Officer Report

Application No.: 16/00195/REM Applicant: Mr Christopher Oates & Mrs Bernice Oates Proposal: Reserved Matters Application relating to PA 14/01201/A for erection of a detached dwelling, addressing siting, design, external appearance, internal layout, means of access and landscaping Site Address: Land forming part of 18 Ballastrooan Colby Isle of Man IM9 4NR Case Officer : Mr Edmond Riley Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE OWING TO THE PLANNING HISTORY OF THE SITE

1.0 THE APPLICATION SITE - 1.1 The application site is part of the garden associated with 18 Ballastrooan, Colby. 18 Ballastrooan is at present the last property at the end of the cul-de-sac, 18 Ballastrooan is accessed from the highway in front of the dwelling. The cul-de-sac is on the western side of Ballastrooan, the application site is adjacent to The Colby Pump, which is identified as an area for further housing on The Area Plan for the South and which has approval for the construction of a dwelling and, although works have started, at the time of the site visit they appeared to have halted. - 1.2 The site is as noted currently garden associated with 18 Ballastrooan, there is a large mature Sycamore on the piece of land. The Colby Pump site has a number of mature trees. The Colby Pump site is accessed via an existing lane; this lane would also provide access to the application site.

2.0 PLANNING HISTORY - 2.1 The site and its surroundings have a lengthy and somewhat controversial planning history: PA 00/01367/B Creation of vehicular access - APPROVED

This application was to provide access to The Colby Pump Site which will also provide an access to the application site.

PA 02/02087/A Approval in principle for the erection of five detached dwellings - REFUSED This application was for The Colby Pump site. The application was refused for the following reasons:

• "R1. The site is zoned for one dwelling in the Arbory and East Rushen Local Plan and the proposal would therefore be contrary to the provisions of the adopted plan for the area."
• "R2. Notwithstanding the zoning of the site, it is considered that the construction of five dwellings on the site would result in an over development of a limited site and the loss of a number of trees which currently make an important contribution to the amenity of the area and wildlife."

PA 05/92216/B Erection of a dormer bungalow with sun lounge and integral garage - APPROVED This application was also for The Colby Pump site but was never implemented.

• PA 07/00130/B Erection of a two storey dwelling and garage - APPROVED This application was also for The Colby Pump site but was never implemented.
• PA 08/00546/A Approval in principle to erect a garage, extend residential curtilage and removal of tree - REFUSED

This application was for 18 Ballastrooan and included the application site. It was refused for the following reason:

"R1. The tree which would be removed as part of the proposed development is part of a group which contributes positively to the character and amenity of the area. In addition, the tree provides roosting and feeding habitat for bats which are protected under the provisions of the Wildlife Act 1990."

PA 10/01368/B Erection of a detached dwelling with attached garage - APPROVED This application was for The Colby Pump site and appears to be that which the dwelling here is being constructed in line with. PA 13/90980/B Erection of three detached dwellings - REFUSED This application was for The Colby Pump site. It was refused for the following reasons:

• "R1. The proposal is out of character with the wooded nature of the site and to the provisions of the Area Plan in respect of the amount of trees which would be lost as a result of the proposal, particularly at the western edge of the site, and the amount of built development which would result in the loss of natural green space, to the detriment of the ecological value of the site."
• "R2. It is considered that the outlook and amenities of the occupants of plot 3 are likely to be unacceptable due to the proximity of the trees to the south."

2.2 Of most relevance, though, is the Approval in Principle granted to PA 14/01201/A, which sought for a single dwelling on the site: all matters were reserved. The case officer's assessment of that scheme read, in full, as follows:

• "6.1 The key considerations in the assessment of the application are the land use designation, the impact upon the amenities of the neighbouring properties, the impact upon the character and appearance of the street scene, impact upon trees and wildlife and impact upon highway safety.
• "6.2 The site is within an area identified as predominantly residential. Colby is classed as a village in the Isle of Man Strategic Plan under Spatial Policy 4. Strategic Policy 2 and Spatial Policy 5 directs new development to defined settlements which Colby is one of. The principle of residential development is therefore acceptable.
• "6.3 Strategic Policy 1 indicates that development should make the best use of resources by optimising unused and under-used land. The application site at present is part of the garden associated with 18 Ballastrooan this forms a large garden to the side of 18 Ballastrooan. While the application site would result in a large area of 18 Ballastrooan's garden being lost, both 18 Ballastrooan and the application site would have a similar sized curtilage to the other properties within Ballastrooan. While both 18 Ballastrooan and the application site would have a low level of

