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Application No.: 16/00203/B Applicant: Diane Marchment Proposal: Variation of condition 1 of approved estate layout for two houses with associated access road (PA 11/00241B) to extend period of permission Site Address: Land Off Station Road St Johns Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee
1.1 The site is a piece of land which runs from Station Road in the west to land to a number of open fields in the east. The site is identified as being suitable for the erection of two dwellings as infill development with access from Station Road and permission was given for this as a layout under PA 11/00241/B. The land to the east is partly designated for residential development in the St. John's Local Plan. Area 1 as it is referred to in the Plan is indicated as being suitable for residential development of up to 6 dwellings which would be served by a permanent access through the Balladoyne residential estate to the north east but where construction traffic must find an alternative means of getting to and from the site ( paragraph 2.11). - 1.2 The application site is a shared access at its western end, serving customers of the local post office and also providing access to the rear of a number of houses to the north - Fo Chronk, West View, Reayrt y Juys. This rear lane is also a pedestrian through route to the Main Road. The site then becomes a currently undeveloped field which contains a number of trees and some areas of open space towards the north western part of the site. This part of the site is designated as Residential on the Local Plan with an indication that two dwellings would be suitable (paragraph
1.3 PA 11/00241/B was approved subject to the following conditions:
2.1 In addition to the two applications referred to above, the site has been the subject of other applications including:
PA 14/00652/B and 00653/B which were for the detailed development of the two plots but both refused for reasons relating to inadequate details being shown of existing trees and the impact of the development thereon as well as information which had not been provided in relation to levels and drainage.
PA11/00690/B - the layout of six plots on the land alongside Balladoyne was refused on appeal, having initially been approved, on the basis that the construction access off Station Road would materially harm the amenities of those living alongside Station Road.
PA 14/01419/B proposed the creation of a temporary construction access through the site to serve Area 6. This was approved by the Planning Committee and this decision was challenged to appeal by the local authority. This appeal requested was, however challenged legally by the applicant and that decision is currently with the Courts. This application was approved subject to a number of conditions:
No excavated material may be transported from Area 1 on the St. John's Local Plan through the application site.
Reason: in the interests of highway safety.
Reason: to accord with previous decisions on this site and to enable the development to sit comfortably in its environment.
3.1 Proposed is the variation of a condition attached to PA 11/00241/B which approved the layout of two plots on the main part of the site. This condition relates to the time in which the development must commence (4 years which expires on 2nd April, 2016) which they seek to allow a further 2 years to allow for additional design work to be undertaken on the house types.
3.2 The application originally sought to amend a further condition which precluded the use of the access for construction traffic associated with another site. This has since been withdrawn from the current application as this matter is being dealt with contemporaneously at appeal under PA 14/01419/B. The drawings are the same as those submitted with PA 11/00241/B but indicate that a rowan rather than an ash and a sycamore are to be removed and the drawing includes the route of
4.1 There have been no changes of policy in terms of this site. The appropriate development plan remains the St. John's Local Plan which suggests that this site is suitable for the erection of two dwellings with access from Station Road and whilst the Strategic Plan has recently been revised and is now the Strategic Plan 2016, the only changes which have been undertaken relate to the housing distribution and population figures with no changes to any other policies.
4.2 In addition to the local plan policies above, the Strategic Plan contains general standards of development which apply to all development which is in accordance with the land use designation, and arguably to development which is not. In this case, the following parts of General Policy are considered relevant:
4.3 Following the approval of the 2011 application, the applicant sought to discharge condition 8 regarding visibility splays and found that Department of Infrastructure required the walling alongside the bridge alongside the site to be slightly higher - 1.15m for health and safety reasons. The condition should be amended to acknowledge this decision if this current application is approved. REPRESENTATIONS - 5.1 German Parish Commissioners remain opposed to the use of this access for construction traffic (08.03.16). This submission was made prior to the amendment of the application and the proposal no longer seeks to amend this element of the application.
5.2 The owner of the general stores and post office is in opposition to the removal of the condition which would allow construction traffic to use this site for access to the land to the east (17.03.16). Again, this element of the application is no longer being sought.
5.3 Similarly, the owners of Balladoyne remain opposed to the use of this site as a construction access but this is no longer being considered (17.03.16).
5.4 Department of Infrastructure Highway Services indicate that they do not oppose the application (01.03.16). ASSESSMENT - 6.1 Now that the issue of the use of the access by construction traffic is no longer being considered, what is relevant is whether there has been any change of circumstance to warrant refusal of an application for the estate layout for two dwellings and garages with associated access road, drainage and other services.
6.2 There has been no change in policy although there have been a number of applications on the site. Detailed approval has been granted for the erection of dwelling on plot 2 and whilst permission was refused for the erection of a dwelling on plot one on the basis that as proposed there were
inadequate details of levels and trees, it is not inconceivable that two dwellings could still be accommodated on this site, perhaps requiring the approved development on plot 2 to be modified to accommodate the further dwelling without adversely affecting existing trees of amenity value.
6.3 It is considered that the further extension of the approval is acceptable and as such the application is recommended for approval. 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:
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 the general store and post office and the owner of Balladoyne
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: 12.05.2016 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: this is the subject of further applications which are the vehicles for determining whether this is acceptable.
Reason: the proposed siting involves impact on existing trees which is not necessarily considered appropriate.
This approval relates to drawings 0725/PL100 Rev C and 01 Rev A both received on 19th May, 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:…20.06.2016
Signed :………S 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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