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Application No.: 18/00710/C Applicant: Brian Douglas Proposal: Use of part of field as a builder's compound until March 2019 to implement works to adjacent Derbyhaven House (retrospective) Site Address: Field 434022 Derbyhaven Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 20.08.2018 Site Visit: 20.08.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.09.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To limit the impact of the proposed use on the living conditions of those in adjacent property.
This decision relates to the drawings and plans received on 9th July, 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):
4, 5 and 6, Chapel Court, Ballamoar and Midway House as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
_____________________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS WHICH HAVE BEEN RECEIVED
1.1 The site is a field, reference 434022 which lies to the rear of a number of dwellings: 4, 5 and 6, Chapel Court, which lie to the south and Derbyhaven House, Traa-dy-Liooar, Cass-naHawin - Ballamoar House and Beachway which lie to the east and front onto the public highway and look out onto Derbyhaven Bay. The applicant also owns Derbyhaven House. - 1.2 The site has to its rear the boundary with Isle of Man Airport. To the north is the curtilage of a large dwelling, Midway where there is permission for an additional dwelling (PA 15/00337/B). - 1.3 At the time of the first site visit (20.08.18) the gate providing access to the site was locked and there appeared to be no-one on site or at the development site (Derbyhaven House). A second visit was undertaken (06.09.18) where the site was being worked and vehicles and personnel were present. THE PROPOSAL
2.1 Planning approval is sought for the continued use of the site as a builder's compound in association with approved works being carried out to Derbyhaven House (16/00544/B). Permission is not required to use land adjacent to an approved development site, as a compound associated with that development but only for a period of 24 months which has now expired in this case (Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015) (end of May 2018). - 2.2 The applicant has indicated that the site is required to be used like this up until March 2019 at the latest. He has also confirmed on site that he would be happy to erect fencing to separate the parked vehicles and material from the rears of 4, 5 and 6, Chapel Court (15 feet). PLANNING STATUS AND POLICY
3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Existing Residential. The Plan provides further information about the Derbyhaven area at Appendix 4:
3.2 The general standards of development set out in General Policy 2 of the Strategic Plan are applicable in this case:
"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:
4.1 Planning approval was granted for the erection of a dwelling under PA 12/00087/B and 15/00126/B. REPRESENTATIONS - 5.1 The owners of Ballamoar, a building which accommodates three apartments and which abuts the eastern boundary of the site, state that for more than two years their tenants have had to endure the considerable inconvenience of an unsightly builder's yard comprising high mounds of rubble, top soil and builders' waste with unsightly containers and there has also be constant noise and smoke from bonfires. They were under the impression that such a use could only enure for two years and the use should have ceased by May 2018. That should be enforced and the application to continue the use should be refused (31.07.18).
5.2 The owners of 4, 5 and 6, Chapel Court which abut the site to the south all object to the application, reporting that despite not being permitted, bonfires have been lit and material has been deposited close to their properties and dates about cessation of use have been ignored. They suggest that as neighbours they have been forced to endure provocative behavious, broken promises and problems that have blighted their homes for well over two years. The deposit of two containers right alongside number 5 was an unnecessary act. They suggest that the lack of income due to properties being unlettable should be taken into account as they have been advised that their properties' rental value would be diminished by at least £150 per month and query how this matter will be referred to when legal processes demand notification of whether there have been any legal disputes. They are concerned about noise nuisance, with vehicles and work starting at 0700hrs on a Sunday and during high winds, noise can be heard from the container doors banging. They have experienced high levels of stress through having to endure this and submit a number of complaints (03.08.18).
5.3 The owner of Midway House which abuts the site to the north, explain that they have had to put up with two years of inconvenience with rubble and building waste piled high, unsightly and unpleasant and visible from their property., smoke from bonfires and damage to their boundary vegetation. They were horrified to find two containers placed right alongside their boundary which are clearly visible from the lounge windows of Midway House which is undergoing internal redecoration for rent or sale and he is concerned that this may affect the sale/rental value. They recommend that there should be no continuation of the use as a builder's compound (31.07.18). - 5.4 Highway Services indicate that the existing site access arrangements would remain unchanged for the proposals and that the access is served by dropped kerbs and there are site gets set back from the highway. They conclude that there should be no increase in site traffic and parking demand for the development as the works are ongoing and therefore no new highway issues should arise. Highway Services does not oppose the application (06.08.18). - 5.5 No response has been received from Malew Parish Commissioners.
