**Document:** Officer Planning Report **Application:** 07/00703/B — Residential estate layout for ten dwellings **Decision:** Refused **Decision Date:** 2007-06-18 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82940-michael-slieau-curn-park-residential-estate-ten-dwellings/documents/1496977 --- # Officer Planning Report **Application No.:** 07/00703/B **Applicant:** Margil Limited **Proposal:** Residential estate layout for ten dwellings **Site Address:** Land Adjacent To Number 72 Slieau Curn Park Kirk Michael Isle Of Man ### Considerations Case Officer: Mr Ian Brooks **Expected Decision Level:** Planning Committee ### Written Representations ### Consultations **Consultee :** Estates And Housing Directorate **Notes :** Comments received **Consultee :** Chief Fire Officer **Notes :** Note to be included **Consultee :** S.P.M.C. & E. **Notes :** Objection **Consultee :** Highways Division **Notes :** **Consultee :** Michael Commissioners **Notes :** Objection **Consultee :** Drainage Division **Notes :** No objection **Consultee :** Manx Electricity Authority **Notes :** Note to be included ### Officer's Report #### Site - The site is at the end of Slieau Curn Park and to the south west of No. 72 Slieau Curn Park. - It is part of an area of unused land which extends to the rear of dwellings facing Slieau Curn Park and is crossed by a wooden fence containing a gate. - The site falls within an area zoned as “Open Space” (agricultural land), on the Kirk Michael Local Plan 1994. #### Proposed Development - The application is seeking planning permission to develop part of the application site for 10 dwellings. - The house types are as follows: - 6 No. 3 bedroom two storey semi detached - 2 No. 3 bedroom two storey detached - 2 No. 4 bedroom two and a half storey detached - The dwellings will be timber frame with blockwork outer cladding - The external wall finish will be a smooth sand/cement render to match adjacent buildings. - The roof will have profiled interlocking cement roof tiles in colour and style to match adjacent buildings. - The applicant has indicated that the dwellings are intended primarily for first time buyers with young families ### Planning Status And Relevant Policies - Isle of Man Planning Scheme (Kirk Michael Local Plan) 1994 - Isle of Man Strategic Plan (Modified Draft) (April 2007) ### Planning History - PA 95/1552 – Change of use from agricultural use to garden area, land adjacent to Phase 3, Slieau Curn Park, Kirk Michael – refused at Appeal - PA 00/815 – Change of use of land to create garden ‘Sheeoiil’ Slieau Curn Park, Kirk Michael – Approved at appeal - PA 01/00474 – Change of use of land for residential use, Phase 3, Slieau Curn Park, Kirk Michael – refused at appeal on 11th March 2002 - PA 04/01933 – Residential estate layout for ten dwellings, roadway and associated service land adjacent to Number 72 Slieau Curn Park – the Planning Committee declined to consider the application as it was similar to a previous one submitted within five years. - PA 05/1201 – Approval in principle to erect three chalet-style bungalows and extension to existing roadway on land adjacent to 72 Slieau Curn Park – refused at appeal on 22nd May 2006. ### Representations - Michael Commissioners have objected to the application on the following grounds: - land is outside the zoned area for residential development as detailed in the Kirk Michael Local Plan 1994. - Inadequate highways provision – roadways remain un-adopted. - Other applications that have been made on this site have been refused therefore, a precedent has been set - Highways Division of the Department of Transport have not provided any comments to date. - Drainage Division of Department of Transport do not object to the application subject to conditions. - The occupiers of numbers 65, 66, 68, 69, 70 and 71 Slieau Curn Park have objected to the application. They have concerns regarding the land zoning, noise and air pollution, health and safety and raise the issue of the site history. - The Occupier of 67 Slieau Curn Park has objected on the grounds of loss of open space, traffic and noise. - The occupier of 72 Slieau Curn Park has objected to the development on the grounds that the land is not building land and is zoned as open space (agricultural) on the 1994 Kirk Michael Local Plan and that similar plans have been refused. - The occupier of Little Acres, Baltic Road has objected on the grounds that the development would be totally out with the zoned area and it is important not to allow that to happen, very similar proposals have been submitted and been rejected and there are no new circumstances to justify submitted such a proposal. - The occupier of 76 Slieau Curn Park has objected on the grounds that any development outside the designated development zone would be detrimental to the area, traffic and that there has been a previous refusal on the site. - The occupiers of 74 Slieau Curn Park have objected to the application on the grounds that the site is not wholly within the area zoned for development. - Mr Cannan MHK has advised that the residents are totally opposed to this development; a similar application to build on this land was rejected at Appeal held on 20th April 2006 and the result notified on 22 May 2006 and he queries whether a further application should be accepted for consideration at this stage, and that in respect of the current application, the reasons given by the Planning Inspector in refusing the previous application area are as relevant today as they were in April 2006. He strongly recommends that Planning Committee refuse this application. - SPMCE have objected to the development based on zoning and the possible affect on the proposed by-pass. - A resident of Port Soderick has commented that part of the site lies within the area zoned for development. However, on balance as the proposal appears to be to provide affordable homes using kits sourced from local supplier he has no objection to the principle. - The MEA has commented that the applicant should contact them to discuss the electricity supply. - IoM Fire and Rescue