Officer Report

Application No.: 16/00216/B Applicant: Hartford Homes Proposal: Erection of twelve detached dwellings with integral garages incorporating amendments to approved PA 13/91367/B Site Address: Vacant Land At Bradda View Ballakillowey Colby Isle of Man Case Officer : Miss S E Corlett Photo Taken: 01.06.2016 Site Visit: 01.06.2016 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site is an area of a hectare (2.5 acres) which lies at the eastern end of Bradda View within the housing development known as Ballakillowey which lies to the east of the A36 Sloc Road. The land slopes downward by around 10.5m over 150m. The site has around it existing residential development in varying densities: to the west is Bradda View, a development of single and two storey detached dwellings of a similar style at a density of approximately 3.3 dwellings per acre. To the north and east of the site are bungalows of very varying density and size. To the south east of the site is a cul de sac known as Ballakeyll - a group of twelve properties which are single storey, split level and part two stored detached dwellings. Ballakeyll rises up from the Main A7 highway towards the site. Numbers 7 and 8 which back onto the site are largely two storey dwellings. To the south of the site is the curtilage of Greenacres, a large house set in substantial wooded grounds. - 1.2 There are trees and shrubs around the perimeter of the site. A watercourse runs down the western edge of the site. - 1.3 Planning approval has been granted under PA 13/91367/B for the development of an estate of 12 dwellings on this site, which it is now proposed to amend. THE PROPOSAL

2.1 It is proposed to amend the scheme in terms not of the number of units or their general size or massing, but in terms of the design of the units and providing a greater variety of house types within the estate. Provision for access and drainage are as originally approved. - 2.2 As approved, there were twelve houses which had a consistent theme of crisp white render with modern timber cladding, large windows and some stone cladding. Two of the properties were to have hipped roofs, as required by condition (plots 4 and 12). As now proposed the dwellings will have a more traditional finish and appearance, with shaped fascias, vertically detailed windows and stonework and rendered walling under imitation slated roofing.

2.3 There is no tree protection drawing as was submitted and approved with the earlier application. All trees to be retained are as approved in the earlier application, with the addition of the tree between proposed plot 12 and 11 Bradda View which was the subject of contention last time. PLANNING STATUS AND POLICY

3.1 The site lies within an area of Proposed Residential on the Area Plan for the South of 2013. The site is subject to a development brief which states the following: "1. Development proposals must demonstrate there is a mix of dwelling types.

• 2. A design statement must be included with any application to demonstrate that the size, orientation and proximity of the new dwellings, would not detract from the residential environment and amenity of existing neighbouring dwellings to an unacceptable extent.
• 3. The trees to the south of the site are Registered and are a known bat foraging area. Any further application on this site must be accompanied by:

• a. the findings of a Bat Survey undertaken at a suitable time of year, and
• b. an accurate Tree Survey which includes;

• i. identification of all of the trees within and bordering the site and their canopy spreads,
• ii. details of the health and characteristics of those trees, and
• iii. details of how the trees are to be protected against damage during and after the course of construction.

• 4. Any scheme must demonstrate that there are adequate drainage arrangements (particularly in respect of surface water) proposed for the site. The advice of the Isle of Man Water and Sewerage Authority should be sought in this respect.
• 5. The provision of a pedestrian/cycling link to Odin's Way or Carrick Bay View should be considered as part of this development."

3.2 Also, the provisions of the Strategic Plan are applicable as follows:

• i) Strategic Policy 1 which states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
• ii) 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".
• iii) Strategic Policy 5: "New development including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases, the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
• iv) Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
• v) 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:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an adverse effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

• m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) is designed having due regard to best practice in reducing energy consumption."

• vi) Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• b) details of pollution and alleviation measures must be submitted;
• c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
• d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

• vii) Housing Policy 5: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
• viii) Recreation Policy 3: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity pace in accordance with standards specified in Appendix 6 to the Plan."
• ix) Recreation Policy 4: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." PLANNING HISTORY

4.1 Previous planning applications for this site include PA 13/91367/B as referred to above and:

• a) PA 05/92421 - erection of twelve detached dwellings - approved initially and refused at appeal for reasons relating to inappropriately high density of development and the potential for the proposed dwellings to overlook existing adjacent property.

• b) PA 08/00908 - residential estate of five dwellings (inaccurately referring to Heritage Homes Ltd as the applicant - it was Hartford Homes Ltd) - approved initially and refused at appeal for reasons relating to the relationship of the south easternmost dwelling with number 7 and 8, Ballakeyll.
• c) PA 04/02344 - approval in principle for residential development - approved.

REPRESENTATIONS

5.1 Department of Infrastructure Highway Services indicate that they do not object to the application subject to the following conditions:

• 1. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• 2. Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.

Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety (03.03.16).

