of site and out of character with the setting of the glen.

## Assessment

The following Material Planning Issues should be considered:

1. Principle of Residential Development;
2. Number of Dwellings;
3. Highway Issues;
4. Amenity Standards for Future Occupiers;
5. Design; and
6. Impact upon Neighbouring Amenities.

Principle of Residential Development The starting point is to establish the principle of residential development on the site. As indicated within the planning status section of this report, the site is zoned as "residential use".

It should also be noted that planning permission, albeit has now expired, has been granted on the site for a single dwelling previously.

Overall, it is considered that the principle of residential development of the site, which has been previously established, and given the zoning now, remains appropriate.

### Number of Dwellings

The Isle of Man Strategic Plan has a number of policies which may support the scheme, particularly Strategic Policy 1, which requires the; "...optimising the use of previously developed land...".

Housing Policy 6 of the Strategic Plan states that; "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan (i.e. General Policy 2). Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

The northern plot within the site would have an area of 1034 sq m , whilst the southern plot equates to having an area of 1060 sq m . The proposed dwellings each have a floor area, over two storeys, of 306 sq m (including the integral garage).

As indicated previously a large detached bungalow was approved a number of years ago on the site. This approved property had an approximate floor area of 252 sq m , and an overall footprint which was similar if the footprint of the now proposed two dwellings is combined.

In terms of whether the site can accommodate two dwellings as proposed, it is considered that the submission does show that the site can, to an acceptable standard.

Highway Issues The previous approved application proposed visibility splays of which also involves the removal of the existing hedgerow and a number of semi-mature trees.

Given the new proposal is for two dwellings, the required visibility has increase to  due to the likelihood of traffic generation from two dwellings compared to a single dwelling. This splay can be achieved, but again requires very similar changes to the frontage by the removal of the existing hedgerow and some of the existing semi-mature trees.

The submission does include a new sod bank with planted shrubs to be erected, set back from the visibility splay. It is also considered appropriate, that given the loss of some semi-mature trees, a landscaping condition could be attached which required a replacement tree planting behind the visibility splay to compensate the removal of the existing trees.

The removal of the vegetation frontage has previously been accepted, and therefore to refuse the application on this basis would not be appropriate, as the Planning Authority should be consistent in its decision making.

Notwithstanding this, it is considered with an appropriate landscaping scheme in place (condition) and with the proposed sod banking; the frontage of the site would be appropriate in terms of its visual appearance in the street scene, in a residential area and would mitigate the removal of some of the existing vegetation lost by the proposal.

The Highway Division have considered the application for two dwellings and the potential impact of additional traffic along the Glen Auldyn Road and have no objection to the proposal.

## Amenity Standards for Future Occupiers

In terms of internal amenity space of the dwellings, both would have separate kitchen, living room, dining room, utility, lounge and a garage at ground floor level. At first floor level there would be four bedrooms, a bathroom, 2 en-suites and a games room.

It is clear that in terms of internal amenity space the dwellings would have more than adequate space for future occupants.

In terms of external amenity space, each dwelling would have at least two off road parking spaces and turning provision. Each dwelling would also have a front, side and rear gardens all of which would be appropriate for a dwelling of this size.

Overall, it is considered the proposal would provide the required amenity provisions for future occupants of the dwellings.

### Design

The dwellings within Glen Auldyn vary in size and design, ranging from large sprawling modern bungalows to more traditional two storey properties. The properties in close proximity to the application site would be included in this description, with large modern bungalows and two storey properties.

Due to this mixture of designs of properties along the Glen Auldyn Road, it is difficult to pin point a particular design. It should be noted that General Policy 2 states that any development should; "respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them."

Overall, it is consider the proposed design, would be appropriate in this location within Glyn Auldyn and would comply with General Policy 2.

### Impact upon Neighbouring Amenities

The main issues to consider regarding the impacts upon neighbouring amenities are loss of light and/or overlooking resulting in a loss of privacy.

The properties mostly likely to be affected by the development would be 'Glas Choille' to the north and 'Winston' to the south.

The owners/occupiers of 'Glas Choille' have objected to the application, which include concern of loss of privacy and loss of light.

Turning to the issue of loss of privacy from overlooking upon the occupants of 'Glas Choille', this is only likely to occur from the proposed northern most dwelling within the site. This northern elevation (side) of the dwelling there are a total of eight windows, four at ground floor level and four at first floor level.

The ground floor level windows would not create any overlooking given the existing landscaping which runs along the northern boundary, which is made up of a 2.5 metre high mature hedgerow which would screen all views from ground floor level.

The first floor windows serve two bedrooms, which also have an additional window which look either in an eastern or western direction. The windows which look directly towards the neighbouring property are to be obscure glazed. The remaining two windows serve en-suite windows and again would be obscured glazed.

It should also be noted that the neighbouring property 'Glas Choille' and the northern most proposed dwelling, would have an approximate 24 m gap between them.

In terms of the potential of loss of light through the proposal, whilst the property is to the south of 'Glas Choille' and as the sun's orientation (east to west) has been taken into account. Overall, it is considered that there would be no significant amount of loss of light, given the distance between the two properties.

Turning to the potential impacts upon the amenities of the occupants of "Winston", the same window layout is proposed in the side elevation of the southern dwelling, as is proposed in the side elevation of the northern property (as described above).

Along the southern boundary of the site consists of an approximate 2 metre high timber fence and a number of trees (albeit within the ownership of 'Winston'). This existing boundary treatment will screen any view from ground floor windows. Again with obscure glazing within the first floor side windows, any potential overlooking would be prevented.

It should also be noted that between the proposed dwelling and the neighbouring property 'Winston' there would be a 28 metres gap.

In terms of loss of light, the proposal would be to the north of the neighbouring property and therefore because of the suns orientation (east to west) there would be no loss of light due to the proposed development.

## Recommendation

Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan and therefore it is recommended that the application be approved.

### Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Lezayre Parish Commissioners The Water and Sewerage Authority The owners/occupiers of Glas Choille, Glen Auldyn The owners/occupiers of Grianane, Glen Auldyn It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Manx Electricity Authority The owner/occupier of Drumalla, Glen Auldyn The owner/occupier of Crenagh Barns, Glen Auldyn

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

## Recommendation

Recommended Decision: Permitted

Date of Recommendation: 23.03.2011

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

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of two dwellings as proposed in the submitted documents and drawings 001,003,004,005,006,007,008,009, D 02 A, 011 and 012 all received on 10th December 2010 and 9th February 2011.

C 3. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. Details of the soft landscaping works include a replacement tree planting scheme along the eastern boundary of the site. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.

C 4. Obscure glazing (Grade 5) shall be installed in the northern and southern elevations of the first floor bedrooms and ensuite windows and shall be retained in perpetuity thereafter unless otherwise authorised in writing by the Planning Authority.

C 5. The roof(s) must be finished in dark natural slate. C 6. Prior to the commencement of any works to the dwellings the alteration to the access are to be undertaken and completed as approved in plan 002A to provide the required visibility splays.

I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

**Decision Made :** ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

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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/259-lezayre-land-between-glas-choille-dwelling/documents/1240583*