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Application No.: 17/00414/B Applicant: Department Of Infrastructure Proposal: Erection of twenty affordable homes with associated road access, drainage, street lighting and landscaping Site Address: Land at Ballacubbon Adjacent to Cooyrt Balley Cubbon & Dreem Balley Cubbon Colby Isle of Man Case Officer : Miss S E Corlett Photo Taken: 01.06.2017 Site Visit: 01.06.2017 Expected Decision Level: Planning Committee
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED
1.1 The site lies to the north of the main road which runs through Colby, the A7, directly to the north of Ningwood Halt and Parrfold which front onto the A7. To the east lie 10, 11, 12, 12A, 14, 15 and 16, Ballacriy which, other than number 14 are truly single storey bungalows: number 14 has a higher ridge level and accommodation in the roofspace. Numbers 11 and 16 have their ridges running towards the application site, the remaining ridges running parallel with their estate road. To the north lie numbers 31, 32, 33 and 34, Croit ny Glionney - part of the residential development which took place on the former Colby Football Club ground. To the east is Ballacubbon House a detached Manx farmhouse with gardens to the rear and west and to the west of the site is an existing development of sheltered housing with first time buyers' housing further towards the main road. The proposed development will share the access with the last two groups of housing. - 1.2 The site is presently an open area of land through which there is a footpath link to Croit ny Glionney. - 1.3 The site slopes slightly downward from west to east by around 400mm over 38m and from north to south by 1.7m over 77m. THE PROPOSAL
2.1 Proposed is the development of the site for housing. The housing is proposed to be affordable by virtue of the housing being provided for general let by the Department of Infrastructure Housing Division. The development will comprise twenty units, five bungalows and eight apartments and seven two storey houses. The apartments will have no planted garden and a small paved area at the front and rear whereas the other properties will all have varying sizes of planted garden to the front, rear and side. - 2.2 Access into the site will be up the existing estate road and a new estate road will turn east into the development site with a pedestrian footpath linking in with Croit ny Glionney. This footpath will sit within a public open space landscaped area. - 2.3 Car parking will be provided at a ratio of two per dwelling, some provided within each residential plot and others elsewhere around the side and alongside the existing access road. Plots 16 and 14 have four spaces available within their areas.
2.4 The dwellings which sit to the rear of Ningwood Halt will be 19m away and single storey directly behind the two storey part of this existing house and a steeply pitched two storey pair of units to the west. The boundary between these properties will be formed by the retention of the existing brick wall and fencing which is at a total height of 1.8m and a new escallonia and fuchsia hedge on the application side of the boundary. This boundary will continue along behind Parrfold, the dwellings behind which are single storey. - 2.5 The proposed dwellings to the rear of the Ballacriy Park properties will be mostly set back by around 18m from the mutual boundary, other than the sides of the properties on plots 16 and 15 which side onto the side of number 10 Ballacriy Park which is set at an angle to the boundary, and number 15 and 16, Ballacriy Park which back onto the side. None of the proposed dwellings in these cases has any first floor windows (the properties are single storey). - 2.6 The boundary of the site with the Ballacriy Park properties will be formed by a re-profiled bank formed against an existing wall with a new native species hedge planted on the application side up to 1.8m. Each section of the boundary will be adjusted to suit existing boundary treatment - where there is fencing the bank will be built up against it with new shrub planting alongside it, where there is a bank, this will be retained and supplemented by additional native planting. - 2.7 The boundary with Ballacubbon Farmhouse will remain as it is with the footpath and surrounding planting between it and the nearest houses which are 18.5m from the gable of the existing house. - 2.8 The houses are conventional in shape and form with the single storey units having some elements of stone facing and some more simple with a plain render finish and larger modern glazing. All will have slate or slate-like roofing. Some have their entrances on the side of the buildings (plots 14 and 15). The two storey buildings are of two different types - the long row of plots 5 to 10 are identical with sections of stonework on one side of each unit and a first floor patio above the large glazed entrance. These are similar to the three units to the south (1, 2 and 3) and the two to the north (12 and 13). - 2.9 The units on plots 19 and 20 comprise a two storey structure subdivided into two houses and attached to the east to a bungalow. The two storey building is the tallest on the site with a steeper pitched roof. At the rear the two windows on each property's first floor serve a bedroom and a bathroom. - 2.10 Bin stores will be provided in fenced off areas within the estate. These have been relocated from their original location alongside the boundary with Ballacriy Park to alongside the front porches. Plot 20 will have a higher, stone wall demarcating its boundary with the approach road but providing privacy to those in that rear garden. - 2.11 The scheme now reflects the most up to date need which is based upon the Housing Division and Local Authorities' housing waiting lists and some of the units can be adapted to incorporate features such as stair lifts, ground floor wet rooms, ceiling access tracks and house lifts. The layout also seeks to maximise back to back distances between proposed and existing houses including those which have extended very close to their boundaries with the application site. The design also seeks to maintain the existing banks and trees around the perimeter and the existing link through to Croit ny Glionney has been provided with a landscaped setting and is also overlooked by the proposed housing to add security. The two storey elements have been kept as far as possible from the single storey existing properties in Ballacriy Park. The dwellings will have private gardens and the apartments have been designed to be large enough to accommodate a tumble dryer and the first floor balcony could accommodate a clothes dryer. The design of the units and parking spaces also takes into account the Disability Discrimination Act.
