**Document:** Officer Planning Report **Application:** 07/02288/B — Erection of two dwellings **Decision:** Permitted **Decision Date:** 2008-02-19 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84488-malew-gardenfield-irwell-dwelling/documents/1519276 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ## Officer's Report ### The Site The site represents a parcel of land between "Gardenfield" and Malew Road, Castletown. The site extends almost to the steam railway line and is accessed via a lane from Malew Road. Gardenfield is a detached property sitting in substantial gardens: to the west are greenhouses and to the north is the rear of properties fronting onto Malew Road. ### Planning Status On the Castletown Local Plan of 1991 the site is designated as Open Space/Agricultural with the residential properties to the east and west picked out as Residential. During the preparation of an Area Plan for Castletown, this site was proposed and accepted for residential development and in the draft Area Plan of 2001, which proceeded no further than a draft and was not the subject of a public inquiry, the site is designated as Residential and within the Written Statement there is a reference to the site and a development brief which states the following: #### "Gardenfield (Area L)" The dwelling known as "Gardenfield" is located on the northern side of the By-Pass Road, with two small fields situated between the dwelling and the houses which front onto the western side of Malew Road. The revised Public Safety Zone for the airport crosses the southern part of the western field (nearest Gardenfield) and almost the entire eastern field (nearest to Malew Road). The site is very well screened from the By-Pass Road, and although the access lane onto Malew Road is poor it may be capable of improvement so as to accommodate any traffic generated by limited residential development. As such it is considered that the western field may be capable of accommodating two detached dwellings, each one single storey and set in generous gardens to reflect the character of Gardenfield. #### "Policy: C/Res/P/18 - Development Of The Area Which Forms Part Of The "Gardenfield" Site And Which Is Designated For Residential Use (Area L) Must Be Undertaken In Accordance With The Following Brief; i. a maximum of two single storey dwellings may be accommodated on the site, both of which must be located entirely outside the defined Airport Public Safety Zone (PSZ). The part of the site which lies within the PSZ may be used as garden space in associated with the two new units. ii. Any proposed development of the site must include improvements to the access lane from Malew Road to the satisfaction of the Department of Transport Highways and Traffic Division". #### Environment Policy 42 of the Strategic Plan States the following "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality..." The Strategic Plan also states at General Policy 2 that "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". ### Planning History Planning permission has been sought three times for the development of this site, following the publication of the draft Area Plan. PA 02/2133 proposed the principle of the erection of two dwellings on this site. This was refused at appeal where the Inspector made the following observations: "Given the stage of the Draft Local Plan, I have concluded that significant weight should be given to the proposal to designate the land for two dwellings..." but recommended that the application be refused for reasons relating to inadequate access to the site. Another attempt was made to obtain permission for the principle of development of the site for two residential building plots under PA 04/0349 where access was to be onto the By-Pass Road via an existing field gate and across the railway line. This was refused again for reasons relating to access and the Inspector makes the following comments on the Local/Area Plan situation: "The appeal site lies within land presently designated agricultural open space on the currently adopted Castletown Local Plan (Circular 5/91). However, some 13 years has elapsed since this plan was adopted and therefore its importance has diminished with the passage of time and changing circumstance. The emerging plan for Castletown states that two single storey dwellings may be accommodated on the site outside the public safety zone but this is predicated on improvement of the access lane onto Malew Road. The emerging plan is still at a comparatively early stage in the review process and is still available for challenge in whole or in part at an Inquiry. On the other hand the Planning Committee decision not to grant approval in principle is grounded solely on the issue of the access and not the principle of the zoning or prematurity. It may be inferred, therefore that had the proposed development included a satisfactory access, it is likely that approval in principle would have been granted, albeit it subject maybe to conditions aimed at protection of the public safety zone. Whilst Castletown Heritage submits that the proposed development is premature, the Society is not opposed to development of the lands in principle and its concerns relating to visual impact and airport safety are issues that would be addressed through the use of appropriate conditions and approval of the reserved matters. There is no argument here as there was at Cooil Road, Braddan (PA 02/0810) or Clay Head Road, Baldrine (PA 03/0640) that planning permission could prejudice the consideration of a significant issue at an Inquiry". Since both of these decisions, planning permission has been granted for the principle of two single storey dwellings and widening of the access to the site under PA 06/1597. This permission required that the application for reserved matters must demonstrate parking for at least 2 vehicles per dwelling with turning facilities, visibility splays of 2m by 