**Document:** Planning Officer Report **Application:** 09/00504/B — Residential layout for four building plots **Decision:** Permitted **Decision Date:** 2010-05-12 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62577-lezayre-ginger-hall-hotel-ballamanagh-road-residential-layout-four/documents/1373011 --- # Planning Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] 15.05.09 - Refuse 14.10.09 - Defer 09.11.09 - refused unanimous. Consultee : Drainage Division Notes: defer - see file. 30.09.09 - no objection subject to the following conditions:- Consultee : Manx Electricity Authority Notes: See Note 1 ## Officer's Report ### Site The site represents the curtilage of the land adjacent to the Ginger Hall Hotel, Ballamanagh Road, Sulby. The site to the southeast and northwest is directly adjacent to residential developments of Ballamanagh Close \& Carrick Park, and is south of the Sulby Bridge. ### Land Use Zoning / Planning Policy The dwelling has been zoned under the Sulby Local Plan Order 1998 as being within a 'Predominately Residential Use \& Woodland', the site is not within a Conservation Area, nor within an area zoned as High Landscape Value or Coastal Value and Scenic Significance. - Sulby Local Plan Order 1998 - Isle of Man Strategic Plan 2007 Due to the site's location, zoning and the type of development proposed, the following Planning Policies from the Isle of Man Strategic Plan and Sulby Local Plan are relevant when determining the application: ### 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." Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." ### 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 1: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." Sulby Local Plan (NO.2) Order 1998 - Development Brief "3.15. It is recommended that the development of this area shall be undertaken in accordance with the following brief. 1. The residential development of this area shall be limited to two single storey dwellings with plot boundaries designed to allow the maximisation of car parking space for use by the hotel. 2. Any future development proposals shall ensure the retention of the existing trees along the boundary with the Claddagh Road. (B8). 3. Vehicular access for any residential development shall be from the B8. 4. Any development proposals whether for detached houses or hotel car park, shall include a landscaping buffer along the boundaries of the property. 5. The dwellings must be connected to the main foul sewer and no tree planting should be introduced over any part of the foul sewer which crosses the site." ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application:- Erection of two detached bungalows - 99/02118/B - APPROVED (extended till 18/7/06) Approval in principle for layout of two building plots, roads, and sewers - 95/01092/A - APPROVED Approval in principle to layout of roads, sewers and 5 plots - 91/00838/A - REFUSED Approval in principle for plot layout for residential development - 90/01993/A - REFUSED Approval in principle to erect dwelling plus single storey annexe - 89/00755/A - APPROVED Approval in principle to erect 4 detached dwellings with integral garages - 88/01528/A - REFUSED ### Proposal The application seeks approval in principle for residential layout for four building plots. ### Representations Lezayre Parish Commissioners have objected to the application for the grounds:- "The Commissioners discussed at length the new plans showing drainage etc, but still have doubts about it. They have suggested further consultation with the DOT. The original plan for this site PA99/2118 was approved in August 2000, as was for 2 detached bungalows, which is as per the Sulby Local Plan April 1999. The current plan is for 4 dwellings, and these plans do not show any dimensions for the proposed dwellings, making it more like an "approval in principle". The Commissioners therefore request plans showing details information." Highways Division have objected to the application for the following reasons:- "Drawing provided does not demonstrate: 1. The off street parking spaces to be provided for each plot in accordance with the IOM Strategic Plan. 2. Access drive arrangements which will permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear are not demonstrated. 3. Visibility splays of are not shown at the point of access. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05 m above the land of the adjacent carriageway." The Drainage Division have no objection subject to conditions. The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice. The owner/occupier of Esfahan, Ballamanagh Close, Sulby, has made the following comments which can be summarised as, "developers initially erected a timber fence and has concerns who will maintain it; concerns of dwelling within a flood plain; no real objection to 2 or 4 dwellings; would object to other than single storey dwelling to protect his privacy; and also object to any dwelling placed near to boundary which have a potential impact upon residential amenities." The owner/occupier of Glion, Ballamanagh Close, Sulby, has objected to the application which can be summarised as, "contrary to the development brief which states only two dwelling should be erected on the site; and future development should retain the existing trees along the boundary with the Claddagh Road." The MHK for Sulby Mr W E Teare has concerns with the application which can be summarised as, "concerns of the provisions of the storm water drainage, which has resulted in Carrick Park being flooded; improvements have been made in the surrounding areas drainage but four additional houses will reduce the ability of the area to absorb the rain water leading to more flooding; feel application is premature until the whole area has been investigated by the DoT; no detail of type of dwellings; and no more than two buildings should be allowed." The owner/occupier of The Shop, Sulby Bridge, Sulby, has objected to the application which can be summarised