DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00475/B Applicant: Crowe Developments Limited Proposal: Erection of detached dwelling with integral garage Site Address: Plot 1 Land Adjacent To The Threshold Jurby Isle Of Man Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.07.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Within three months of the development commencing, details of flood resilient materials are used in the construction of the dwelling shall be submitted to and approved in writing by the Department.

Reason: To provide adequate safeguards from flood impact, as although the site is not directly prone to flood risks, the proposed site is in an area subject to flooding.

• C 3. Within three months of the development commencing, a detailed landscaping plan which shall include details of planting (no none non-native species) noting species, plant sizes and proposed numbers/ densities; and landscape features (hedges and trees).

The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department.

Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for landscaping which contributes to the creation of a high quality, accessible, safe and attractive environment.

• C 4. Within three months of the development commencing, plans should be submitted to Planning for written approval containing details of bat and bird bricks in the new property. The bird bricks shall be suitable for swift high up on the north-west elevation, and bat bricks high up on the south-east elevation.. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 5. The development hereby approved shall not be brought into use unless the access, visibility, vehicular and pedestrian access and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing No: SM25/596/4 Rev A). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.

Note: FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This application has been recommended for approval for the following reason.

The application accords with General Policy 2, Strategic Policies 1 and 2, Housing Policies 4 and 6, Environment Policies 42 of the IOM Strategic Plan 2016, and the principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the application site, neighbouring properties, and the character of the area.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 14 Apr 2023, and Agents Correspondence received 27 July 2023. _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DOI Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises Plot 1, which is land adjacent to The Threshold, which is a residential estate situated on the northern side of Jurby Road, just after the Jurby School as you drive south along the Jurby Road (A14). - 1.2 The Threshold, Jurby, is characterised by a mixture of detached and semi-detached 2 storey dwelling houses, which predominantly have hipped roofs with parking and grassed areas to the front and fenced off gardens to the rear. This estate sits just northwest of Snaefell View, Jurby, which is directly adjoins the A14. - 1.3 Plot 1 sits northwest of the dwellings within The Threshold. The site, although not yet built on exists as part of The Threshold, and is served by the road which serves the properties within the estate. The site area is relatively flat and has views to the nearby agricultural fields.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Erection of a detached dwelling with integral garage. The new dwelling which would be a two storey detached dwelling would have a pitch roof over, have a two storey pitch roofed porch projection in front, with a pitch roofed integral garage situated on the northwest elevation. This dwelling which would have its roof finished in dark coloured flat profile interlocking concrete tiles, would have its external walls finished largely in painted render, with the exception of the porch projection which would be finished externally in stone cladding fixed over cavity blockwork. All the windows would be grey UPVC framed double glazed windows. - 2.2 The new dwelling would have an open plan kitchen/dining area, a lounge, utility, a study, porch, a garage, shower room and hall on the ground floor, while the upper floor will house four bedrooms (one with ensuite), and bathroom. - 2.3 Two parking spaces would be created on site (including the garage provision). No mature vegetation would be removed to facilitate the development and no trees are within the development area. There would also be no change in site level. The dwelling will also be served by a new soak away.

3.0 PLANNING POLICY - 3.1 The application site is within an area zoned as Predominantly Residential under the IOM Development Order 1982. The site is not within a Conservation Area or Registered trees Area, and there are no registered trees on site. The site is also not prone to flood risks, although the surrounding area and most of the properties within 'The Threshold', sit within a high flood risk zone. - 3.2 In terms of Strategic Plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:

• 3.2.1 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:

• (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;

• (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."

• 3.2.2 Housing Policy 6 states: "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."
• 3.2.3 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
• 3.2.4 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

• 3.2.5 Strategic Policy 1 (In part): Development should make the best use of resources by:

• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

• 3.2.6 Strategic Policy 3 (In part): Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
• 3.2.7 Environment Policy 42 (In part): 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.
• 3.2.8 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.

3.2.9 Transport Policy 7 states:"The Department will require that in all new development, parking provision must be inaccordance with the Department's current standards.

• 3.2.9.1 Appendix A.7.6 sets out Parking Standard. Typical Residential 2 - spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

• 3.2.10 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.
• 3.3 Other policies within the Strategic Plan which are considered relevant to the proposal are; Infrastructure Policy 5, and Community Policies 7, 10 and 11.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 IOM Biodiversity Strategy 2015 to 2025

• 4.1.1 The strategic aims (In part):

• Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.

• 4.1.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."