5.2 Rushen Parish Commissioners have no objection but support Mrs Faragher, Ballakeyll's concerns regarding overlooking. Also her concerns with regard o the two trees behind her house, which are to remain, there is a concern that they could be damaged by the building work or 'accidently' (21.06.16). - 5.3 Department of Infrastructure Housing recommend that consideration be given by the Planning Committee to include a requirement in respect of any approval granted for this site for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing based upon the usual calculation of 3 units (12 x 25% _ 3 units) (10.03.16). The affordable housing has already been provided on an alternative site in the vicinity and Department of Infrastructure no longer seek the provision of further affordable homes in conjunction with this current application. - 5.4 DEFA Fisheries indicate that they have no objections (11.03.16). - 5.5 The owner of 11, Bradda View expressed concern on 20th march, 2016 that he was not aware of any site notice and was alarmed that those who may be affected may not have had the opportunity to comment on the application. The application has been readvertised twice since then, with amended site notices being sent out and displayed. The neighbour goes on to comment that the designs of the houses are more in keeping with the neighbourhood than those originally approved but he remains concerned that the number of houses and their layout adversely affect the pattern of development nearby and resulting in a cluttered impact and perceptions of overdevelopment of the site. He feels that the development contravenes General Policy 2b and g in this respect. In his view, the development should be reduced in number to 8 or 10 and spreading the remaining development more spaciously within the site. He is concerned that the development which is progressing to date is not in accordance with the conditions of the original approval, specifically mechanical excavation has and storage having been undertaken within the protected areas of the trees on site. He remains concerned about the impact of the bridge under the entrance which is close to tree T51 and he also maintains his concern that the boundary of the site in respect to his side boundary has been drawn incorrectly (10.05.16). - 5.6 The owner of 7, Bradda View objects to the application on the basis that the red line running along the north western side of the site is incorrectly positioned and the boundary of the site actually runs along the ditch, not on her side of it (23.05.16).

5.7 The owner of 7, Ballakeyll which lies to the south of the site and south of plots 8 and 9, is concerned that she was not informed about the application (and wishes the Department to reconsider publishing applications in the local press which she feels was an effective way of informing people of applications) and feels she has been unfairly treated by the Department and the applicant. In particular she is concerned that there are now additional windows in the first floor of the houses closest to her and that the houses are completely different from what was approved on appeal (07.06.16).

ASSESSMENT

6.1 The proposal results in a requirement for affordable housing and public open space. Due to the location and nature of the development and the surrounding area, it was considered in the earlier application that neither needs to be provided on this site and could be provided on another, near site being developed by the same applicant. This site in Colby, off Cronk Cullyn is well under way with the affordable units and public open space being included in this development in respect of both that development and that at Ballakillowey. As this has already been delivered, no requirement or legal agreement is required with this new application for the current application site.

6.2 The number and general layout of this site has been agreed and the houses are generally in the same position as previously approved. The critical positions relate to plots 1 and 12 which are closest to the Bradda View existing houses and the two at the lowest point of the site which are closest to the existing houses in Ballakeyll. As now proposed the house on plot 1 is 2.5m closer to the mutual boundary with that property. The house on plot 12 is around 400mm further from the boundary with 11, Bradda View. The houses on plots 8 and 9 at the lower end of the site are in the same position relative to the position of the existing housing to the south, despite the boundary being shown in a different position but still remain clear of the two trees which sit between the proposed house on plot 8 and 7, Ballakeyll.

6.3 The proposed houses are generally lower than previously approved - in the case of plot 8 the proposed house is now 0.6m lower and has slightly smaller windows in the first floor rear elevation. The proposed house on plot 9 is no lower and has a slightly increased mass as the single storey side annex is now a full two storey part of the house. Plot 9 now has a dwelling with three bedroom windows and two bathroom windows on the rear elevation compared with two bedroom windows and a very large expanse of glass serving an upper void area internally. The house on plot 8 has the same number of windows but one of them is smaller than previously approved. - 6.4 The specific concerns raised which do not relate to principles which have already been determined through previous applications, relate to tree protection - trees which may be affected by works shown on the drawings and more generally work on site which is allegedly being undertaken other than in accordance with the approved tree protection measures. No tree protection measures have been provided originally in respect of the new scheme although as approved originally, those measures would be appropriate as the proposed houses are in almost the same locations. Following an on-site meeting, the tree protection measures have been provided and adjusted to provide complete protection of the tree on the boundary between the site and 11, Bradda View. - 6.5 Whilst the concerns of the neighbours are understood, particularly as many of these concerns were raised in earlier applications and what is proposed now is very similar to that, it is considered that the proposal differs so slightly from what was approved, that the scheme should be considered acceptable, and indeed in respect of the house types, it is considered that what is proposed now represents an improvement on what was previously approved in terms of a type of development which is more similar to the existing properties in Bradda View.

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:

• (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, in this case Department of Infrastructure Highway Services and Housing Division, and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

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:

the owners of 7 and 11, Bradda View and 7, Ballakeyll.

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: 22.06.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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. Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• C 3. Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.

Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.

• C 4. Prior to the commencement of any other works on site, the trees to be retained must be protected from damage during the construction process, as shown in drawings 33A and 34 received on 1st June, 2016. Reason: To protect the visual and natural amenities of the area.
• C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

This approval relates to drawings 20A, 21A, 22A, 24A and 32 received on 4th May, 2016; 23, 25, 26, 27, 28, 29, 30 and 31 received on 18th February, 2016, 34 received on 27th May, 2016 and 33A received on 1st June, 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 : Permitted. Committee Meeting Date: 04.07.2016

Signed : S E 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

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