Service have commented that he applicant should consult with them regarding fire precautions, the provision of fire hydrants and access for fire appliances. ### Assessment - The existing Local Plan for Kirk Michael was approved in 1994 and the Map associated with this Plan allocated certain areas of the land for residential use, a number of which have already been developed or have approval for development. The appeal site does not fall within an area designated for development but rather is zoned as an area of 'Open Space' or agricultural land. - Section 5 (Residential) of the Local Plan in paragraphs 5.1-5.8 clearly identifies six areas which are considered suitable for residential development. - This particular site is not identified as one of the six areas in the Local Plan. - Policy 5.9, however, goes on to state that "no further areas should be allocated for residential development." - Policy 5.10 of the Kirk Michael Plan states that "future residential proposals should incorporate appropriate areas of open space as part of the overall landscape schemes." - Policy 12.5 of the Kirk Michael Plan states that future residential development will be required to be designed in such a manner as to incorporate open space and landscaping requirements. - In considering the proposal the application should take into account the principle of developing the site for residential properties but also the following points are considered to be a material consideration. Namely, a. the layout and appearance of the Slieau Curn Park estate, b. the previous planning history of the site, c. the access arrangements to the site, and d. the previous planning history of the site and the Inspectors comments. - The site as outlined represents an area of land to the southeast of Slieau Curn Park housing estate, which lies to the east of the Main Road, Kirk Michael. - The north western part of the site falls within the predominantly residential area. While the rest of the site falls within an area zoned as 'Open Space' (agricultural land), on the Kirk Michael Local Plan 1994. The dwellings to be constructed are all within the area zoned as 'Open Space' (agricultural land). - The application site was part of a larger area of land which was the subject of a planning application in 2001 for the change of use of land for residential use (01/00474). The inspector did not support the piecemeal allocation of the land without a proper and comprehensive review of all circumstances for housing in Kirk Michael. - The inspector considered the proposal would be premature in advance of a decision upon the route of the by-pass and whether there should be additional allocations in advance of a review of the local plan. This application was subsequently refused at appeal on 11th March 2002. - In 2004, an application seeking permission for a residential layout for ten dwellings, roadway and associated services was submitted. The Planning Committee declined to consider this application on the basis that the planning application and a previous one refused within five years were substantially the same as they both sought residential development. - In 2005, an application (05/01201) was submitted for approval in principle to erect three chalet style bungalows and extension of the existing roadway into part of the site. The application was refused at appeal on 22nd May 2006. - The Independent inspector stated that "...the Local Plan zones the front part of the site for 'Predominantly Residential' development. However, in my opinion not all the appeal site is within the area zoned for development. The remainder is zoned for 'Open Space (Agriculture)'. Although the Department of Transport is currently not pursuing a by-pass, it reserves the right to revisit this decision. I believe that substantial weight must be given to maintain the zoning of the Local Plan unless there are overwhelming reasons for it to be changed, for the community's benefit. I do not believe that, from the evidence presented, there is sufficient strong case for the zoning to be amended in this area before a comprehensive study of the planning requirement of Kirk Michael is undertaken. - It is now a year since that appeal decision and the circumstances have not changed. The proposed development would be contrary to Policy 5.9 of the Local Plan which states that no further areas should be allocated for residential development. Furthermore, Policy 12.4 states "with the exception of areas already proposed for development use, no areas of open space should be released for development". I therefore consider any development on this site would be premature in advance of a review of the Local Plan. - The applicant has not provided any justification for the setting aside of these policies and therefore, I recommend that the application should be refused on the above grounds. - It should be noted that Policy 5.10 in the Local Plan requires the incorporation of appropriate area of open space as part of the overall landscape schemes in residential development. This policy is re-enforced in Recreation Policy 3 of the emerging Isle of Man Strategic Plan which states that "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 of the Plan" - In assessing the open space provision, the provision depends on the number of bedrooms within the dwelling. The overall open space provision for this development is as follows: 8no. 3 bedroom dwellings x 96 sq m = 768 sq m of open space 2no. 4 bedroom dwellings x 96 sq m = 192 sq m of open space Total open space provision = 768 sq m + 192 sq m = 960 sq m of open space for this phase of the development. - The plans show two areas of land which could be regarded as open space. However the area of these open spaces only equate to 169.625 sq m. The development therefore has a shortfall of 790.375 sq m in open space provision. There are no other plans to provide the shortfall in the provision. I therefore consider the open space provision within the development is inadequate and I therefore recommend that the application be refused due to the lack of open space provision. - It should be