• outdoor amenity space it is considered that the remainder of Ballastrooan has a similar density. Strategic Policy 1 of the Isle of Man Strategic Plan encourages the use of under-used land.
• "6.4 The closest neighbouring property to the application site is 18 Ballastrooan. There is also planning approval on The Colby Pump site for one dwelling, the owner of the site has advised that this is under construction. Any development on the application site has to be mindful of the amenities of 18 Ballastrooan, Woodlea (14 Ballastrooan) and the property on The Colby Pump site. It is considered that a modest dwelling could be accommodated on the site without having an adverse impact upon the amenities of neighbouring properties.
• "6.5 The owner/occupier of Woodlea, 14 Ballastrooan has objected as they feel that a development would result in a loss of privacy of their property and that the proposed development appears to be too close to the shared boundary. The footprint as shown on the site plan is indicative and any reserved matters will have to be mindful of the adjacent properties and the impact upon the amenities of those adjacent properties.
• "6.6 The application site is located at the end of the cul-de-sac, the site is similar in size to the other sites in the street scene and therefore it is judged that a modest dwelling could be accommodated on the site without having an adverse impact upon the street scene.
• "6.7 The development of the site is likely to result in the loss of the mature Sycamore tree which is located on site. PA 08/00546/A was for the approval in principle to erect a garage, extend the residential curtilage and removal of the tree. This application was refused as it was considered that the removal of the tree which contributed to the character and amenity of the area would be unacceptable. It was also felt that the loss of the roosting and feeding habitat for bats was unacceptable.
• "6.8 This proposal also indicates that the tree would be lost as part of any development and therefore it is important to seek the views of the Arboricultural Officer and also the Senior Biodiversity Officer. The applicants have consulted with both officers prior to submitting the application and have included the emails from both officers as part of the application.
• "6.9 The Arboricultural Officer has indicated that the tree is adjacent to a registered tree area 0989 but the area does not include this Sycamore. He states that the tree has some merit from the point of view of visual amenity. But goes on to say that there are two substantial wounds on the main stem and there are signs of root damage. Both of these suggest that there is decay within the main stem and roots.
• "6.10 In conclusion the Arboricultural Officer did not believe the Department of Environment, Food and Agriculture would object to the propose development on the grounds of reduced visual amenity caused by the loss of the Sycamore.
• "6.11 Given that there are a number of mature trees within The Colby Pump site which are within the registered area it is considered that the loss of this tree would not have an adverse impact upon the visual amenity of the area, however Department of Environment, Food and Agriculture would be against the loss of any tree or trees in Registered Area 0989.
• "6.12 The Senior Biodiversity Officer has visited the site, he notes that there is bat activity in the area but no roost was present in the tree on the date visited. The Officer goes on to conclude that the removal of the single sycamore for development would not be significantly damaging to nature conservation if the other mature trees in the area are retained thereby providing the sheltered foraging habitat currently used by bats in the woodland and surrounding gardens. The Officer notes that there is a recorded roost adjacent and others known in the vicinity.
• "6.13 It is considered that the tree does have some merit in terms of visual amenity and also for feeding habitat for bats, however, the loss of the one Sycamore is not considered to have an

• adverse impact on either the visual amenity of habitat overall and therefore on balance the loss of the tree is considered to be acceptable.
• "6.14 At present the site does not have an access onto the highway, the reserved matters application would deal with the access to the site. Highway Services are satisfied that an access could be provided in the front boundary and sufficient visibility splays could be achieved. The visibility splays could be provided over land which is within the ownership of the applicant.
• "6.15 For the above reasons the application is considered to be acceptable and is recommended for approval."

The conditions attached related solely to the timing and particulars of when and what reserved matters should be sought.

4.0 THE DEVELOPMENT PLAN - 4.1 The application site is within an area zoned as "Predominantly Residential" identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider Strategic Policy 1, Strategic Policy 2, Spatial Policy 4, Spatial Policy 5, General Policy 2, Environment Policy 3, Environment Policy 42 and Housing Policy 4 of the Strategic Plan. - 4.2 The application site includes part of Site 16 as identified on The Area Plan for the South. There is a Development Brief for the site which states:

• 1. Housing Numbers will be dependent upon an adequate vehicular access and the findings of a tree survey.
• 2. Any further application on this site must be accompanied by an accurate tree survey which includes;

• a) Identification of all of the trees within and bordering the site and their canopy spreads; and
• b) Details of the health and characteristics of those trees, and measures for their protection during and after construction.