4.2 DEFA's Residential Design Guide 2021

• 4.2.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.
• 5.0 PLANNING HISTORY

5.1 The application site has been the subject of two previous planning applications which are considered relevant in the determination of the current proposal:

5.2 PA 18/00763/A for Approval in principle for the construction of five dwellings addressing means of access was granted approval on 5th April 2019. Condition 2 of that approval required that an "Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval". - 5.3 PA 21/00408/B which sought approval for Variation of conditions 1 & 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years was also approved on 7th January

1. This was also the subject of five conditions as the parent application. 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the proposal does not raise significant road safety or network functionality issues. Accordingly, they raise no opposition subject to conditions for the Access and layout to accord with Drawing No: SM25/595/A Rev A on driveway widened to 3.4m. The Applicant is advised of the need for separate agreement / permissions for highway works under a s109(A) Highway Agreement and licences for equipment, materials, temporary traffic management / road closures (4 May 2023).

6.2 DEFA Ecosystem Policy Team has made the following comments regarding the application (5 May 2023):

• o They note that it is shown on the Site Survey and Block Plan (Drg No. SM23/595/A) that a new boundary hedge is to be planted along the north-west boundary of the site, and indicate that they are supportive of this.
• o They note that the block plan notes states that the planting will be undertaken with the shrubs listed in the Landscape Guidance Notes Planning Circular 1/93, and state that some of the plant species listed in this shrub list are invasive non-native plant species listed on Schedule 8 of the Wildlife Act 1990, or otherwise considered invasive, and therefore should not be planted - this includes cotoneaster, griselinia, hebe etc.
• o They state that it is an offence to plant, or otherwise cause to grow in the wild, any plant listed on Schedule 8, and therefore request that a condition is secured for no planting to be undertaken with any species listed on Schedule 8 of the Wildlife Act 1990, or hebe, fuchsia
• or cherry laurel.
• o They request that the applicant's select native, or other well established hedging species and that the hedge is extended along the north east boundary and into the next door plot.
• o They recommend that the applicant gives consideration to the installation of bat and bird bricks in the new property - bird bricks suitable for swift high up on the north-west elevation, and bat bricks high up on the south-east elevation.

6.3 DOI Flood Risk Management Division have noted that the proposed site is in an area subject to flooding, and suggest that flood resilient materials are used in the construction (24 April 2023). - 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The fundamental issues to be considered in the assessment of the current application are:

• a. Principle of developing the site for the proposed use;
• b. The potential visual impact on the site, street scene and townscape;
• c. Impacts on Parking and Highway Safety;
• d. The potential impact on neighbouring properties;
• e. Impact on future occupiers; and
• f. Ecological Impacts.

7.2 Principle of Development (STP 1, SP2, HP4, & HP 6)

• 7.2.1 In assessing the principle of the proposed development, it is considered that the site is zoned for residential use which implies that the use of the site for residential purposes would be compatible with adjoining uses and conform to the general use of the area.
• 7.2.2 The site is also within the settlement boundary and adjacent to and surrounded by existing residential dwellings; conditions which would ensure that residential development here broadly aligns with Strategic Policy 1 and Housing Policy 4.
• 7.2.3 It is vital to note that the Isle of Man Strategic Plan 2016 seeks to locate new housing and employment close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal being situated within the settlement boundary and near a major public transport corridor. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island. Therefore, in terms of the acceptability of the use of the site for residential development it is concluded that the proposal basically accords with the goals of Strategic Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.

• 7.2.4 Given the factors that have been highlighted above, it is considered that the development of the site for residential purposes would be acceptable in principle. The acceptability of the principle does not in any way mean automatic approval for the proposed development, as the development of the site would have to be appropriate for the existing site character, character of locality and not result in adverse impacts on other attributes of the site, such as biodiversity, access and highway issues, and/or neighbouring amenity. Therefore, it still remains necessary to assess the proposed development against other relevant planning policies and the physical constraints of the application site.
• 7.3 Visual Impact on the Site and Street Scene (GP 2, STP 3, EP 42, & RDG 2021)

• 7.3.1 In terms of the size (footprint) of the dwelling and relationship with the spaces between the buildings which serve to define the character of the area, it is considered that the proposal respects the site character in this regard, as it would ensure the proposal fits with the site area and would be seamlessly integrated into the site.
• 7.3.2 In terms of any impact on the area and street scene, it is considered that the design of the dwelling, within this location, is considered to be an improvement on existing dwellings in the area given its integration of uniform elements, unlike the existing dwellings in the area which have flat roofed garages which in no way reflect the key features of the existing dwellings on site.
• 7.3.3 The mass and height of the new dwelling will also be in keeping with the character of the area. Whilst the building would still stand out and be particularly noticeable, being situated at the end of the estate and given its pitch roof, two storey porch projection, and stone finish on the porch projection, which are new features within the street scene, the new dwelling would offer the much needed variety to the character of the street scene, and be more reflective of its time when compared to the existing dwellings in the area which are considerably older.
• 7.3.4 It is perhaps also worth considering that the design of dwelling in term of form is more modern than the existing dwellings within the estate, albeit with the traditional steeply pitched roof finish and gable ends, and would be finished in construction materials that are not at variance with the character of the area, such as painted render, concrete roofs, and UPVC windows. It is also considered that the proposed dwelling will be of similar scale to the existing dwellings within The Threshold, with the varied design type also fitting seamlessly into the area, considering the detached houses here have slightly varied individual designs. Accordingly, the overall design, siting, layout, size, landscaping and finishes of the dwelling would all be acceptable and would create a pleasant housing development, without having significant adverse visual impacts to the amenities of the street scene, site or area.