6.1 There is provision, and an expectation, that where building works are approved, there is generally a need for there to be an area where works vehicles can park and material can be temporarily stored. Sometimes site circumstances dictate that these activities can only be undertaken on the public highway and in others, it is possible to have them on-site or on land alongside. The Town and Country Planning (Permitted Development )(Temporary Use or Development) Order 2015 provides for this for a period of two years which is considered a reasonable time for this to carry on. In this case, this period has been insufficient for the works to be completed due to issues with the initial contractor. Whilst containers were initially placed close to the rears of 4, 5 and 6, Chapel Court, these have been removed and one has been relocated to the other end of the site. Whilst this is closer to Midway House, there is significantly more screening and distance between that property and the site and containers than with the Chapel Court properties. It is also relevant that the owner of Midway House explains that that property is currently undergoing redecoration for sale or rental, works which are disruptive to its occupation and that that property is much further from its boundaries with the site than the others abutting it.
6.2 It would not be in the public or the neighbours' interest for Derbyhaven House to remain uncompleted. If the works are to be completed and the site is not to be used for the works vehicles and storage, then it is likely that the front of Derbyhaven House and possibly the public highway will be used for these purposes (with the appropriate consents from the Highway Authority). Given the limited width of the highways in the vicinity, there is not much room for construction vehicles, plant and materials to be stored there without inconvenience to other road users and residents of the settlement. - 6.3 As planning approval is required for the continued use of the site for a builder's compound, it is possible to attach conditions to control the way that the site is used where if the use were continuing under the Order, such control could not be exercised. For example the hours of activity, locations of storage. It is considered, given the proximity of existing dwellings, that it would be appropriate to ask for the separation of parked vehicles and stored material from the rears of the closest properties - certainly 4, 5 and 6, Chapel Court and the erection of fencing to achieve this. It is also considered relevant to consider hours of operation: if people were not allowed to access the site for purposes associated with the builder's compound or to use it as such, other than between the hours of 0800hrs and 1900hrs Monday to Friday inclusive and 0800 - 1300hrs on a Saturday with no working or use on Sundays or Bank or Public Holidays, this may help reduce the impact on those in neighbouring property together with a limitation on the use to no later than 31st March, 2019.
7.1 It is recommended that the application is approved subject to conditions referred to above which the applicant has indicated he would accept. 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:
8.2 The decision maker must determine:
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:…17.09.2018
Signed :…………S CORLETT……….. 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. : 18/00710/C Applicant : Brian Douglas Proposal : Use of part of field as a builder's compound until March 2019 to implement works to adjacent Derbyhaven House (retrospective) Site Address : Field 434022 Derbyhaven Isle Of Man Principal Planner : Miss S E Corlett Presenting Officer As above Addendum to the Officer’s Report
The Committee approved the application, subject to the amendment of two conditions which were proposed for amendment by the reporting officer:
C1. The site may continue to be used as a builder's compound associated with the approved development works to Derbyhaven House only until 31st March, 2019 whereupon the site must be cleared of all materials, vehicles and plant and the site returned to a grassed area.
Reason: to clarify the extent of the approval.
C2 Prior to 25th September, 2018 temporary fencing must be erected 4.5m from the rear boundaries of 4, 5, and 6, Chapel Court and Traa di Lioaar, Ballamoar, Cass na Howin and Beachway and with these areas no vehicles, material or plant may be parked or stored and it may not be used for builder's compound purposes.
Reason: to protect the living conditions of those in these properties.
Reason: To limit the impact of the proposed use on the living conditions of those in adjacent property.
Plans/Drawings/Information This decision relates to the drawings and plans received on 9th July, 2018.
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