Officer Report

Application No.: 16/00142/B Applicant: Mr John Watson Proposal: Creation of driveway and vehicular access Site Address: Auburn House Andreas Village Isle Of Man IM7 4HH Case Officer : Mr Chris Balmer Photo Taken: 10.03.2016 Site Visit: 10.03.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site is the residential curtilage of Auburn House, Andreas Village. The property is a two storey traditional detached situated on the northern side of Andreas Road and west of Leodest Road. Within the site there is also a detached two storey traditional stone outbuilding and a single storey brick outbuilding/garage.

2.0 THE PROPOSAL - 2.1 The application seeks approval for creation of driveway and vehicular access 4 metres in width. Currently the property is served by a pedestrian gate and what appears as a field gate entrance which is located to the easterly most point of the site, and appears to gain access to the single storey brick outbuilding and to an area to the rear of the two storey outbuilding.

3.0 PLANNING HISTORY - 3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The site lies within an area zoned as "Predominantly Residential Use" on the 1982 Development Plan. The site is not within a Conservation Area nor is the property a Registered Building. - 4.2 The following policy in the Isle of Man Strategic Plan 2007 is considered relevant: - 4.3 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 spaces 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;
• (e) does not affect adversely public views of the sea;
• (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 unacceptable 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;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

5.0 REPRESENTATIONS - 5.1 Andreas Parish Commissioners have no objection (received on 07.03.2016). - 5.2 Highways services do not oppose (received on 21.07.2016) and state the following:

"The application site currently has no domestic vehicular access, the existing vehicular access is a farm style track to access non-domestic buildings.

The proposed access located to the west of the existing pedestrian access and will not impact the location of the existing reserved parking space. There will be the loss of approximately 1 on street car parking space but this will be balanced by the availability of off street parking being provided to the applicant."

5.3 The Forestry, Amenity and Lands Directorate - DEFA have made the following comments (received on 22.02.2016):

"Regarding the above, I am concerned about the impact this proposal could have on the 'tree' marked on drawing no.3. This tree is an early mature sycamore of good health and form. Photos 001 and 002 (attached) show that when in leaf, this tree would be very visible from the main road and contribute to the visual amenity of the area. My concerns are as follows:

• 1. Although the root protection area (BS5837) is not shown on the plans provided it is obvious that the gravelled parking area will be well within the rooting zone. In the short term, any excavation or change in levels could be detrimental to the tree because of the substantial root damage/loss that would result. In the long term, the use of this area for parking is likely to cause compaction of the rooting environment leading to dieback and ultimately a shortened lifespan.
• 2. No details of the crown dimensions (spread, total height, height to first branch) are provided. The use of the area adjacent to the tree for parking is likely to mean that the tree will need some significant pruning (crown lifting) to accommodate access to parking area. The following is an extract from the introduction to BS3998:2010 (Tree work - Recommendations):

'While tree can be desirable to accommodate people's requirements from the tree and the land around it, any work that exposes the woody tissues is a form of damage that can be detrimental to the tree in the long term'

• 3. There is a chance that conflict could occur in future if this tree was left in situ. There may be concerns about risk to parked cars from falling branches and nuisance issues such as honey dew (https://en.wikipedia.org/wiki/Honeydew_(secretion)).

I think there are probably 2 workable options to explore. My favoured option would be to remove the tree and get another planted in its place (as a condition) in the roadside garden area to the west. The other option is to try and retain the tree. To ensure it is protected in the short and long term from the detrimental impacts described above, the applicant would need to provide an

arboricultural method statement. This would need to describe in detail how the design would be implemented. For example, this might include a no-dig solution such as cell web (http://www.geosyn.co.uk/product/Details/cellweb-tree-root-protection/f8b9be29-d617-4de2-948699ec382b00e7).

I may be able to advise further if the applicant is willing to explore these options. I hope this is helpful."

Following these comments being received and discussions with the applicants and The Forestry, Amenity and Lands Directorate it has been acknowledged that a tree felling license was issued in 2014 for the removal of a number of trees within the site, including the "early mature sycamore".

5.4 The owners/occupiers of Ashurst Cottage, Main Road, Andreas have objected to the application which can be summarised as; we have no parking facility associated with our dwelling and therefore use on street parking in the area; would like to know that there will be a suitable spot for me to park as I do not want to have any further to walk to my vehicle being a senior citizen, if I was to move any further up the road because of the proposal (received on 01.03.2016). - 5.5 The owners/occupiers of Valla Veg, Main Road, Andreas have objected to the application which can be summarised as; has a reserved on street parking space within seven metres to the proposal and has concerns that this space would be lost; was advised by the DOI that the reserved spot which is currently in place was the only location for the space because the double yellow lines on my side of the road extended too far for them to grant a reserved spot; concerns of lack of visibility; a alterative place for the driveway could be off Leodest Road the northeast corner of the property (received on 01.03.2016).

6.0 ASSESSMENT - 6.1 There are three key issues to consider in relation to the proposed scheme. Firstly the visual impact of the development within the street scene; second the potential impact upon highway safety; and thirdly the potential impact upon existing on street parking in the area. Visual impact of the development within the street scene - 6.2 In relation to the visual impact the proposal is relatively modest in terms of scale and would introduce a feature similar to what can be found along Andreas Road and the immediate area. Arguably the greatest visual impact would be the potential loss of the tree adjacent to the proposed access. However, as indicated previously a tree felling licence has been approved and therefore can be removed, irrespective of this application. The applicant has indicate they would be happy to plant new trees on the site and therefore it is considered reasonable that a landscaping plan be submitted which shows the replanting of at least one tree in the proximity of the existing tree referred to. Potential impact upon highway safety - 6.3 Highway Services have considered the application and have raised no objection to the proposal in terms of the principle of a new entrance or visibly from the new access. Accordingly, without an objection being made it is considered the proposal from this respect is acceptable. Potential impact upon existing on street parking in the area - 6.4 Concerns have been raised by local residents on this point, especially relating to the potential moving of the existing "reserved" on-street parking space. Highways have confirmed this reserved space would not be needed to be relocated. In terms of loss of on-street parking there will be the loss of one space on the highway. However as indicated by Highway Services, the proposal would increase the level of off-road parking and therefore potentially reduce the need for on-street parking by the occupiers of Auburn House.

- 7.0 RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

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 accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owners/occupiers of Ashurst Cottage, Main Road, Andreas The owners/occupiers of Valla Veg, Main Road, Andreas Recommendation Recommended Decision: Permitted Date of Recommendation: 26.07.2016 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. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new tree planting in the proximity of the existing Sycamore tree (annotated as "Tree" on the submitted drawing nr 3). 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 building, 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: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers 1, 2 & 3 all received on 10th February 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.

Decision Made : Permitted Date: 04.08.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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