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Application No.: 23/00512/B Applicant: Mr Alan Skillicorn Proposal: Erection of a detached dwelling with associated parking Site Address: Vacant Plot Adjacent To Mussoorie Main Road Santon IM4 1JB Planning Officer: Mr Hamish Laird Photo Taken: 12.07.2023 Site Visit: 12.07.2023 Recommended Decision: Refused Date of Recommendation: 25.08.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The proposed development is unacceptable because it would result in a cramped form of development with a wholly inadequate rear garden area to serve a dwelling of this size which would result in an unacceptable degree of harm to future occupants of the dwelling through inadequate amenity provision which would be exacerbated by the sites position on the edge of the settlement of Newtown where no alternative areas of public open space are located nearby. This fails to accord with the provisions of policy GP2 h) in the Isle of Man Strategic Development Plan (2016). - R 2. The proposed development is unacceptable because no secure bicycle storage to the required standard for a new residential premises in line with Manual for Manx Roads Standards is shown as being provided. Such provision involves one covered cycle space for each bedroom, which would mean three covered spaces. Whilst cycles could be stored outside the dwelling to the rear, given the lack of a meaningful garden area proposed, most of the area is likely to be taken up to provide covered cycle storage. This emphasises the cramped nature of the development. As such, this of the proposed development fails to accord with the provisions of policy T7 in the Isle of Man Strategic Development Plan (2016); and, the standards contained in the Manual for Manx Roads (Version 2 updated 21 June, 2021). - R 3. The proposed development is unacceptable because it would result in the loss of the existing side garden area serving the dwelling at 'Capella' with the dwelling consequently being served by a sub-standard size of amenity area commensurate with its size and scale. This fails to accord with the provisions of policy GP2 h) and policy EP22 iii) in the Isle of Man Strategic Development Plan (2016). - R 4. The proposed development would in effect result in tandem development due to traffic movements to and from the site of the new dwelling running in close proximity past the rear elevation and conservatory of 'Capella'; and, the rear elevation of 'Clannagh Lodge'. This would result in an unacceptable level of noise and disturbance to occupants of these neighbouring dwellings. As such, the proposal fails to accord with the provisions of policy GP2 h), policy EP22 iii) which seek to protect neighbours amenities form inappropriate development; and, Policy EP 42 which discourages inappropriate backland or tandem development - all of which are contained in the Isle of Man Strategic Development Plan (2016). _______________________________________________________________
Additional Persons
None. _____________________________________________________________________________
1.1 The site comprises part of the side garden located on the south-west side of the detached, 2-storey, dwelling at 'Capella'; and, to the north-east of a detached, 1 ½ storey dwelling at 'Mussoorie', (previously known as 'Monaveen'), with its flat-roofed, garage standing closest to the site. It is located on the north-west side of the A5 Main Road in Santon, a short distance south of the Main Road junction with Clanna Road which runs in a north-westerly direction from this location. The site is set back from the road and behind a mature hedge and is separated from the carriageway by a grass verge and pavement. An electricity transmission pole stands on the verge to the front of the site. - 1.2 The site for the proposed new dwelling lies within the settlement boundary for Newtown. However, on examination of Map 11 of the Area Plan for the East the Land zoning to the rear of the site is not residential, and the settlement boundary line drawn on plan to the rear of Clannagh Lodge, and Capella (immediately to the rear of its attached rear conservatory) and excludes the access track located to the rear of these properties, with the boundary line continuing across the rear of the site to coincide with the NE corner of the garage serving 'Mussoorie'. - 1.3 The land on the opposite side of the A5 to the east comprises open fields with the outline of a horse exercise track reflecting an equestrian use. To the rear of the site the land to the north-west is indicated on the environmental constraints plan as an area of Ecological Importance.
