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Application No.: 16/00509/B Applicant: Mr Andrew & Mrs Christina Eastlake Proposal: Erection of two detached dwellings with associated driveways and parking and formation of a public pavement (amendment to PA 12/01486/B) Site Address: 41 Groudle Road Onchan Isle Of Man IM3 2EF Case Officer : Miss Abigail Morgan Site Visit: 30.06.2016 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 Groudle Road is a residential street. The site originally accommodated a dwelling but it has been demolished (the report to the 2012 planning application to redevelop the site with two houses suggested that demolition had taken place 'relatively recently'). The site has grassed over and has the appearance of a vacant plot of land. It is situated behind a hedge bank and tree although there is an opening onto the road that provides access to the site. The site is surrounded by neighbouring dwellings on both sides and at the rear. There are further dwellings to the other side of Groudle Road to the north.
2.0 THE PROPOSAL - 2.1 The proposal comprises the erection of two dwellings with associated parking on the application site. - 2.2 This current planning application effectively seeks planning approval for the development previously proposed, with a change to house types/designs. - 2.3 Both houses are 7.9m high, with fully hipped roof, x 13m deep x 10.8m wide. The foot print of each house takes up apx 30% of the plot area. - 2.4 The materials are proposed to be natural slate roof, predominantly white painted render with areas of clay brick with grey powder coated aluminium double glazed windows and doors.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of the current planning application: - 3.2 Planning application 06/00090/A sought planning approval in principle for the demolition of an existing dwelling and the erection of two detached dwellings on the application site. This previous planning application was approved on the 19th May 2006. A subsequent appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with appeal approval decision issued with amended conditions on the 1st November 2006. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application. - 3.3 Planning application 06/01088/B sought planning approval for the demolition of the existing dwelling and the erection of a new detached dwelling on the application site. This previous planning
"The proposed development would cause significant harm to traffic and pedestrian safety by virtue of the failure to incorporate works to create satisfactory visibility at the proposed points of access/egress, or to resolve the lack of footway provision along part of the site frontage. The proposal would as a consequence conflict with the provisions of parts (h) and (i) of General Policy 2 of the Isle of Man Strategic Plan."
3.5 Planning application 12/00531/B sought planning approval for the erection of two dwellings with associated parking on the application site. This previous planning application was deemed withdrawn on the 21st May 2012 following the applicant's failure to provide correct drawings and requested information within a timely manner. - 3.6 Planning application 12/01486/B was granted in December 2012 for the erection of two dwellings. With the exception of two key differences this planning application effectively seeks planning approval for the development previously proposed, and refused, by previous planning application 11/00292/B. The two key differences are i) the correction of previous discrepancies within the submitted drawings (the drawings for this current planning application correctly show floor plans that tally with elevations); and ii) the inclusion of an additional piece of land within the application site to allow the continuation of the pedestrian footway along Groudle Road.
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/19 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings." - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains several policies that are considered specifically material to the assessment of this current planning application. The main policies direct new housing within existing towns and villages and General Policy 2 requires that proposed developments do not adversely affect the character of the surrounding landscape or townscape. It also requires that development does not adversely affect the amenity of local residents or the character of the locality. - 4.3 Strategic Policy 1: Development should make the best use of resources by:
4.4 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
4.5 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
4.6 General Policy 2 states: "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:
5.0 REPRESENTATIONS - 5.1 Onchan District Commissioners recommend that the planning application be approved. 25.05.16. - 5.2 DOI Highways Division do not oppose the planning application, subject to the following conditions;
5.3 The owners and/or occupants of 28 Fairway Close, which directly adjoins the application site to the rear, object to the planning application. The grounds for their objection can be summarised
6.0 ASSESSMENT - 6.1 The planning application seeks planning approval for the erection of two dwellings with associated parking on the application site. In terms of assessment it is appropriate to first consider the principle for erecting two dwellings on the application site and then if that principle is accepted to examine the site specific impacts of the two proposed dwellings. PRINCIPLE OF DEVELOPMENT