2.12 The road layout would become a Home Zone with low traffic speeds with a table top junction and with textured setts and tarmacadam to differentiate between different functions of the highway. The layout has been designed to accommodate the local authority refuse vehicle. - 2.13 Public Open Space is being provided in the form of 1432 sq m of central grassed area between the proposed houses and Ballacubbon Farmhouse and various portions of amenity space separating the units. After discussion with neighbours, and considering the nature of the housing (mainly single units or suitable for older people) it has been resolved that it would not be appropriate or necessary to provide children's play equipment. This approach was also used in Phase 1 of the development which was intended for older people and no play facilities were included in the development of Croit ny Glionney. They point out that there is a local play park on the other side of the main road. - 2.14 The development will be connected to the main foul sewer system (foul and surface water). - 2.15 The accompanying Transport Statement describes the existing highway network and recommends the introduction of a splitter island between the entrance to Ballacriy Park and the Colby Glen Hotel keeping westbound traffic on the southern side of Main Road until it is within the visibility splay from the Ballacubbon entrance, enabling shorter visibility splays to be effective and acceptable. In addition, the give way markings at the entrance to Ballacubbon will be moved further into Main Road along with the widening of the footway between Colby Glen Road and Ballacubbon. Whilst visibility to the west is not ideal and not capable of being improved, it is not considered unacceptable in terms of the additional traffic which the proposed development will bring to this junction. - 2.16 Following concerns raised by the Forestry Officer, further information has been submitted in the form of a tree survey, tree strategy, pruning schedule, maintenance and topsoil method statement were produced (09.05.17). PLANNING POLICY
3.1 The site is designated for residential use on Area Plan for the South adopted in 2013 which includes the following: - 4.44 Site 13 Location: Land to the east of Ballacubbon (Field Number 424841), Colby, Arbory Size of Site: 0.6 ha Previous designation: Predominantly Residential Proposed designation: Predominantly Residential (Proposed) Site Assessment Framework (Residential Score): 60/68
Development Brief, which includes the need for a footpath, linking the Main Road with the residential site to the north.
3.2 The Area Plan also states:
"4.4.6 The RLAS work does not make detailed assessments of every pocket of land or building within existing settlements which may have development potential for housing. It is normal for most settlements to have some land and/or buildings which are under-used or vacant. It is also normal to have areas of land within settlements which are used for recreational purposes, both formal and informal, as open space or car parking for example. It may not be appropriate to allocate all such sites for housing, but it is important to make the best use of potential sites, which is a requirement set out in the Isle of Man Strategic Plan."
3.3 It goes on:
3.4 The development must also comply with the general standards of development set out in General Policy 2 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 The site was formerly part of a wider area proposed for public sector and public-provided housing which now manifests itself as Cooyrt Balley Cubbon and Dreeym Balley Cubbon to the west. In the application for that development, PA 06/01319/B the land which is the subject of the current application was annotated as "land for future development and public open space and site for temporary buildings during construction". REPRESENTATIONS - 5.1 Manx Utilities comment that if the developer requires the proposed sewers and associated drainage works to be adopted, it is recommended that the developer enter into an adoption agreement with the Authority prior to commencing on site (25.04.17).
