**Document:** DEC Officers Report **Application:** 14/01429/B — Erection of a substation and four detached dwellings with integral garages (comprising partial amendments to PA 13/91392/B) **Decision:** Permitted **Decision Date:** 2015-01-29 **Parish:** Arbory **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5508-arbory-nos-34-35-36a-dwelling/documents/914713 --- # DEC Officers Report Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ## Officer's Report ### The Site 1.1 The site is an approved plot within a development of 60 new dwellings on a site approximately 3 hectares in area and has 14 - 16, 18 - 21, Cronk Cullyn and Crofton Beg, Cooill Ghlass in the small cul de sac of Ard Wooilley as well as Trafalgar on the Main Road to the west, open agricultural land to the north, 3, 4 and 5, Ballacriy Park to the west and Eyreton, a builder's yard, Doagh Close, and the Colby Glen Public House with associated car park, to the south. The last 4 properties front onto the A7 Main Road. Alongside the public house is the local shop. Primrose Cottage abuts the site to the south. This is a modest traditional cottage which has been extended and has no land to the rear, its rear boundary commensurate with the rear elevations of the property. 1.2 The wider approved estate accommodates four existing dwellings: Croit Veg, Ballacarmick and Seaview Cottage all lie at the southern edge of the site abutting the A7 and all of which are to be demolished as part of the proposals. Primrose Cottage which is not in the ownership of the applicant, is to be retained and land provided to the rear for a rear garden. Meadowfield lies to the east of 5, Ballacriy Park and is also to be demolished as part of the proposals. 1.3 The overall estate site slopes downward towards the south by around 6m over 190m. Access into the site is via Cronk Cullyn where the beginnings of the infrastructure for the development of this area have been installed, following earlier approvals (see Planning History). There is also an access from Ballacriy Park to Meadowfield. 1.4 The larger site is currently open, undeveloped land with some trees within it. 1.5 The estate site has a line of trees running south west to north east in the southern part of the site which then run south along the rear of the Ard Wooilley properties and there are a further four or five trees between Ballacarmick and Croit Veg and sporadic trees along the watercourse which runs along the watercourse which forms the eastern boundary of the site. 1.6 The approved development involves a density of around 20 dwellings per hectare. The lower part of Ballacriy Park which abuts the development site is around 16 dwellings per [Table omitted in markdown export] hectare; Ard Wooilley is around 15 dwellings per hectare; Cronk Cullyn and Cronk y Thatcher are each around 13 dwellings per hectare. There are no affordable units nor public open space in any of the surrounding housing developments. 1.7 The application site in this current proposal lies on the northern side abutting the northern boundary which looks onto open agricultural land which is used for grazing. The site as approved accommodates three detached dwellings, a Yately and two Lancasters. ### The Proposal 2.1 Proposed is the replacement of the three approved dwellings with four dwellings and a sub station. The dwellings will be a Yately as previously approved then three smaller dwellings, one is slightly smaller (600mm) than the Lancaster previously approved and two smaller still. No extension to the approved residential curtilages is involved, even including the substation which is proposed at the western end of the row. 2.2 The houses are all two storey. The space between the Yately and its neighbour is the same as previously approved. That between the other houses is slightly less than approved. The overall length of built development, excluding the substation is the same in both schemes: the substation adds a further 5m of built fabric. The amount of space between and around the buildings is greater in the original scheme by around 5m, generally as the substation will be built on the side garden of the westernmost property. The smaller houses are at least 0.5m shorter in height than the larger two to the east. 2.3 The substation is 6.5m long and 5m wide and 4.2m high to the ridge. This will be finished to match the houses - rendered walls and imitation slate tiled roof. This is required by the MUA. ### Planning Policy And Status 3.1 The site is designated on the Southern Area Plan of 2013 as Res (Prop). There is a development brief which accompanies this designation, in the Written Statement which states the following: #### Development Brief 12 1. A design and access statement must be included with any application. This must explain and illustrate the principles and concept behind the design and layout of the development scheme. The statement must demonstrate how the scheme relates both to the site (which in this instance is sloping in nature), and its wider context, the surrounding area and examine how access has been dealt with. 2. Comprehensive landscaping proposals must be included as part of any detailed development proposals, which must show the retention of existing mature boundary trees. 3. The provision of appropriately sited public open space, children's play space and amenity space must be in accordance with the Open Space requirements set out in Appendix 6 of the Isle of Man Strategic Plan, 2007, or its replacement. 