• 3. Any design scheme submitted as part of any further application must include a planting and management plan which indicates a future programme of complementary tree planting and reinforcement of the existing wooded areas.
• 4. Prior to the submission of any future planning application the appropriate Biodiversity Officer at the Department of Environment, Food and Agriculture must be consulted with regard to the requirements of the Wildlife Act 1990 in respect of bats and their roosts.
• 5.0 REPRESENTATIONS

5.1 Highway Services, in comments received 26th February 2016, commented as follows: "Nothing must be planted or erected within visibility splay which may exceed 1.05 metres in height." - 5.2 Arbory Commissioners, in a letter received 21st March 2016, offered no comment on the application. - 5.3 The owner/occupier of Colby Croft, Glen Road, Colby, who is also the owner of the land adjacent on which a dwelling has been started, objects to the proposal in comments received 1st March 2016. They raise concern with respect to the access and the fact there will be no visibility to the west when exiting owing to the existing timber fence (which "is crucial to provide privacy"), and also identify they have given no permission for the pedestrian access onto their land. They wish for clarification in respect of the foul waste water from the proposed dwelling and identify no permission has been granted for these or any other services to be connected or routed through their property. They identify the soakaway at a distance of less than 5m from the driveway to the property under construction is not suitable.

• 5.4.1 The owner/occupier of Builders Yard, Main Road, Colby also the owner of the adjoining site, object to the application in comments received 8th March 2016. They note their disappointment that their concerns were not addressed in this detailed submission, with no improvements made to the visibility that could have been achieved with a more imaginative and creative design, requesting that the application be refused on grounds of safety.
• 5.4.2 In separate correspondence (received 11th April 2016), they withdrew comments made two days prior that stated a masonry pillar that would have to be removed in order for the applicant to comply with the visibility splay, which they would not allow to be removed: however, in the later comments they not the pillar is not within the visibility splay and apologise for any inconvenience caused.

5.5 It is worth noting some of the concerns raised by a neighbouring property owner to the application seeking Approval in Principle, as these remain material to the current application even though no comments have been received from this address on this occasion. The comments were summarised by case officer as follows:

"The owner/occupier of Woodlea, 14 Ballastrooan, Colby, in a letter received 18th November 2014, comment on the application. They object to the application as they feel that their garden may be overlooked by such a development. They feel that this would lead to a loss of privacy and feel that the proposed building is unacceptably close to the shared boundary. They have concerns that the removal of the mature tree should be viewed in the context of the considerable number of trees that have already been felled in the area. The removal of the sycamore would be a further loss of natural habitat for wildlife and a further loss of visual amenity. They believe that the erection of a dormer bungalow would represent an overdevelopment of the site and the estate. The estate road is already becoming quite awkward to drive through as people park along the roadside. They mention the previous application for the site which was refused PA 08/00546/A. They feel that the reasons for refusal of that application would apply equally to this application if not more so."

- 6.0 ASSESSMENT

6.1 It should be remembered that the principle of a new dwelling has already been found acceptable on this site. Therefore, what remains for consideration is the detail; as all matters were reserved from the 2014 application, the matters for consideration now are: (i) Siting, (ii) Design; (iii) External Appearance; (iv) Internal Layout; (v) Means of Access, and (vi) Landscaping. Siting

6.2 The new dwelling is proposed to be located just 2.7m from no.18 Ballastrooan, which is within the applicant's control. The two dwellings - existing and proposed - have blank gables that would face one another and so there would be no direct overlooking issues in that sense. The new dwelling would almost continue the building line of no.18 and so there would be a pair of gardens alongside one another at the rear. Though this would have an impact on the enjoyment of the gardens of no.18 to the greatest extent (and nos.12a and 14 to the rear to a much lesser extent), the area in general is residential and an additional dwelling and associated garden would not unduly harm the living conditions of people living nearby. - 6.3 The concerns raised by the owners of no.14 previously in respect of privacy are understood, particularly as the land previously undeveloped to the south of their dwelling now has planning approval for two dwellings and implementation of these will reduce their outlook and privacy levels. The distance of 14m to the dwelling proposed from no.14 should be noted, as should the fact the dwellings would be at an angle, while it is also to be remembered that the garden associated with no.18 already backs onto no.14. There is of course the argument that just because there are already existing gardens sitting alongside no.14 is not reason enough to allow an increase in the 'enclosure' that might result. However, the area is residential in nature, the site is zoned for such

