**Document:** Planning Officer Report **Application:** 11/00849/B — Erection of a dwelling **Decision:** Permitted **Decision Date:** 2011-11-03 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1195-braddan-land-forming-part-new-build-dwelling/documents/1250838 --- # Planning Officer Report ### Officer's Report [Table omitted in markdown export] #### The Application Site 1. The application site comprises the residential curtilage of a dwelling located on Main Road, Onchan. The dwelling contained within the site is positioned on the northern boundary on Main Road. The remainder of the site forms the garden for the property with grassed areas and a number of mature trees. The rear of the site is accessible along an unmade lane that accesses onto Kelvin Road, with an existing garage building is located in the south eastern corner of the site. Levels across the site generally fall from Main Road down towards the rear lane, with parts of the garden effectively being divided into terraced sections. #### The Proposal 2. The proposal comprises the erection of a dwelling on the application site. #### Planning History 3. The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application. 4. Planning application 01/00669/A sought approval in principle for the erection of a dwelling on part of the application site for the current proposal. This previous planning application was refused at the initial stage, refused at the review stage and an appeal against the refusal subsequently dismissed. The stated initial and review reason for refusal was: "The creation of a dwelling would necessitate vehicular access onto an unmade rear lane which is not suitable for such traffic." 5. Planning application 02/00504/A sought approval in principle for the erection of a dwelling on part of the application for the current proposal. This previous planning application was refused at the initial stage, refused at the review stage and an appeal against the refusal subsequently dismissed. The stated initial reason for refusal was: "Whilst the Committee is persuaded that the principle of a new dwelling on this site could be acceptable on the basis it would replace garages which exist on the site which themselves could generate traffic using the rear, the Committee is concerned that the erection of a dwelling in the garden would adversely affect the light and amenities of the existing adjacent property, 16 Main Road. Whilst these concern could be overcome by erecting the new dwelling right at the front of the site alongside the main road, the existing large tree in this area would need to be removed which the Department would find unacceptable." The stated review reason for refusal: "Without an accurate tree survey including ground levels and the position and extent of existing trees, it is not possible to make a proper assessment of the proposal; based on the submitted information, it appears that a new dwelling would either adversely affect the neighbouring dwelling or result in the removal of or damage to, the mature tree at the front of the site. Without a specific proposal to improve the rear lane, it is not possible to satisfy the concerns expressed in paragraphs 17/18 of the Appeal report in respect of PA 01/669." The appeal against refusal was dismissed, with the reasons set out within the review reason for refusal basically being agreed and confirmed. ### Planning Policy 6. In terms of local plan policy, the application site is located within a wider area of land that is designated as mixed use (residential/office/retail) under the Onchan Local Plan. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains two policies that are considered specifically material to the assessment of the planning application: 7. Policy O/RES/P/19 states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings." 8. Policy O/NC/P/5 states: "With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of trees within the study area where this is proposed in order to facilitate development." 9. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. 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 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; - (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." ### Representations 10. Onchan District Commissioners recommend that the planning application be approved. 11. The Department of Infrastructure Highways Division do not oppose the planning application. 12. The Isle of Man Water and Sewerage Authority do not oppose the planning application. 13. The Manx Electricity Authority expresses an interest in the planning application. 14. The owner and/or occupant of 3 Inner Circle, which is located in Douglas, objects to the proposed development. As someone who works next to the application site they express concern over the design of the proposed dwelling and its impact on the character of the village. ### Assessment 15. The planning application seeks planning approval for the erection of a dwelling on the application site. The proposal splits the application site into two parts, each with a frontage onto Main Road and an access frontage onto the rear lane. The proposed dwelling, which is a two storey building of modern design, is located on the southern part of the application site. Car parking for the proposal would be provided within the existing garage, which is located next to the proposed dwelling. The existing dwelling would be served by a separate drive way to provide its own on-site car parking. 16. The first issue to consider in the assessment of the proposal is the principle of development. In terms of this, as stated earlier the site is located within a wider area of land that is designated as mixed use (residential/office/retail). As residential development is one of the established and designated uses within the area it is considered that the general principle behind the proposal is acceptable. The main purpose of the planning application is therefore to consider the site specific impacts and acceptability of the proposal. The three main issues to examine in this respect is impact on public amenity, impact on private amenity and impact on highway safety. 