as, "a number of previous applications have been refused; main concern is the storm water being discharged from these dwellings; the land has a high water table all year round the use of soakaways would drain into the ditch that runs adjacent to Carrick Park and under my property in an area prone to flooding." The owner/occupier of 41 Carrick Park, Sulby, has objected to the application which can be summarised as, "a number of previous applications have been refused for more than two dwellings; no objection to two dwellings as long as no soakaways are used; this issue was brought upon previously and it was agreed to link the properties into drainage pipes that would connect with the storm water drainage on the main Lezayre road, which the DoT had made provision for but the developer didn't commence with the development." ## Assessment / Recommendation The following Material Planning Issues should be considered: 1. Principle of Residential Development; 2. Number of Dwellings; 3. Highway Issues; 4. Drainage Issues; 5. Amenity Standards for Future Occupiers; and 6. Design; ## Principle of Residential Development As indicated within the 'Land Use Zoning' section of this report, the site is zoned for residential development; therefore it is considered the principle of residential development is acceptable. Number of Dwellings within the Application Site Dealing in the principle of whether the site can accommodated a dwelling on each of the proposed four plots, providing acceptable parking and amenity standards, it is considered in principle it would be possible and would likely result in dwellings similar in size to some of the dwellings within Carrick Park, directly north of the application site. However, as indicated within the Development Brief in the Sulby Local Plan, Development Area 5 should be limited to a maximum of two detached houses. The proposal would contravene this brief as the development proposes a total of four dwellings within the site. The Sulby Local Plan come into effect on 1st April 1999, and since then the Isle of Man Strategic Plan came into effect on 20th June 2007. The Strategic Plan has a number of policies which may support the scheme, particularly Strategic Policies , as the site would seem to make the best use of the unused land, ensuring efficient use of the site and being located so as to utilise the existing infrastructure, facilities and services. However, 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..." Recently an application near to this site within Sulby at the land to rear and west of Kella Close (08 / 00294 / B) was approved by the Minister at Appeal. The application was for the erection of seven dwellings. The Sulby Development Brief stated that a maximum of three dwellings should be built. The Appeals Inspector judged that application and considered that the Sulby Local Plan conflicted with the policies within the Isle of Man Strategic Plan. He took into account that paragraph 1.4.4 of the Isle of Man Strategic Plan which states:- "In the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail." The Inspector concluded that:- "Housing Policy 6 calls for local plan development briefs to be followed. However this policy also states that briefs should not be needlessly prescriptive. In this case, to prescribe 3 dwellings on this site could be constructed as needlessly prescriptive. This is because there is no explanation as to why only 3 dwellings should be proposed on this site. It is also clear that 7 dwellings could be accommodated satisfactorily on the site. Furthermore 7 new dwellings on the same site would not make the best use and most efficient use of this valuable site in Sulby - in fact, it is the last remaining housing site in Sulby. In addition a 3 dwelling scheme would not relate well to the character and appearance of this part of Sulby, in particular the single storey dwellings in Kella Close." Whilst different sites, the issue of the Sulby Plan limiting the number of dwellings, against the Isle of Man Strategic Plan requiring best use of land, remains the same. Overall it is considered, given there is inconsistency between the provisions of the Strategic Plan and the provisions of the Sulby Local Plan, the Strategic Plan is the more recent and relevant document when judging this application. No reasons were given in the Sulby Plan as to why only 2 properties were considered appropriate. The site can accommodate four dwellings within the site, of similar size to the properties within Carrick Park. It is considered four dwellings would provide a better use of the site for one of the last residential areas zoned for development in Sulby. Highway Issues The Highway Division have objected on three points. As the application is an Approval in Principle two points at this stage are not considered to be crucial (parking provision for each dwelling and driveway arrangements) as they would be considered at a possible future Reserved Matters application. The main highway issue relates to the required visibility splays which are required to be in both directions. The previous approved application which has been commenced, also discussed this matter at length. The application was subsequently approved which required visibility splays of . This access has been started, although the tarmac has not been laid. The stretch of the Claddagh Road which the access existing/enters onto, is within a 20 mph zone and is also just before the junction to the Lezayre Road (A3). To provide the required splays of would result in a number of trees along the southern boundary of the site needing to be removed. The trees along this boundary are also zoned as being within an area of woodland under the Sulby Local Plan. The Development Brief also requires the trees to be retained. Therefore, the issue is whether the previous approved access is acceptable for an additional two dwellings, given the existing entrance cannot be altered to provide the required splays. From visiting the