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Application No.: 16/00354/A Applicant: Trustee's Of Ruth Hardy Deceased Trust Proposal: Approval in principle for the erection a detached dwelling within grounds of existing dwelling and relocation of vehicular access addressing siting, means of access and landscaping Site Address: The Quadrant Phildraw Road Ballasalla Isle Of Man IM9 3EG Case Officer : Miss S E Corlett Photo Taken: 14.04.2016 Site Visit: 14.04.2016 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is partly the existing residential curtilage of an existing dwelling, The Quadrant together with a paddock to the south. All of the site is designated on the Area Plan for the South adopted in 2013 as Proposed Low Density Housing in Parkland together with all of the land to the south west to the Silverdale Road, some of which is existing and some proposed. - 1.2 Phildraw Road is characterised by a mix of dwellings, many large dwellings in their own grounds and some smaller properties close to the highway, some dwellings, some older stone barns and with
1.3 The Quadrant is situated to the rear of the overall area, with an access across the northern end of the site leading out onto Phildraw Road. There is a tree immediately to the north of the access with a building immediately to the north, the latter not within the ownership of the applicant. This building and the tree trunk are set back from the road by 1.15m and 400mm respectively. THE PROPOSAL
2.1 Proposed is the retention of The Quadrant in a larger curtilage but the provision of a new access further south on the frontage which will also serve a new dwelling which is proposed in principle, the siting and landscaping of which are shown in detail. The existing access serving The Quadrant is to be blocked off. - 2.2 A number of trees are to be removed to facilitate the visibility splays required (68m to the north and 83m to the south). The new access will be positioned in the centre of the frontage. From there the access will enter the site for a length of 20m where it splits to serve the new dwelling and The Quadrant. The two curtilages roughly split the site in half - one to the north and the other to the south. As initially proposed, the tree alongside the building to the north of the application site was to be removed. Following discussions between the applicant, the planning office, the Forestry Officer and the highways division, the plans have been amended to retain this tree.
2.3 The new house will be positioned as far back from the highway as is Langdale, the existing house to the south west, further forward than is The Quadrant. New tree and shrub planting will be introduced along the boundaries of the site and between the two new curtilages. PLANNING POLICY
3.1 As the site is designated as Proposed Low Density Housing in Parkland, development is required to accord with Planning Circular 8/89 which includes the requirement for dwellings to sit comfortably in their own acre of landscaped grounds acknowledging existing trees and contours and that dwellings should be substantial and finished to the highest quality. - 3.2 The general standards of development set out in the Strategic Plan are also applicable as follows:
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:
4.1 Planning approval was refused for the principle of the demolition of The Quadrant and its replacement with three dwellings, under PA 08/02056/A. The issue was not the principle of the development but the ability to provide a safe means of access. This proposed a new access in a similar position as that proposed currently, but with a small visibility splay and the retention of a number of trees which are shown on the current application as being removed. |The Minister's decision to refuse the application was taken without prejudice to: "an application which
4.2 The inspector states in these paragraphs that the appropriate visibility standard here, taking into account the speed of traffic is 90m taken from a point 2m back into the site and measured along the nearside of the carriageway. He goes on to state that "this visibility is not attainable within the land controlled by the Appellant. Furthermore, beyond the northern boundary of the sit a large tree curtails any further visibility. This is shown on the plans as being outside the site, but even if in the control of the applicant, it is the one tree on this frontage which makes a contribution to the rural character of the area which could not be beneficially replaced in a landscaping scheme. Even were it to be removed, a building stands a on the roadside in the adjacent field, again curtailing visibility" (his paragraph 35).
REPRESENTATIONS
5.1 Department of Infrastructure Highway Services recommend that if the application is to be approved the following conditions should be attached:
Visibility to the left is shown as 2.4m x 68m to a vehicle that would be in an overtaking position; oncoming traffic on the correct side of the road would be visible at a greater distance. 70m is one step below the required standard of 90m and is acceptable".
5.2 Malew Parish Commissioners indicate that they do not object to the application (07.04.16). - 5.3 The Planning Office consulted DEFA's Forestry Officer in respect of the comments made about the earlier application. Their view is that if the building alongside the tree which was singled out as contributing positively to the streetscene also obscures visibility, could this mean that the tree could be retained? He also suggests that whilst this tree was identified as having particular merit, since that time the other hedgerow trees have probably grown and become more prominent and also that care should be taken regarding changes in ground levels in respect of the root systems of trees to be retained (13.04.16). - 5.4 Occupiers of Langdale, Phildraw Road: Dwelling is disproportionate to width of plot and consequently too close to Langdale and not in keeping with the 'Parkland' designation. Also have concerns regarding adequate drainage in the area. (5.5.16) ASSESSMENT
6.1 The issues in this case are whether the provisions for access would result in a safe means of getting in and out of the property without any adverse impact on road safety for those in vehicles or on foot (as there is no footway along the highway), whether the proposals meet the land use designation, and whether the proposals would result in any adverse visual impact particularly in respect of the removal of trees. - 6.2 Now that the tree at the northern end of the site is to be retained, it is considered that the scheme addresses the concerns of the previous inspector in terms of tree removal and visibility splay, as clarified by the Highways Division. - 6.3 The site is clearly designated for a type of development which is understood to be highly desirable within the Island. the plots do exceed the acre in size as required by the policy. The neighbour indicates that the size of dwelling is disproportionately large and consequently too close to their property. It is unusual for an application for an approval in principle to include floorspace sizes particularly without a design to show how that level of floorspace is to be accommodated. Indicating a size would imply nothing large or smaller could be approved at reserved matters stage, which is wholly inappropriate when the design and external appearance is yet to be considered. As such it is felt more appropriate to condition that no approval is given for the size of property so that this can be properly tested at reserved matters stage.
6.4 Concerns have also been raised regarding drainage of the site, but this is more appropriately dealt with by building control.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
The owner/occupier of Langdale, Phildraw Road should be awarded party status due to the physical relationship of the site and their property.
The Forestry Office is within the same Department as the planning authority and as such 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.
Recommendation Recommended Decision: Permitted Date of Recommendation: 18.07.2016 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.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
Reason: The size and floorspace of the proposed dwellings, and the impact thereof, can only be properly assessed at the time detailed matters including the design and external appearance are submitted as part of a reserved matters application.
This approval relates to drawings P/10-01 and P/10-02 both received on 23rd March, 2016 and P/10-03A and P/10-04A received on 28th June, 2016.
I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 25.07.2016 Determining officer
Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control
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