**Document:** Officer Planning Report **Application:** 08/00942/A — Approval in principle to erect a dwelling within grounds of **Decision:** Refused **Decision Date:** 2008-07-30 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85576-braddan-141-royal-dwelling/documents/1574446 --- # Officer Planning 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] ### Officer's Report #### The Application Site And Planning Application The application site comprises the residential curtilage of 141 Royal Avenue in Onchan. The planning application seeks approval in principle for the erection of a dwelling within the application site. #### Planning History The application site has not been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application. Planning application 07/01705/A sought approval in principle for the erection of a dwelling in the front garden of 141 Royal Avenue, Onchan. This previous planning application was considered and refused on the 16th November 2007, with the refusal decision notice issued on the 27th November 2007. #### Representations Onchan District Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application subject to the provision of minimum sight splays of 2.4m by 70m. The Department of Transport Drainage Division object to the planning application on the grounds that the proposed dwelling would be built over an existing watercourse, contrary to Drainage Division policies. The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice. The owner and/or occupant of 143 Royal Avenue, which neighbours the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal is an overintensive use of the site, that the proposed development will be out of keeping with the surrounding area, that the loss of trees and ecological interest in inappropriate and that car parking within the area is already problematic. They also highlight concerns regarding ground conditions, the drainage of the site and the protection of the trees on the site. The owner and/or occupant of Seacliffe, which is located in Braddan, supports the proposed development. ## Planning Policy In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Onchan Local Plan. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains three policies that are considered specifically material to the assessment of this current planning application: Policy O/RES/P/19: "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." Policy O/RES/P/20 "Except where required otherwise by the local plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the local plan. Permission will not generally be forthcoming for extensions or conversions which result in a loss of parking space behind the building line." Policy O/NC/P/5: "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." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application: 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; - (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." ## Environment Policy 42: "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. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." Housing Policy 6: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." ### Assessment The planning application proposes the erection of a dwelling within the application site, which is effectively within the front garden of the existing property. It has been accepted on the basis that the refusal of previous planning application 07/01705/A was not tested through to appeal. Whilst the block plan demonstrates that distances of over twenty metres can be achieved between the existing and any proposed dwelling it remains that the orientation of the existing dwelling means that the amenity of both dwellings would be compromised by each other. The proposed development, which is effectively backland development in reverse, would result in an uncomfortable relationship between the existing dwelling and any proposed dwelling. As such the proposed development fails to accord with Policy O/RES/P/19 of Planning Circular 1/2000 and General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2007. This is considered to be grounds for refusal of the planning application. Notwithstanding the above, it can be seen that the application site currently contains a number of mature trees. The tree survey that has been submitted with the planning application indicates that a substantial proportion of the trees that would be affected by the erection of a dwelling are in a good condition. Based on this and a site visit it is considered that these trees provide significant amenity within the area and that their loss would be regrettable. As such the proposed development is contrary to the provisions of Policy O/NC/P/5 of Planning Circular 1/2000 and General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2007. This is also considered to be grounds for refusal of the planning application. Furthermore, given the constraints of the application site, as illustrated by the indicative block plan, it is evident that there would be difficulties in providing on-site car parking provision in accordance with the relevant policies contained within the Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007. In this respect it is considered that the standards contained within the Isle of Man Strategic Plan 2007 supersede those set out within Planning Circular 1/2000. This is also considered to be grounds for refusal of the planning application. The Department of Transport Drainage Division has objected to the planning application on the grounds that the proposed dwelling would be built over an existing watercourse. It is assumed that the existence of this watercourse is the reason for the set back position of the existing dwelling contained within the application site. Having considered this objection it is concluded that the presence of the watercourse is not a material planning reason to refuse the planning application. It is recommended that the planning application be refused. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Onchan District Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; and The owner and/or occupant of 143 Royal Avenue. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The Isle of Man Water Authority; and The owner and/or occupant of Seacliffe. ## Recommendation Recommended Decision: Refused Date of Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals R 1. The erection of an additional dwelling within the application site is unacceptable by reason that: - (a) the amenity of the existing dwelling and that of the proposed dwelling would be detrimentally harmed by the siting of each other; - (b) the proposal would result in the loss of trees that make a positive contribution to the amenity of the application site and surrounding area; - (c) the provision of a minimum of two on-site car parking spaces, where at least one of which is retained within the curtilage and behind the front of the dwelling, would be problematic. As such the proposed development fails to accord with, or is contrary to, Policy O/RES/P/19 and Policy O/NC/P/5 of Planning Circular 1/2000 and General Policy 2, Environment Policy 42, Housing Policy 6 and appendix 7 of the Isle of Man Strategic Plan 2007. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Refused Date : Signed : Mrs F Mullen Senior Planning Officer --- *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/85576-braddan-141-royal-dwelling/documents/1574446*