noted that the applicant has provided an indicative layout for the rest of the application site which shows provision of a children's play area. However this does not form part of the application, as the application is seeking permission for 10 dwelling only. The additional dwellings proposed would have to provide additional open space within the development. - In respect of the general layout of the development, most of the development has the appropriate separation distances between the proposed dwelling houses. However, there is a two and a half storey property which backs on to a two storey dwelling house and the separation distance between the two properties is 7.5 metres. Generally a 20m separation distance is required to ensure properties do not overlook and overshadow each other. The proposed separation distance is clearly unacceptable and would not provide a satisfactory residential environment for the future occupiers of those properties. - In respect of the visual amenities of the street scene of Slieau Curn Park, the existing dwellings are generally bungalows toward the top of the estate road to the application site. This application is proposing to erect 3no. two storey dwellings on to the frontage of Slieau Curn Park. The proposed development would appear out of character with the established character of the locality. I therefore consider the proposal would be inappropriate due to the context of the existing estate. - In respect of the affordable housing policy, at least 25% of the units would need to be allocated as affordable housing which equates to 2.5 dwellings. When rounded up this would equate to 3 dwellings. However, the applicant has indicated in the application that all of the properties would be for first time buyers. - The plans do not show any detail as to where vehicles will be parked within the curtilage of each of the dwellings or where the vehicular access will be located. I am therefore unable to determine whether the development can provide a satisfactory level of off street parking provision. - The plans also do not show any level of detail for the proposed soft and hard landscaping around the development. However, a condition requiring this detail to be submitted for approval would ensure a high quality development is achieved. RECOMMENDATION I therefore recommend that the application be refused for the above reasons. However, if the Planning Committee is minded to grant planning permission I would suggest the following conditions are attached: 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This permission relates to the residential layout for 10 dwellings as shown in drawing numbers 04-048-02, 04-048-05, 04-S048-01, 04-048-07 and 04-048-08 date stamped 11th April 2007. Permission is not granted for the estate layout and the house types shown in drawing numbers 04-048-03, 04-048-100, 04-048-200 and 04-048-300 date stamped 11th April 2007. 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 those works shall be carried out as approved. Details of hard landscaping works shall include boundary treatment, footpaths, driveways and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the residential units hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree 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. 4. There must be no discharge of surface water to the main foul sewer. 5. The proposed development must be connected to the main foul sewer. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst the MEA and the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to non-planning matters and as such should not be afforded party status in this instance. It is considered that the following parties who made representations to the planning application do not comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status. These parties are the occupiers of Little Acres, Baltic Road, Mr Cannan MHK, SPMCE and a resident of Port Soderick. It is considered that the following parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status: The occupiers of 65, 66, 67, 68, 69, 70, 71, 74 and 76 Slieau Curn Park, Kirk Michael and are afforded Interested Party Status. 972 included at PC Meeting 15.6.07. ### Recommendation Recommended Decision: Refused Date of Recommendation: 06.06.2007 C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The majority of the site does not fall within an area zoned on the Kirk Michael Local Plan 1994 as predominantly residential but rather is located within an area of Open Space (Agriculture) not designated for development. The proposal to develop this land for residential purposes would therefore be contrary to Policy 5.9 of the Local Plan which states that other than those areas specifically identified, "no further areas should be allocated for residential development" and Policy 12.4 which states "no areas of open space should be released for development". There is no justification to now warrant the setting aside of these policies. R 2. The proposed layout would be contrary to Policy 5.10 of the Kirk Michael Local Plan and Recreation Policy 3 of the emerging Isle of Man Strategic Plan (April 2007) in that the development does not provide adequate open space provision within the proposed layout. R 3. The proposed layout does not provide sufficient separation distance between a two and a half storey dwellinghouse and a two storey dwellinghouse. This will result in overlooking, loss of privacy and overshadowing to the detriment of the future occupiers of the two storey dwellinghouse. R 4. Insufficient detail has been submitted to demonstrate how private motor vehicles will access/egress from each of the plots. Furthermore, insufficient detail has been provided to show where the parking spaces will be accommodated within each of the plots. The Planning Authority is unable to assess whether the parking provision is adequate for the development. Decision Made : _________________ Committee Meeting Date : _________________ --- *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/82940-michael-slieau-curn-park-residential-estate-ten-dwellings/documents/1496977*