site there does seen to be some scope to improve the entrances by condition, as the existing overgrown bushes on the boundary could be reduced and maintained to a height no higher than 1.05 metres. This would improve visibility and retain the existing mature trees. Overall, it is considered given the proposal would only increase the number of dwellings by two and therefore little additional traffic generated, the access exists onto a highway with a 20 mph speed limit, and traffic coming from either direction would likely be travelling at this speed due to the nearby junction, it is considered the access arrangements are acceptable and would not have a adverse impact upon highway safety. Drainage Issues One main concern from nearby resident and the Lezayre Commissioners relate to concern of the soakaways which could lead to future flooding of the surrounding area. The Planning Authority has been in discussion with the Department of Transport Drainage Division regarding this issue. Initially the Drainage Division had concerns with the proposal; consequently the applicant has been in detailed discussion with the Division. The applicant has employed Structural Engineering Services Ltd to carry out drainage calculations for the proposal. The surface water is indicated as being collected in a piped system and then discharged into the existing drainage ditch located along the North West site boundary. The report also indicates that the existing drainage ditch to the north is to be cleaned out and its profile regularised. The discharge will be via a vortex device and retention pipes. Vortex flow control devices use an air-filled core to limit the volume of water flow to a designed constant rate while the head builds up. They are constructed with stainless steel with no moving parts and operate by directing the flow to rotate inside a cylindrical vessel towards a central outlet. This generates a vortex with an air filled core which allows the openings to be larger than the equivalent conventional orifice, reducing the likelihood of blockages. As the cross-sectional area of the outlet of the Hydro-Brake Flow Control can be up to six times that of the equivalent orifice plate, maintenance is far easier and there is much less risk of blockage. The report has also indicated that during the detailed design stage exploratory methods, of reducing the volume of attenuation by utilising soakaways, swales, permeable paving and the collection and recycling roof drainage, have been examined The report and calculations have been submitted to the Drainage Division who has considered the scheme and subsequently have no objection to the proposal. Overall, it is considered given the Drainage Division comments, especially as they are very aware of the previous flooding/drainage issues in the surrounding area; the proposal would provide adequate drainage provisions. Full detailed plans would be dealt with by any future Building Control Application. ## Design As the application is only for plots, there are no detailed plans on the size or design of the dwellings. Therefore at this stage it is not possible to fully assess how the dwellings would fit within the streetscape. This would be determined when the full application for the dwellings are submitted. Potential Impacts upon Neighbouring Residential Amenity Given the site and position of the plots it is considered possible to design dwellings that would not result in an adverse impact on residential amenity. A full assessment would be carried out when the application for the houses are received. Again until a Reserved Matters application is submitted the potential impact upon the neighbouring properties cannot be assessed at this stage. ### Recommendation The proposed development from the information provided as part of this application, would comply with the majority of the relevant planning policies indicated within the Sulby Local Plan Order 1998 and the Isle of Man Strategic Plan 2007, with the exception of paragraph 1 of the Development Brief which states; "The residential development of this area shall be limited to a maximum of two detached dwellings". However, it is considered that the proposal would comply with the remaining planning policies, particularly, Strategic Policy of the Isle of Man Strategic Plan, which due to the inconsistency between the provisions of the Strategic Plan and the provisions of the Sulby Local Plan are the prevailing policies to consider. It is therefore considered that whilst the proposal is contrary to part of the relevant Development Brief, the development would optimise the use of the land, comply with the aforementioned policies and comply with the majority of the Development Brief. Accordingly, the proposal would be appropriate in these locations and therefore the application is recommended for an approval. ### 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 Department of Transport Highways Division Department of Transport Drainage Division The owner/occupier of 41 Carrick Park, Sulby The owner/occupier of The Shop, Sulby Bridge, Sulby The owner/occupier of Glion, Ballamanagh Close, Sulby The owner/occupier of Esfahan, Ballamanagh Close It is not considered that the following meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The MHK for Sulby Mr W E Teare The Manx Electricity Authority ## Recommendation Recommended Decision: Permitted Date of Recommendation: 26.01.2010 ### 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 permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the residential layout for four building plots as proposed in the submitted documents and drawings 09 0512/1, 09 0512/2. 100 REV 0, 09 0513/1 REV B and 09 0513/3 received on 20th March 2009, 2nd July 2009 and 29th September 2009. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Committee Meeting Date : Signed : 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/62577-lezayre-ginger-hall-hotel-ballamanagh-road-residential-layout-four/documents/1373011*