• use, and while there is sympathy with the concerns of the owners of no.14 in terms of the impact the proposal will have, it remains the case that they also have a (proportionally) large garden and the impact on the living conditions resulting from the proposed dwelling, even collectively with that adjacent, could not be said to be at a level so significant as to warrant the application's refusal.
• 6.4 The new dwelling would also be roughly 16m from that which is under construction at the rear of the Colby Pump. (It is not possible to be certain as the application has unfortunately not been submitted with plans showing the location of that dwelling.) The angles would be oblique, however, and there are trees within the site identified in the latter application that would be retained. The nearest element would be the attached garage and it is judged that the resulting relationship between the two dwellings would be sufficiently comfortable. Were the proposed dwelling to not fill the width of its plot, this relationship would of course be improved somewhat. It is noted that the people with an interest in that under construction dwelling have not objected on this ground.
• 6.5 The dwelling is quite large for its plot and the associated garden will be small: to some people, the addition of the garage would be an unnecessary element taking up valuable garden land, but this is by no means a reason to refuse the application. Design, External Appearance and Internal Layout
• 6.6 The design of the dwelling is uninspiring. It is, however, simple in form and detail with proportionate fenestration to some elevations and materials / finishes reflective of Ballastrooan. While a site capable of accommodating a single dwelling such as this often offers the opportunity for a more exciting, bespoke design, a contextual approach is not always inappropriate. In this, the design and appearance of the proposed dwelling is judged to be in keeping with the context of the area and therefore in compliance with General Policy 2, Housing Policy 6 and Environment Policy 42.
• 6.7 The internal layout shows three bedrooms (one en-suite) and a bathroom at first floor along with a large lounge, a kitchen-diner and attached garage at ground floor. The internal space to be provided is sufficient and adequate. Means of Access
• 6.8 Although this in itself was not for consideration under the previous application, it is selfevident that only one access could be provided to the site - via the access lane off which 18 Ballastrooan and also the Colby Pump dwelling are also accessed. This is not an adopted road although the red line of the application site does not include it, but there is apparently a right of way over this land to the application site.
• 6.9 Highway Services seek nothing being placed / erected in the visibility splay although since none has been shown it is not clear how or why a condition would be needed, especially since only two dwellings would be accessed off the lane itself. Vehicle movements would be limited here in both quantity and speed. No objection is raised on this ground and no condition is recommended. Landscaping
• 6.10 No details on this or boundary treatment (with the exception of an annotation to the northeastern boundary of "new vertical timber panel fence", and others stating "grass" and "drive") have been provided with the application. It is not, however, considered central to the application's acceptability and a condition seeking full details of this is recommended accordingly as full details will be needed before the development can proceed.
• 6.11 The loss of the tree remains lamentable but its removal was approved under the Approval in Principle and so it has a de facto felling licence.

- 7.0 RECOMMENDATION

7.1 In view of the favourable findings in respect of the material considerations, it is concluded that the application is acceptable and should be approved accordingly. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) Highways Services of the Department of Infrastructure; and
• (e) The local authority, Arbory Parish Commissioners in whose district the land the subject of the application is situated.

8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. - 8.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:

• - The owner/occupier of Colby Croft, Glen Road, Colby, who is constructing a dwelling on the Colby Pump site, and
• - The owner/occupier of Doagh Close, Main Road, Colby and The Builders Yard, Main Road, Colby, who own the Colby Pump site.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 11.05.2016

• C 1. The development hereby approved shall be begun before 22nd December 2018.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs as appropriate; details of the hard surface treatment of the open parts of the site, and a programme of implementation.

All hard and/or soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and/or re-enacting that Order with or without modification), no extension, enlargement or other alteration of the dwelling(s) hereby approved shall be erected; and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved without prior submission and approval of a further planning application. Reason: To control development in the interests of the amenities of the surrounding area.

The development hereby approved shall not be carried out except in accordance with Drawings 15/44/01 and 15/44/02, both date-stamped as having been received 19th February 2016.

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 : Approved; Committee Meeting Date:23.05.2016

Signed : E Riley 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

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