Loading document...
Application No.: 18/00727/A Applicant: Mr Robert Jones Proposal: Approval in principle for the erection of a detached dwelling with garaging Site Address: Land To Rear Of Olinda South Cape Laxey Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.10.2018 _________________________________________________________________
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)(No2) Order 2013.
Reason: To safeguard a statutorily protected species.
This approval relates to the submitted documents and drawings all received on 13th July 2018 and 31st August 2018. _______________________________________________________________
None _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land that is located between existing residential development in the South Cape area of Laxey. The site is accessed via a private lane, which serves a number of other properties.
2.0 THE PROPOSAL - 2.1 The planning application seeks approval in principle for the erection of a dwelling on the application site. All matters are reserved for a future detailed planning application.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, several of which are considered specifically material to the assessment of this current planning application. Between 1987 and 1996, three applications sought and gained approval for the erection of a dwelling of varying designs on the application site. Between 2000 and 2014, five separate applications gained Approval in Principle for the erection of a dwelling on the application site. The most recent of these, PA 16/00687/A, expires on 23rd August 2018 (currently application submitted prior to this date).
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area of predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general." - 4.2 Under the Draft Area Plan for the East the site is designated as residential. - 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states in part: "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:
5.1 Garff Commissioners recommend that the planning application be approved (received on 20.07.2018). - 5.2 The Department of Environment, Food and Agriculture's Senior Biodiversity Officer highlights the high possibility of finding dark bush crickets, which are protected under the Wildlife Act, on the application site. They suggest that condition no. 3 of previously approved planning applications 12/00834/A and 10/00655/A, which require an appropriate survey, should be repeated. - 5.3 Department of Infrastructure Highway Services comments (10.08.2018): "The application form confirms that all matters are to be reserved for consideration as part of a future planning application for the site.
The application site would be large enough to accommodate a dwelling and site parking/turning facilities to comply with the parking standards in 'The Isle of Man Strategic Plan 2016' which requires 2 spaces for a dwelling.
Vehicular and pedestrian access to the site would be via the existing private lane off the public highway of Ballacollister Road. The private lane provides vehicular access to the rear of several properties in the vicinity which also have vehicular and pedestrian access to the property frontages. The site is located at the end of the private lane and therefore there would be good forward highway visibility for motorists exiting the site. There would be limited visibility to the right which is below current visibility standards, but this part of the lane only serves one existing dwelling, which also appears to have a second access off Ballacollister Road, so the number of traffic movements should be very limited.
Highway visibility at the existing junction of the private lane with Ballacollister Road is poor in both directions and significantly below current visibility standards. The proposed dwelling would result in additional traffic using the private lane and this sub-standard junction but is considered unlikely to create a significant traffic impact.
The private lane varies in width but is approximately 3m wide and can only accommodate single file traffic. It has no separate footway and is therefore effectively a shared surface route. The UK Department for Transport's 'Manual for Streets' document states that "widths between 2.75m and 3.25m should be avoided in most cases, since they could result in drivers trying to squeeze past cyclists". There is no specific guidance in this document for the minimum road width for a car to pass a pedestrian but it is considered similar to a vehicle passing a cyclist.
The 'Manual for Manx Roads' (MfMR) design guide was first published on 3/5/17 after the previous 16/00687/A planning approval was granted for the site. It specifies a carriageway width for a shared surface of generally 4.8m minimum, and localised narrowings to 3.7 m for short distances on straight sections, but mentions that an unobstructed pedestrian corridor must be maintained. For a private street, the MfMR requires a road width of at least 4.1m wide when accessed off a local access road.
The MfMR states that "these criteria are intended for guidance only, and the Department would be willing to consider proposals that depart from them as long as the developer can produce reasoned justification for such departure." The applicant is therefore requested to provide such a justification for this application.
The Fire Service requires a minimum road width of 3.7m to serve a new development which cannot be achieved along the full length of the private lane. It is therefore recommended that the Fire Service is consulted on the proposals. Alternatively, the applicant should provide a swept path analysis for a 2.6m x 8.6m fire appliance on a suitably scaled plan to demonstrate that a fire engine can access the site, turn around and egress the site. A highway design consultant would be able to provide swept path analysis using AutoTRACK software. It should be noted that the existing properties that have rear access off the private lane all have frontage access in the event of an emergency which would not be the case for the proposed dwelling.
A swept path analysis for a large refuse vehicle, which is 10.5m in length, would be needed to demonstrate that appropriate refuse collection could be achieved for the proposed dwelling. Alternatively, suitable refuse collection arrangements should be discussed and agreed with the refuse collection authority and submitted for highway approval.
For the reasons described above, the narrow width of the existing private lane is a highway concern and the application does not demonstrate that it would be possible to provide safe and adequate access for the proposed dwelling. The current proposals cannot therefore be afforded highway support.
Highway Services request that the application is deferred to allow the applicant to consider the above.
Recommendation: DEFER"
6.1 In terms of basic principle, the proposed use accords with the land use designation of the application site. Furthermore, it can be seen that planning approval in principle has been granted numerous times. As such, it is concluded that the basic principle of residential development is acceptable. - 6.2 As for site specific impacts and acceptability the application site is clearly of a size that is capable of accommodating a dwelling without causing undue harm on public or private amenity. The application site has existing vehicular access and there are no known problems with providing appropriate drainage. The potential presence of Dark Bush Crickets has been previously raised and can be suitably addressed by condition requiring a survey prior to the submission of any reserved matters planning application. Indeed, the request from the Department of Environment, Food and Agriculture's Senior Biodiversity Officer to repeat condition no. 3 of previously approved planning application 16/00687/A is appropriate. - 6.3 It is noted that Highway Services main issue relates to the width of the private road and whether larger vehicles can be accommodated. However, since the previous approvals, Manual for Manx Roads has been published by the DOI and therefore new standards have been implemented. Highways make a number of comments and this application does not provide the information sought. However, as this application is not seeking any matters to be determined now, other than the principle of single detached dwelling, it is considered the application can be approved on this basis, but acknowledging any future detailed application would need to address the points raised by Highway Services.
7.1 It is recommended that the planning application be approved. - 8.0 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 10.10.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
Copyright in submitted documents remains with their authors. Request removal
