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Application No.: 18/00111/A Applicant: Mr Chris Murray Proposal: Approval in principle for the erection of a detached dwelling Site Address: Site Adj To 10 Birchley Terrace Onchan Isle Of Man Case Officer : Mr Owen Gore Photo Taken: 15.03.2018 Site Visit: 15.03.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.04.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure) (No.2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 and Housing Policy 6.
Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.
Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.
Plans/Drawings/Information; This Planning permission relates to the following plans and documents: -
It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
Owner/occupier of No.10 Birchley Terrace
It is recommended that the following persons should not be given Interested Person Status on the basis that although they have made written submissions, they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Owner/occupier of No.4 Birchley Terrace As the property does not directly adjoin the application site and it is considered unlikely that they will be significantly impacted by the proposal. _____________________________________________________________________________
THIS THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE CASE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION.
1.1 The application site is a parcel residential garden associated with No.22 Birchleigh Close and includes an outbuilding building. The site is detached from No.22 and separated by an access lane that services the properties on Birchley Terrace; the site itself adjoins the property at No.10 at the end of the terrace and on the corner where Hillberry Road/Avondale Road curves. THE PROPOSAL - 2.1 The application is for the approval in principle for the erection of a detached dwelling on the site. The applicant has provided some indicative details, although they have reserved all other matters for determination at a later date. Therefore the principle for the development is all that is being considered at this point. PLANNING POLICY - 3.1 The application site is designated as 'Predominantly Residential' under the Onchan Local Plan Order 2000 Map No. 1. The application site is not within a Conservation Area and the building on the site is not Registered. Policy O/RES/P/19 from the Onchan Local Plan 2000 is applicable to this proposal.
3.2 The Strategic Plan 2016 contains several policies that are considered specifically material to the assessment of this current planning application. Strategic Policy 1, Strategic Policy 2, Spatial Policy 2 and Housing Policy 4 all link to the principle of housing development. General Policy 2 and Housing Policy 6 are considered to be applicable; however deal mostly with the other aspects of the proposal that will form the reserved matters. PLANNING HISTORY - 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. These comments have been considered as part of the assessment and this report contains only summaries of the points made.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 02 March 2018.
5.2 Onchan District Commissioners have commented on this application in the letter dated 20 February 2018 and stated that 'The Commissioners recommend that the application be REFUSED on the grounds that: "The lack of information in relation to elevations of adjoining properties and the question over the dwelling being attached or not attached."'. - 5.3 Two neighbours have submitted objections to the proposal. The objections include the following planning related points: -
The comments included several non-planning related questions and comments, which have been addressed in the assessment under the title 'Other Matters'; the applicant's agent has also clarified the applicant position on some of these issues. The applicant's response identifies that the
ASSESSMENT Principle of the development
6.1 The application site is within an area that is zoned for residential use and within an existing settlement. The site located within Onchan which is identified as a service centre to provide additional locations for housing, employment and services, outside of Douglas.
6.2 The site seems to have previously been garden space, although it is not clear of this was previously attached to No.10; it is therefore not previously developed land. However at some point in the past it has become a separate unit. The site arguably contains a redundant building and is currently unused/under-used land. The site is relatively small but appears from the submitted illustration to have sufficient space for access and amenity space, and due to the residential area location, the site benefits from the existing infrastructure, facilities and services.
6.3 The current application only concerns the principle of the development and the additional information provided is illustrative. 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. - 6.4 Although the plans are illustrative, there is some concern regarding the layout shown, as this is likely to have an impact on No.10 in terms of overbearing and overshadowing, which could have an adverse impact on the amenity of local residents. Also the design could impact the openness of the corner if it is sited too close the highway and proud of the building line, and although it features traditional aspects, may appear out of keeping with the adjoining terraces due to its layout. Therefore no approval has been given for the submitted designs which will be more thoroughly assessed during the reserved matters application. OTHER MATTERS - 6.5 Although prior consultation with neighbours is encouraged, the statutory requirement for the advertisement of planning applications is carried out by the government and has been fulfilled; the application is not specifically required to carry this out before submission of the application. - 6.6 A concern was raised in the comments, regarding the value of the neighbouring property; however this is not a planning consideration. As stated above, the ownership and rights to access over land are civil matters that do not carry weight in the assessment of a planning application.
7.1 The principle of the proposal is acceptable and therefore complies with Strategic Policy 1, Strategic Policy 2, Spatial Policy 2 and Housing Policy 4. The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and the proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to the reserved matters. The proposal therefore complies with General Policy 2. INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 09.05.2018
Signed : O GORE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 18/00111/A Applicant : Mr Chris Murray Proposal : Approval in principle for the erection of a detached dwelling Site Address : Site Adj To
10 Birchley Terrace Onchan Isle Of Man Presenting Officer : Mr Owen Gore Addendum to the Officer’s Report
Following discussions the case officer agreed to amend their recommendation to re-word condition 2 and condition 3 to the following, respectively: -
Reason: To comply with the Town and Country Planning (Development Procedure) (No.2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 and Housing Policy 6.
Reason: This is an approval in principle for a single dwelling and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.
Reason: To comply with the Town and Country Planning (Development Procedure) (No.2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 and Housing Policy 6.
Reason: This is an approval in principle for a single dwelling, as shown on the submitted illustrative drawings and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area, and would require additional space for parking and amenity areas.
Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.
Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.
Plans/Drawings/Information This Planning permission relates to the following plans and documents: -
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