**Document:** Planning Officer Report and Recommendation **Application:** 08/00945/A — Approval in principle for the erection of three dwellings **Decision:** Refused **Decision Date:** 2008-09-02 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85582-michael-cooil-avenue-dwelling-outline/documents/1568153 --- # Planning Officer Report and Recommendation **Application No.:** ** 08/00945/A ** **Applicant:** ** Mr R C Astick ** **Proposal:** ** Approval in principle for the erection of three dwellings ** **Site Address:** ** - Land To Rear Of Cooil Avenue And Adjacent To Beachfield Farm Lane - Kirk Michael - Isle Of Man --- ### Considerations **Case Officer:** Mr Steve Stanley ** **Photo Taken:** ** ______________________ ** **Site Visit:** ** ______________________ ** **Expected Decision Level:** ** Delegation --- ### Written Representations - **Poleacre Station Road Kirk Michael Isle Of Man** - Objects to the proposal - Increase in traffic - **Melmegsuelyn Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - **Thie My Chree Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - **Cushag Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - **Cead-Mile-Failte Ballyre Road Kirk Michael Isle Of Man** - Objects to the proposal - **Geay Varrey Beachfield Farm Lane Kirk Michael Isle Of Man** - Objects to the proposal - **Lyndale 1 Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - Infrastructure, sewers etc - Access to site - **Roma Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - Infrastructure, sewers etc - Access to site - Insufficient parking - **Range View Cooil Avenue Kirk Michael Isle Of Man** - Objects to the proposal - Access to site - Infrastructure, sewers etc - Loss of privacy ### Consultations [Table omitted in markdown export] **Consultee:** Highways Division **Notes:** Do not oppose **Consultee:** Michael Commissioners **Notes:** No objection **Consultee:** IOM Water Authority **Notes:** For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58. **Consultee:** Drainage Services Manager **Notes:** No objection ### Officer's Report #### The Site The application site represents a parcel of land located to the north west of Cooil Avenue Kirk Michael and to the north east of Beachfield Farm Lane, off Station Road. The site is roughly square in shape and includes an access from Cooil Drive approximately 90 m along from the junction with Beachfield Farm Lane. Approximately a third of the site is located within the Department of Transport Kirk Michael Coastline Management Zone. Cooil Drive is a private road which is unadopted by the Department of Transport Highways Division. The road is unmade and relatively narrow with 12 existing properties served by the road all of which are situated on the western side. #### Planning Status The application site is located within an area identified as being Predominantly Residential use by the Kirk Michael Local Plan. Within the Local Plan, the following is considered to be relevant: **Policy 5.11, which states:** "Any future development proposals must take heed of the continuing erosion of the coastline in this area." Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered relevant in the assessment and determination of this application: General Policy 2, which 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; - (I) 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." Environmental Policy 9, which states: "A precautionary approach will be adopted for development relating to land affected, or likely to be affected, by erosion or land instability. In the case of receding cliffs, development will not be permitted in areas where erosion is likely to occur during the lifetime of the building." Environmental Policy 11, which states: "Coastal development will only be permitted where it would not: i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; ii) prejudice the capacity of the coast to form a natural sea defence; and iii) increase the need for additional coast protection works except where necessary to protect existing investment or development." Transport Policy 4, which states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." ## Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: 89/00885/A sought approval in principle for the erection of 2 dwellings, plots at Ballashea, Cooil Avenue, Kirk Michael. This was refused at appeal. 90/00576/A sought approval in principle for the erection of a dwelling, site at Ballashea, off Cooil Road, Kirk Michael. This was refused. 95/00438/A sought approval in principle for a residential development on Fields 4089, 4293 and 4594, between Cooil Avenue and Beachfield Road, Kirk Michael. This was refused. 02/00042/B sought approval for the erection of two dwellings. This was refused at appeal. 05/00014/A sought approval in principle for a residential development of sixteen plots, with road and sewers and access via Cooil Avenue. This was refused and the subsequent appeal request was withdrawn. ## Representations The owner/occupier of the property Poleacre, Station Road, Kirk Michael objects to this planning application. Their objection may be summarised as concerns that the proposed development would cause wear to the existing private road. The Isle of Man Water Authority has commented on this application in relation to Building Control issues. The owners/occupiers of Lyndale, 1 Cooil Avenue, Kirk Michael object to this application. Their objection may be summarised as concerns that the sewer system in the locality is inadequate, highway safety, upkeep of the private road and impact upon coastal erosion. The owners/occupiers of Range View, Cooil Avenue, Kirk Michael object to this application. Their concerns may be summarised as concerns relating to access, sewerage and loss of privacy. The owner/occupier of Roma, Cooil Avenue, Kirk Michael objects to this application. Their objection may be summarised as concerns relating to access, highway safety, coastal erosion and drainage. The owner/occupier of Cead-Mile-Failte, Ballayre Road, Kirk Michael objects to this application. Their objection may be summarised as concerns relating to drainage and increase use of the private road. The owners/occupiers of Melmegsuelyn, Cooil Avenue, Kirk Michael object to this application. Their objection may be summarised as concerns relating to highway safety and drainage. The owners/occupiers of 10 Cooil Avenue, Kirk Michael object to this application. Their objection may be summarised as concerns relating to the condition of the private lane, highway safety and drainage. The owner/occupier of Geay Varrey, Beachfield Farm Lane, Kirk Michael objects to this proposal. Their objection may be summarised as concerns relating to access, drainage and coastal erosion. The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan has commented on this application, stating that the land is zoned for residential use and that the prospective owners would have to consider the impact of coastal erosion. The owner/occupier of Cushag, Cooil Avenue, Kirk Michael has objected to this application. their objection