2.1 The full application proposes the erection of a single 2-storey, detached, double-fronted dwelling in the traditional Manx style, with dummy chimney stacks attached to each end gable which project above the ridgeline of the roof. It would measure approx. 9.35m long x 7.0m deep x 5.0m to the eaves and 7.45m to the ridge. The central front projection housing the entrance porch would be 1.2m deep x 2.35m wide with eaves height to match and a ridge height of 7.45m It would have a pitched natural slate roof with walls in white painted render with black uPVC rainwater goods and guttering. Windows and doors would be Anthracite composite front door- white Upvc window frames to the front- Anthracite Upvc window frames to the rear- Anthracite Upvc patio doors. - 2.2 The new dwelling proposes the following accommodation:
Ground Floor: Entrance porch and hallway leading to WC and stairs up: lounge; kitchen/dining room; and, a utility room with rear entrance door.
First Floor: Stairs down; master bedroom with walk-in wardrobe; 2 further double bedrooms; and, a family bathroom.
2.3 The dwelling would be served by an existing vehicular access which exist onto Clanna Road to the north, and would provide 2 No. car parking spaces each measuring 2.5m wide x 5.0m deep, and a 6.9m deep x 8.1m wide turning area located to the rear of the dwelling. - 2.4 The rear garden depth scales at approx. 3.8-4.0m from the rear wall of the dwelling, with a width of approx. 7.0m.
3.1 The site lies within an area designated on the Area Plan for the East (2020) as Predominantly Residential where it lies within the settlement boundary for Newtown. However, as advised in paragraph 1.2 above, on examination of Map 11 of the Area Plan for the East the Land zoning to the rear of the site is not residential, and the settlement boundary line drawn on plan to the rear of Clannagh Lodge, and Capella excludes the access track located to the rear of these properties, with the boundary line continuing across the rear of the site to coincide with the NE corner of the garage serving 'Mussoorie'. - 3.2 The site is not within a Conservation Area or flood risk area. The site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant: - 3.3 The site lies within an area designated for residential use on the Area Plan for the South
(2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "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:
3.4 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
3.5 Environment Policy 42 advises: "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." - 3.6 The preceding text relating to 'Backland development' advises at paragraph 7.34.1: ""Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings." Note (2) advises in Appendix 1 of the Strategic Plan that Backland development is defined as: "Development on land at the back of existing properties, usually on what were the back gardens, and often without a separate road frontage." - 3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10, Environment Policy 22, and Transport Policy 7.
4.1 04/00248/A - Approval in principle for the erection of a dwelling on land forming part of Capella - Refused on Review - 08.04.2004, for the following reasons:
4.3 In respect of Capella itself, the following planning history is of relevance: - 4.4 21/01019/B - Alterations and erection of sun room extension to replace existing conservatory - Permitted - 16.12.2021. - 4.5 21/00498/B - Alterations and erection of a rear extension and erection of a detached 2 storey garage with upper floor living accommodation - Refused - 14/7/21. - 4.6 99/01786/B - Extension to main dwelling, also extension and alterations to detached garage to form living accommodation AMENDED PLAN - Permitted - 07.04.2000.
5.1 Highway Services - comments received 31/5/23.
Highways Comments: "The proposal would see a new dwelling created on a vacant plot, which has provision of an existing access off Clannagh Road. The red line boundary that is presumably supposed to encompass the existing lane and access does not appear to follow the path of the lane. As shown, the drawings are presenting an adjacent access to the existing. Despite this, from the description and the statement provided, it is understood that the existing access is to be used, and the red line may be an error in drawing.
The creation of the dwelling would see an increase in the use of the access and lane by two vehicles. The increase will lead to a total of six vehicles (two vehicles per dwelling access). This total number is not excessive for a lane of this type and is acceptable. Visibility splays of 2.4m by 160m to the left on exit and taken all the way to the junction with A5 to the right, have been provided. The extent of the visibility splay to the left on exit is not fully visible on the drawings provided, thus the full extent cannot be checked. However, given the topography and road alignment of Clannagh Road, it is likely that the required level of visibility will be achievable. The visibility achievable from the access is acceptable. No further alterations are proposed to the access.
No details have been provided for surface water drainage proposals off the access lane. The Applicant / Developer shall provide run off / surface water drainage where necessary to prevent water from flowing out onto or damaging the public road, such as where an access slopes down towards the road. A satisfactory arrangement should be agreed with the Highway Services' Drainage team.