70m onto Malew Road, the lane between the site and Malew Road is widened and that no development should take place within the public safety zone. The applicant was advised to consult the Airport with respect to the Public Safety Zone. Planning permission was sought recently for the erection of three dwellings (PA 07/1251). This was recommended for refusal but was withdrawn prior to any decision being taken. The suggested reasons for refusal related to the principle of three rather than two dwellings on the site, the fact that all three dwellings were identical and clearly not designed for the plot and would have been unneighbourly to each other. ### The Proposal Now proposed are two dwellings on the plot. These are both the same, which is disappointing and suggests again that they have not been designed for the plot. They are much less unneighbourly in respect of their impact on each other than the previous scheme in that there are only ground floor windows in the south eastern dwelling looking towards the other plot. However the north-western property has both dormer windows and a first floor window looking directly towards the other property although they service a landing and two bathrooms, the latter of which should be fitted with obscured glazing and the landing is unlikely to give rise to protracted periods of overlooking. The roofs are to be finished in Sandtoft slate grey Cassius tiles. ### Representations The Fire Prevention Officer requests the installation of smoke detection. Department of Transport Highways and Traffic Division do not oppose the application. Manx Electricity Authority recommends a note regarding the position of existing electricity supplies on the site. Department of Transport Drainage Division recommend conditions regarding the disposal of surface and foul water from the site. A resident of Port Soderick raises no objection to the application. The occupant of Norville, Malew Road raises no objection to the erection of two bungalows on the site provided that the lane will be surfaced at no expense to him but expresses concern that this may represent a precedent for further development in the vicinity. He also points out that there is a "dorma" [sic] window facing towards his property which he considers could result in an invasion of his privacy. The occupant of Irwell, Malew Road raises no objection to the proposal provided that the walls of Irwell will be made good after the alterations to the access have been undertaken and that the lane will be properly re-surfaced and that there will be no problems with its drainage thereafter. ### Assessment There is more space around the dwellings than was the case in the previous application and they comply with the design brief in the draft Area Plan as is required by Strategic Plan Strategic Policy 2 and are otherwise acceptable in their environment as required by that policy which states: 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 space 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 adverse 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." Whilst the properties contain accommodation in the roofspace, they are still single storey and the dwellings fronting onto Malew Road are two storey. As such the proposed dwellings will not stand out in the streetscene. Provided that the improvements to the access onto Malew Road, permitted under PA 06/1597 are undertaken prior to the commencement of the development proposed here, the proposed development is considered acceptable. The concerns expressed by local residents in respect of the works to the lane may be addressed by condition. Whilst there are dormers and a first floor level window to be included on the elevations which face south east, these serve a landing and bathrooms and are in any case in excess of 45m from the rear of Irwell and not looking directly at the properties to the east. In order that the properties are not extended nor structures erected within the Airport Safety Zone, the provisions of the Permitted Development Order should be suspended. ### 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. The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such should not be afforded party status in this instance. The Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter. The Fire Prevention Officer should not be afforded party status in this instance. 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. The resident of Port Soderick is not directly affected by the proposal and as such should not be afforded party status in this instance. ### The In summary therefore, it is considered that the following parties accord with the provisions of Planning Circular 1/06 and should be afforded Interested Party Status: - Castletown Commissioners - Department of Transport Highways Division - Department of Transport Drainage Division - The occupants of Irwell and Norville, Malew Road, Castletown Accordingly, the following parties should not be granted Interested Party Status: - Manx Electricity Authority - Isle of Man Fire and Rescue Service - Mr Jessop, Seacliffe, Old Castletown Road, Port Soderick. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 21.01.2008 ### 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 permission relates to the erection of two dwellings as shown in drawings 07/07/03 and -04 both received on 12th December, 2007. C 3. No development may commence on site until such times as the improvements to the lane giving access from the site to Malew Road, shown in the approved site plan, have been completed including the making good or erection and completion of any garden walling around Irwell. C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.) N 1. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6. N 2. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection. 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/84488-malew-gardenfield-irwell-dwelling/documents/1519276*