17. Before assessing the site specific impacts of the proposal it is noted that the planning application does not include finished floor levels relative to existing levels. However, it is evident from site visit that the proposed dwelling effectively sits within a terraced parcel of the site that is significantly lower than Main Road. Taking this into account it is concluded that the absence of this information does not prevent proper assessment of the proposal. Given this and the difficulties already experienced in obtaining information during the process of the planning application it is concluded to be acceptable to deal with this issue by condition if approved. 18. In terms of impact on public amenity the main vantage point is from Main Road, as the general level of use of the rear lane is very low in comparison. Due to the position of the proposed dwelling, retained boundary treatment along Main Road, levels on site and the scale of development it is likely that the public views of the proposed dwelling would be quite limited. 19. The design of the proposed dwelling is modern. Whilst this has been raised as a concern within one representation to the planning application it has to be recognised that there is no basis in planning policy for resisting modern design unless it is concluded that such design would adversely affect the character of the surrounding area. In this instance it can be seen that the surrounding area contains a wide variety of buildings of vastly differing ages. Given this and its likely limited visibility the design of the proposed dwelling is concluded to be acceptable in terms of impact on public amenity. 20. It is necessary to consider the impact of the proposal on existing trees when assessing impact on public amenity. In terms of this the planning application does not propose to remove any of the existing trees. As can be seen on the site the canopy of a tree approximately in the middle of the application site would appear to encroach within the site of the proposed dwelling. However, as this tree is situated on a terrace above the area where the dwelling would be built it actually sits at a higher level than the proposal. From this it is understood that the main canopy spread of the tree would be above the roof of the proposed dwelling and aside from some possible lopping the tree would not appear to be affect by the proposal. 21. As for impact on private amenity the main issue is how the proposal affects the existing dwelling contained within the application and the adjoining property. It can be seen that the proposal effectively sub-divides the application site to give both the existing and proposed dwellings a frontage onto Main Road, access onto the rear lane and good levels of associated amenity space. The proposed means of sub-division addresses concerns expressed within the previous planning applications, where the proposed dwelling would have had no frontage onto Main Road thereby suffering the negative aspects of backland development. The proposed sub-division and relationship between the existing dwelling and the proposed dwelling is acceptable, with the respective private amenity suitably respected. Due to substantial boundary treatment the proposed development should not unduly affect the private amenity of the other adjoining property. 22. Turning to the issue of highways it is necessary to consider access arrangements and car parking provision. In terms of these, vehicular access to the proposed development is via the rear lane. Previously refused planning applications have raised concerns over the use of the rear lane as it is unadopted and has been poorly maintained. However, since those previous planning applications a residential development on the junction of this lane with Kelvin Road utilising this lane has been approved. Given this approval and the distance involved it would be difficult to the object to the use of the lane for the proposed development. Notwithstanding that, the implementation of the Kelvin Road development would also result in an improvement of the quality of the lane. Furthermore, it is understood that the applicant has been in discussion with this other developer to improve the entire lane, although for reasons of ownership this would be outside the control of the planning system. The overall conclusion of this being that the use of the lane for additional traffic generated by the proposal is acceptable, a conclusion supported by the representation from the Highways Division. 23. Car parking for the proposal is provided within the existing garage, which is easily capable of accommodating two cars. On-site car parking provision for the existing property would be provided by separate driveway. These arrangements satisfy the car parking standards set out within the Isle of Man Strategic Plan 2007. 24. In terms of other issues to consider the planning application has provided sufficient evidence to demonstrate that the proposal can satisfactorily be drained. The proposal is not considered to affect any other obvious material planning consideration. ### Recommendation 25. It is recommended that the planning application be approved. ### Party Status 26. It is considered that the following parties that made representations to the planning application should be afforded interested party status: - Onchan District Commissioners; and - The Isle of Man Water and Sewerage Authority. 27. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: - The Department of Infrastructure Highways Division; - The Manx Electricity Authority; and - The owner and/or occupant of 3 Inner Circle, Douglas. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 02.11.2011 ### 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. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to drawing no.s 0002 rev. B, 0003 rev. B, 0004 rev. B, 0009 rev. A (x2), 0010 rev. A and 0011 rev. A date stamped the 27th September 2011. C 3. Prior to the commencement of development details of finished floor levels of the dwelling must be submitted and agreed by the Planning Authority. C 4. The residential curtilages of the proposed dwelling and existing dwelling are hereby defined by the red lines shown on drawing no. 0009 rev. A date stamped the 27th September 2011. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made : Permitted Date : 3/11/11 Signed : Michael Gallagher Director of Planning and Building Control OR Signed : Jennifer Chance Development Control Manager --- *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/1195-braddan-land-forming-part-new-build-dwelling/documents/1250838*