The plans show provision of two parking spaces to meet the Strategic Plan minimum standard. The spaces are shown as 2.5m x 2.5m each. However, there is increased length to the spaces beyond the 5m shown. At 2.5m in width, the spaces fall below the 2.6m minimum requirement. Despite this, the spaces are located away from the highway off a private lane, and how sufficient room within the driveway hardstanding shown to park and still maintain the spaces needed to exit in a forward gear.
With no internal garage provided, there must be additional separate and covered storage space to park bicycles. This should be given at a rate of one space per bedroom. The applicant may also wish to consider the provision of an electric vehicle charging point, in order to support the islands sustainable transport goals.
Highway Services Development Control finds the proposal to raise no significant road safety or highway network efficiency issues. However, the proposal has not provided bicycle storage to the required standard for a new residential premises in line with Manual for Manx Roads Standards.
Recommendation: Request further information/ revisions."
5.2 Santon Commissioners - no comments had been received by the Report drafting stage.
5.3 Manx Utilities - Drainage - Comments received 19/5/23 "Further to our telephone conversation earlier today regarding the above planning application
Manx Utilities Authority - Drainage (19/6/23) - comments: "Further to your email below as the percolation test has failed we will accept harvesting the rainwater into a holding tank for
garden and pressure washing use. However, this will be subject to building control. We also require a detailed design of your proposal from an Engineer."
5.4 Forestry, Amenity And Lands, DEFA - no comments had been received by the Report drafting stage. - 5.5 No Written Representations from neighbours had been received by the Report drafting stage. - 6. ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The site forms the south side garden area serving the dwelling at 'Capella'. It lies within the settlement boundary for Newtown. However, on examination of Map 11 of the Area Plan for the East the Land Zoning to the rear of the site outside the settlement boundary is not residential, and the settlement boundary line is drawn on Map 11 to the immediately to the rear of the conservatory attached to Capella and Clannagh Lodge and excludes the access track located to the rear of these properties. The settlement boundary line is shown continuing across the rear of the site to coincide with the NE corner of the garage serving 'Mussoorie'. The proposed access and 2 No. car parking spaces would, therefore, be located in the countryside outside the settlement boundary. - 6.3 The principle of development is, therefore, considered to be unacceptable, because the whole of the site does not lie within the settlement boundary for Newtown. In this case, and noting the position of the site set between residential properties located within the settlement boundary, the principle of development for the erection of a dwelling with parking to the rear is not accepted and the application is considered to be contrary to the provisions of, specifically, General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 6.4 Other issues regarding this proposal are whether the size, scale, massing, plot coverage and overall architecture the new dwelling is suitable for this site in terms of the impact it would have on the character of the streetscene and the site's surroundings. In addition, consideration should be given to whether it would have an acceptable impact on the living conditions of those in neighbouring and nearby dwellings; and in respect of the amenities of future occupants of the new dwelling on site, the host dwelling at Capella and the adjoining dwelling at Clannagh Lodge; and, finally, whether the provision of a vehicular access would be satisfactory in terms of highway safety.
6.5 The proposed dwelling would be set back on the site approx. 3.3m from the roadside boundary, and its front elevation would line up with that of the host dwelling at 'Capella'. The dwelling would be set lower than the road level as shown on Drawing No. 100 Rev. B which would reflect the level of the dwellings either side at both 'Capella' and 'Mussoorie'. The ridge
9.35m long
7.45m to the ridge.
6.7 It would also have a central front projection housing the entrance porch would be 1.2m deep x 2.35m wide with eaves height of 5.0m and a ridge height of 7.45m. The dwelling would be served by an existing vehicular access which exist onto Clanna Road to the north, and would provide 2 No. car parking spaces each measuring 2.5m wide x 5.0m deep, and a 6.9m deep x 8.1m wide turning area located to the rear of the dwelling.