7.4 Impact on Highway Safety (General Policy 2h & I, TP's 1, & 7)

• 7.4.1 In terms of impacts on highway safety, it is considered that the proposed access arrangement, including visibility would be appropriate for the site and the single dwelling proposed for the site, and would offer safe access onto the existing highway and as such is acceptable.

• 7.7.2 With regard to off road parking, the dwelling would have at least 2 spaces provided within the site, with space available to enable the creation of another parking space if required, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site is within walking distance to public transport corridor along the A14 which increases the public transport options available to future occupants.

• 7.7.5 Likewise, Highway Services have assessed the proposal and find it to have no significant negative impact upon highway safety, network functionality and /or parking, and raise no objection to the proposal subject to all vehicular access arrangements according to

Drawing No: SM25/596/4 Rev A. Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.

7.5 The Potential Impact on Neighbouring Properties (GP 2 & RDG 2021)

• 7.5.1 With regard to the potential impact upon neighbouring properties, it is considered that the scheme would not result in adverse impacts on neighbouring residential amenity. This is hinged on the fact that the proposed building's height and position relative to the dwelling proposed at Plot 2, and the position of fenestrations which are only situated to the front and rear (with no windows to the sides), would diminish any concerns in this regard. Hence, overlooking, loss of light and overbearing impacts would not result from the proposal.

7.6 Impact on Future Occupiers (GP 2 and RDG 2021)

• 7.6.1 With regard to amenity provisions for the future occupants of the new dwelling, GP2 (h) requires development to have satisfactory amenity standards in itself. In this case, the proposed four-bedroom dwelling would have outdoor amenity space appropriate for the scale of the dwelling and the number of bedrooms given that it would have a garden area measuring about 393.9sqm, which would constitute about 64.8% of the total site area which measures about 606.9sqm.

• 7.6.2 Additionally, the position of the garden area relative to the position of neighbouring windows is such that would not compromise the utility of the rear garden. Parking and external circulation around the property is also appropriate. Moreover, the garden area would be afforded unrestricted views to the surrounding countryside. As such, it is considered that the amenity space provision in terms of private outdoor space provisions would meet the requirements of General Policy 2 (h & m).

7.7 Impacts on Biodiversity (GP2, EP4 & EP5)

• 7.7.1 In terms of impacts on ecology or biodiversity within the site, it is also important to establish that if any real harm would result with respect to ecological and environmental concerns, it would only relate to the removal of some vegetation to enable the erection of the new dwelling. In this case, it is considered that the scale of vegetation removal to facilitate the erection of the dwelling, in addition to the fact that the existing vegetation on site is managed (with minimal potential to serve as established habitat for biodiversity), would ensure that any impacts on biodiversity within the site will be negligible, and overridden by the retention of the large sections of the site area as a garden.

• 7.7.2 The comments from DEFA Biodiversity regarding the need for the development to exclude invasive non-native plant species listed on Schedule 8 of the Wildlife Act 1990 in any planting plan, and the installation of bat and bird bricks in the new property are noted. As such, relevant conditions would be included to ensure that the scheme gives due consideration of the issues raised by the Ecosystem Policy Team.
• 7.8 Other matters 7.8.1 Flood Concerns

• 7.8.1.1 Whilst it is noted that the site is not prone to flood risks, the vicinity is prone to high flood risks. As such, DOI Flood Risk Management have asked that flood resilient materials are used in the construction of the proposed development. As this information has not been provided with the initial submission, this has been discussed with the applicants who are satisfied that this be required via a condition. As such, a condition would be imposed to ensure that the development makes provision for flood mitigation should flood impacts spread from the adjoining sites.

- 8.0 CONCLUSION

8.1 Overall, it is considered that the design, highway impacts and visual impacts are acceptable, and the proposal would not result in harm to public or private amenity. The application is, therefore, recommended for approval.

- 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 28.07.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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