6.2 It has been previously assessed that the principle of development is acceptable, with the previous approval, without causing undue harm to local residential amenity and also without causing undue harm to the natural environment. - 6.3 In respect of the principle of erecting two dwellings the two main issues are a) the application site is located within an area of predominantly residential use under the relevant local plan; and b) there has been previous planning approvals for the erection of two dwellings on the application site. On the basis that the provisions of policy O/RES/P/19 and General Policy 2 set out that the general principle of new residential development within existing residential areas is acceptable and that the previous planning approval was fully examined through a planning appeal it is concluded that the principle of erecting two dwellings on the application site is acceptable. Furthermore, that conclusion has been more recently supported by the conclusion (paragraph 31) of the appointed Planning Inspector for the appeal against the approval of previous planning application 11/00292/B. - 6.4 With the principle of development concluded to be acceptable it remains necessary to examine the site specific impacts of the two newly proposed dwellings, which are different in character and design than the previously approved ones. In terms of this the three main issues to consider are the impact of the proposed development on living conditions of neighbouring properties, character of the area and highway safety. IMPACT ON SURROUNDING AREA - 6.5 In terms of the impact of the proposed development on character of the two primary issues to consider are whether the proposal represents an over-development of the application site and whether the appearance of the proposed dwellings within the overall street scene is acceptable. These issues have been previously examined, in the course of considering a number of applications, and it was concluded that the proposed development would not cause any significant harm to the character and appearance of the street scene or of the area and that two dwellings can be accommodated on the site without giving the impression of over-development. There are no significant changes to this proposal which would give grounds to reach a conclusion contrary to those previous conclusions. The proposed development is not considered to be over-development of the application site. - 6.6 When considering the appearance of the proposed dwellings within the overall street scene it can be seen that the area surrounding the application site contains a variety of different sizes and designs of dwellings. From this it is clear that there is no predominant style of dwelling to follow when designing for the application site. The principle of two storey dwellings was established in the 2006 application and appeal. More recently, the appointed Planning Inspector for the appeal against the approval of 11/00292/B acknowledged this at paragraph 32 of their report and in 2012 a further scheme was consented. As such, it is concluded there are no reasonable grounds to resist the proposed development on the basis the dwellings being two-storey in height. - 6.7 One of the main differences between the previously approved scheme and the current one is one of the dwellings is around the same height but the other is around 1.5m higher. However the hip roof has been designed to minimise its impact (the previous ones were gabled) and to fit in with neighbouring properties. - 6.8 In terms of impact on private amenity the appointed Planning Inspector for the appeal against the approval of previous planning application 11/00292/B concluded (paragraphs 33, 34 & 35) that such impact was acceptable, stating that "the proposal would have no materially significant effect on the living conditions of the occupiers of 39 Groudle Road." and that "The proposal does not conflict in that respect with the provision of part (g) of General Policy 2 of the Isle of Man Strategic Plan which seeks to avoid adverse effects on the amenity of local residents.". While this formed the basis for the consideration of the 2012 application, which was very similar to the 2011 in design terms, it is also considered relevant in this instance. There are no grounds to reach a conclusion contrary to those previous conclusions. The proposed development, albeit being slightly higher, does not result in an unacceptable level of overlooking, overshadowing, overbearing or other
harmful impact on the private amenity of the existing adjoining properties, including 28 Fairway Close. The loss of a view is not a material planning consideration.
6.9 DOI Highways have not objected to the application subject to the two conditions set out above
at para. 5.2, maintaining visibility splays and provision of parking and garaging spaces. On that basis it is concluded that the visibility for the proposed development is acceptable.
6.10 The neighbours to the rear at 28 Fairway Close refer to application 11/00292, being refused, as set out above in section 3 this application was solely refused on highway grounds. The principle of residential development on the site and the impact on neighbours and the area was considered thoroughly. These matters were overcome in the 2012 application and are not considered to an issue here. - 6.11 As part of the proposed development the missing section of pedestrian footway will be constructed. Doing this improves restricted visibility for vehicles egressing onto Groudle Road from Plot B and provides a safe means of passage for pedestrians. The failure to address this issue resulted in the sole reason for refusal of previous planning application 11/00292/B. The construction of missing section of pedestrian footway addresses this issue. - 6.12 The same note and conditions have been put onto the current application with the two requested by Highways. - 6.13 As a result, it is concluded that the planning application complies with Strategic Policies 1 and
7.0 RECOMMENDATION - 7.1 It is recommended that the planning application be approved.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
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.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
Recommendation Recommended Decision: Permitted Date of Recommendation: 07.07.2016 Conditions and Notes for Approval: 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 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
N 1. The developer is recommended to contact the Department of Infrastructure Highways Division to discuss construction requirements and adoption procedures for the pedestrian footway.
This approval relates to Drawing numbers 1603E 01, 861/010, 861/011 and Planning Statement and Photographs date stamped received 6 May 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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