4. Any development proposals must include improvements to the junction of Cronk y Thatcher and the A7. The location and design of the vehicular access points to the site must be prepared in consultation with the Highways Division (DoI). 5. Pedestrian access must be provided to the site from Ballacriy Park, the Cronk Cullyn Estate and the Main Road in the vicinity of the Colby Glen Public House. 6. There is a stream running through the site; a Flood Risk Assessment will therefore be necessary and advice should be sought from the Isle of Man Water and Sewerage Authority. 7. Affordable housing must be provided in accordance with the requirements set out in Housing Policy 5 of the Strategic Plan 2007, or its replacement. 3.2 The following Strategic Plan policies are also considered relevant: 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." Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement." Transport Policy 4: "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." Housing Policy 5: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." Recreation Policy 3: "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 standards specified in Appendix 6 to the Plan." Recreation Policy 4: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport". ### Representations 4.1 There are no comments on the file at the time of writing. ### Planning History 5.1 The site has been the subject of previous applications for residential development, at least one of which has been implemented in the form of the installation of some of the approved drainage at the north eastern part of the site as it joins Cronk Cullyn. 5.2 The most relevant application for this development is PA 13/91392/B which was approved and permitted the erection of 60 dwellings and the associated roads and services. There were a number of conditions, to do with the phasing of the development and the affordable housing and public open space which have been satisfied. A recent planning application has altered the approval, substituting a new house type on plot 84 for a slightly larger one and encroaching slightly into the area of Public Open Space. ### Assessment 6.1 The applicant indicates that since the approval of the development and the marketing of the development, the largest house types have been the slowest to sell and as such, in addition to the need to accommodate the substation, the developer would like to increase the amount of slightly smaller dwellings in some cases from what was approved, compared with the approved larger house types. 6.2 This part of the development is largely only appreciated from within the estate - the views from outwith the site being from Friary Park, some 80m to the north west. From this distance it is not considered that the change in house type and resultant increase in density will be significant compared with what has approval. It is not considered that the proposed development is unacceptable in any other respect and as such the application is recommended for approval. ### Party Status 7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. ## Recommendation Recommended Decision: Permitted Date of Recommendation: 13.01.2015 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals #### C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. **Reason:** To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. #### C 2. All public open space and play equipment shown on the approved plans shall be provided and available for public use on or before the occupation of 50 of the dwellings within the wider estate as a whole in the area approved under PA 13/91392/B. **Reason:** to ensure that the public open space is available to users of the estate in accordance with the objectives of the Strategic Plan. #### C 3. No dwelling may be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwellings and its parking spaces. **Reason:** in the interest of the amenities of the residents in the estate. #### C 4. No development may commence until such times as adequate protection is afforded to the existing trees on site which are to be retained - such as that shown in drawing 04 submitted in respect of PA 13/91392/B. The protection shall not be removed until the development has been completed. The protected areas shall be kept clear of any building, plant, equipment, material debris and trenching, existing ground levels shall be maintained, and there shall be no entry into the protected areas except for approved arboricultural or landscape works. **Reason:** in the interests of the amenity of the area. #### C 5. All hard and soft landscaping works shall be carried out in accordance with the approved details and programme. Any trees or plants which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants or a species and size to be first approved in writing by the Planning Authority. All hard landsaping works shall be permanently retained in accordance with the approved details. Reason: in the interests of the amenities of the estate. This approval relates to drawings 34, 35, 36, 37 and 38 all received on 9th December, 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 27/1/14 Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Sarah Corlett Senior Planning Officer Signed: ... Jennifer Chance Head of Development Management --- *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/5508-arbory-nos-34-35-36a-dwelling/documents/914713*