6.8 The rear garden depth scales at approx. 3.8-4.0m from the rear wall of the dwelling, with a width of approx. 7.0m. - 6.9 The gently sloping nature of the site would enable the proposed dwelling to be in scale, and the proposed design would be in keeping with that of 'Capella', which is the more dominant dwelling either side of the site in the street-scene in comparison with the 1 ½ storey dwelling at 'Mussoorie'. The limited depth front garden area, and the small rear garden would provide little space for landscaping and the existing roadside hedge is shown as being removed. Overall, the siting, design, scale, height, massing, and appearance of the new dwelling, which would be constructed in materials reflective of 'Capella', would represent an acceptable addition to the streetscene, and its visual impact is considered to be acceptable. This accords with the provisions of policy GP2 in the Isle of Man Strategic Development plan
(2016). (iii) The impact upon the amenities of occupants of neighbouring properties, and on the amenities of future occupants of the dwelling
6.10 The new dwelling would line up on site in relation to 'Capella' and would be separated from the main part of the dwelling at 'Mussoorie' by that property's garage which is attached to the north side of 'Mussoorie' closest to the site. There are no windows in the north side elevation of 'Mussoorie' facing the site. There are 2 No. windows in the south side elevation of 'Capella' facing the site. One is at first floor level towards the front of the dwelling and functions as a secondary bedroom window, whilst the further ground floor side window is set in the rear extension of the dwelling and serves a living area. It too is a secondary window. The new dwelling would have blank side walls facing both neighbours and as such issues of overlooking/loss of privacy do not arise. In respect of appearing overbearing, it is noted that there would be no impact on the amenities of the occupants of 'Mussoorie', and, the impact on the amenities of occupants of 'Capella' would be within acceptable bounds because both side windows are secondary windows and there would be a 3.0m gap wall-to-wall between the two dwellings. This accords with the provisions of policy GP2 in the Isle of Man Strategic Development plan (2016). - 6.11 As indicated in paragraphs 6.7 and 6.8 above, the new dwelling would have a rear vehicular access serving 2 No. car parking spaces and a turning area. Owing to the limited depth of the plot, the car parking and turning area would result in their being a very limited depth and area for the rear garden. This would amount to a depth of approx. 3.8-4.0m from the rear wall of the dwelling, with a width of approx. 7.0m. It is noted that this would reflect the depth of the rear garden serving 'Capella', the depth of which is accurately shown on the
6.14 The comments received from DOI Highways are noted. The main points raised relate to visibility splays on Clanna Road, and the width of the parking spaces proposed to serve the new dwelling. The spaces are shown as 2.5m x 2.5m each, which falls below the 2.6m minimum requirement. However, the spaces are located away from the highway off a private lane, and the plans show sufficient room within the driveway and hardstanding to be able to park and still maintain the space needed to exit in a forward gear. It is considered that the slight reduction in width of the car parking spaces to be provided (10cm) would be negligible in this context, and the parking and turning provision shown on site is considered to be acceptable. - 6.15 Highways note that Visibility splays of 2.4m by 160m to the left on exit and taken all the way to the junction with A5 to the right, have been provided. Whilst the extent of the splay on the left of the exit is not fully visible on the drawings provided, and the full extent cannot be checked, the topography and road alignment of Clannagh Road, is such that it is likely that the required level of visibility will be achievable. In any event, traffic approaching the A5 along Clanna Road would be slowing for the road junction which is served by a 'Stop' sign, and it is considered that the visibility achievable from the access is acceptable.
6.16 It is noted that the proposal has not provided bicycle storage to the required standard for a new residential premises in line with Manual for Manx Roads Standards. This involves one covered cycle space for each bedroom, which would mean three covered spaces. Cycles could be stored outside the dwelling to the rear, however, given the lack of garden area proposed, most of the area would be taken up with covered cycle storage. The site lies in a rural location with on-site car parking provided. It lies on a main bus route between Douglas, and Ballasalla/Castletown, with connections beyond to Port Erin/Port St Mary. However, it is clear that cycle provision cannot be achieved, and none is shown on plan. This emphasises the cramped nature of the development. This is considered to be unacceptable and this element of the proposed development fails to accord with the provisions of policy T7 in the Isle of Man Strategic Development Plan (2016).
6.17 None.
7.1 The proposed development is considered to be unacceptable, because:
The application is recommended for refusal. _____________________________________________________________________
I can confirm that this decision has been made by the Acting Head of Development Management 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 : Refused Date : 08.09.2023 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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