may be summarised as concerns relating to traffic generation, drainage and concerns that this development would lead to further residential development on the site. The Department of Transport Drainage Division does not object to this application subject to conditions. Michael Commissioners do not object to this application in principle provided that the dwellings are single storey and use soakaways in light of the area's coastal erosion. The Department of Transport Highways Division do not object to this development subject to visibility splays on to Cooil Avenue having a sight splay of . The owner/occupier of Thie My Chree, Cooil Avenue, Kirk Michael objects to this application. Their objection may be summarised as concerns relating to loss of privacy and road safety. The owner/occupier of 2 Cooil Avenue, Kirk Michael objects to this application. Their objection may be summarised as concerns relating to drainage, coastal erosion and maintenance of the road. The owners/occupiers of Friendly Acre, Cooil Avenue, Kirk Michael objects to this application. Their objection may be summarised as concerns relating to access, the condition of the private road, potential damage to the road, drainage and coastal erosion. ## The Proposal This application seeks approval in principle for the erection of three dwellings on land to the rear of Cooil Avenue and adjacent to Beachfield Farm Lane. The submitted Site Plan shows three dwellings sited towards the boundary with the properties of Cooil Avenue accessed via a shared driveway from Cooil Avenue located between the properties "Cooil Shellagh" and "Melmegsuelyn". The footprint outlines of the proposed dwellings are indicated as being "notional only" and would be the subject of subsequent detailed planning applications. ### Assessment The main issues to be considered in the assessment of this application are the impact upon the residential amenity of adjacent properties, issues of coastal erosion, access and highway safety. In terms of the residential amenity of adjacent properties, it is not considered that the development of three single storey dwellings on the proposal site would cause undue adverse impacts through loss of privacy or by having an overbearing impact. The proposed footprints are indicative however the distances shown from adjacent properties are considered to be sufficient to protect residential amenity. Of greater concern is the potential disturbance that the proposed access from Cooil Avenue could have upon the properties either side, namely "Cooil Shellagh" and "Melmegsuelyn". There would be a separation distance between the property "Melmegsuelyn" and the access of approximately 3 m . Whist the access is existing and serves the agricultural use of the site, the introduction of three properties with associated traffic would cause an unacceptable impact upon the residential amenity of both adjacent properties. The access itself would be narrow, having a width of approximately 4 m . This would not allow 2 vehicles to pass easily and there is no provision for passing places within the application. Notwithstanding this, Cooil Avenue itself is substandard, being unadopted and having an unmade surface which is maintained intermittently by residents. The road does not conform to the Department of Transport Highways Division standards and there is no proposal to improve the road so as to allow adoption by the Highways Authority. As such it is considered that further intensifying the use of the road would result in an unacceptable increased burden upon the existing substandard infrastructure. The Department of Transport Highways Division does not object to the proposal subject to the imposition of sight lines from the access onto Cooil Avenue. However whilst such visibility splays may be achievable, this would be reliant on the gardens of each adjacent property being maintained so as not to block visibility. This is not within the control of the applicant and as such would be unenforceable. With respect to the matter of the management of the coastline, the 2005 Coastal Management Act makes provision for the protection of the coastline and also for provision of specific areas of coastline which are particularly vulnerable. In this case, the site lies just outside the area which is noted as being affected by erosion of the coast within 50 years if it were 3 times the recommended rate. There is no objection to the proposal from the Department of Transport on the basis of impact on erosion or management of the coastline. In conclusion, it is recommended that this application be refused as the potential traffic generation from three additional dwellings would be too great on the substandard private access and would have an unacceptable adverse effect on the safety of users of the access. The use of the proposed access from Cooil Avenue would also have a detrimental impact upon the residential amenity of the adjacent properties "Cooil Shellagh" and "Melmegsuelyn". ## Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: The Department of Transport Drainage Division The Department of Transport Highways Division Michael Commissioners The owners/occupiers of Lyndale, 1 Cooil Avenue, Kirk Michael. The owners/occupiers of Range View, Cooil Avenue, Kirk Michael. The owner/occupier of Roma, Cooil Avenue, Kirk Michael The owner/occupier of Cushag, Cooil Avenue, Kirk Michael. The owner/occupier of Thie My Chree, Cooil Avenue, Kirk Michael. The owner/occupier of 2 Cooil Avenue, Kirk Michael. The owners/occupiers of Friendly Acre, Cooil Avenue, Kirk Michael. The owners/occupiers of Melmegsuelyn, Cooil Avenue, Kirk Michael. The owners/occupiers of 10 Cooil Avenue, Kirk Michael The owner/occupier of Cead-Mile-Failte, Ballayre Road, Kirk Michael. - Accordingly the following parties are not granted Interested Party Status: The Isle of Man Water Authority The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan. The owner/occupier of Poleacre, Station Road, Kirk Michael. The owner/occupier of Geay Varrey, Beachfield Farm Lane, Kirk Michael. ### Recommendation Recommended Decision: Refused Date of Recommendation: 29.08.2008 ### 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 R 1. The potential traffic generation from three additional dwellings would be too great on the substandard private access and would have an unacceptable adverse effect on the safety of users of the access and the Cooil Avenue and as such would fail to comply with Transport Policy 4 of the adopted Isle of Man Strategic Plan 2007. R 2. The use of the proposed access from Cooil Avenue would have a detrimental impact upon the residential amenity of the adjacent properties "Cooil Shellagh" and "Melmegsuelyn", contravening part (g) of General Policy 2 of the adopted Isle of Man Strategic Plan 2007. I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control) Decision Made : Refused Date : Signed : M. I. McCauley Director of Planning and Building Control --- *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/85582-michael-cooil-avenue-dwelling-outline/documents/1568153*