5.2 Arbory Parish Commissioners indicate that Arbory Primary School is in need of improved accommodation and this proposal will only add pressure on the current situation. They feel that this should be addressed in the application. They would have preferred if accommodation similar to that in Cooyrt Balley Cubbon had been incorporated. The Commissioners see no reason for the traffic island and suggest that it may be dangerous and that all possible steps should be taken to ensure that the impact of the development on neighbouring properties is minimised particularly in respect of proposed parking and bin storage close to Ballacriy Park. They would hope that the footpath link to Croit ny Glionney is provided as early as possible in the development as a means for children to get to the main road without having to use Glen Road which is narrow, winding and without a footway (25.04.17).
5.3 Highway Services comment as follows:
The proposals are for the erection of 20 affordable two bed homes comprising a mix of bungalows, houses and apartments with 40 associated car parking spaces off Ballacubbon, Colby, Arbory.
As part of the planning application, supporting evidence has been submitted in the form of a Transport Statement from Bryan G Hall Transportation Planning Engineers. The development is served off Ballacubbon and its priority junction with Main Road (A7). The access arrangements include an improved slightly widened footway link to join the site to the north allowing pedestrian access from Main Road to the Colby Glen Road. An improved visibility splay of 2.4m x 70m to the right (west) along Main Road towards Colby Glen Road junction can be provided when extending the sightline out slightly into the carriageway. An improved visibility splay of 2.4m x 90m to the left (east) can also be provided in conjunction with a splitter island some 95 metres to the east of the Ballacubbon junction. This will also have the potential to reduce vehicle speeds approaching the Ballacubbon junction from the east. The visibility splays are commensurate with vehicle speed passing the site (30mph speed limit) and are therefore acceptable given the additional traffic generated by 20 homes. The development is located in a sustainable location where future residents can walk or cycle to local amenity or use established public transport links to further destinations. The internal access road serving the site has been designed to adoptable standards and provides a turning facility at the end so as to allow such vehicles to enter and exit the site in a forwards gear. There are 40 car parking spaces offered with the development, but not all are directly adjacent to the dwellings. Five of these are located on Ballacubbon and will no doubt be utilised by other residents as well as those who live within the proposed development. Nevertheless, 35 spaces within the site and 5 slightly outside are considered adequate. The boundary treatments / fencing are generally acceptable apart from the corner of plot 3. Type L fencing is 1.75m high and creates a blind spot for pedestrians which can create uncertainty and insecurity particularly during the hours of darkness. It is recommended the corner be chamfered similar to the corner of plot 1 to improve pedestrian intervisibility; this can be covered by condition.
Based on the above, the proposals are considered acceptable from highways aspect. Please attach the following conditions to any future consent:
Prior to development becoming occupied, the splitter island on Main Road, kerb alterations and footway widening as shown on drawing no 13/152/TR/004 shall be constructed and all associated amendments to carriageway markings carried out to the satisfaction of the Planning Authority. Reason: In the interests of highway safety
Prior to the occupation of any dwelling all 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.
Prior to development becoming occupied, the corner of the boundary fencing (Type L) for Plot 3 shall be amended so that is chamfered similar to the corner of plot 1. Reason: In the interests of promoting secure footpaths
5.4 The Arboricultural Officer of DEFA expresses no concern at the proposed loss of three trees which he considers are not significant specimens. He asks for sight of the tree survey and expresses concern at the retention of some of the trees which are close to proposed buildings and footpaths. He suggests that detailed protection measures should be included as part of the application as well as clarification of changes in level and ground surface and the planting of new trees in terms of how they will be introduced and what species are proposed (05.05.17). Further discussions have been held between the applicant and the Aboricultural Officer to clarify the number of trees to be retained and the measures to be taken to ensure that footpath and paving works will not adversely affect the future of trees - existing and proposed - on site. He is now satisfied that conditions can secure the future of the trees (20/06/17). - 5.5 Objections have been received from the owners of the following properties: 32, 33 and 34, Croit ny Glionney
6.1 The principle of the development of the site for residential purposes is in accordance with the Area Plan and there is no local objection to the principle of housing here, just the number, type, height and layout along with concerns about infrastructure. The evolution of the Area Plan from the precise recommendations in the Arbory and East Rushen Local Plan makes it clear that a more efficient use of the site is required than the prescribed 14 units on all of the area on both sides of the road. There is no prescribed number of dwellings for this site, only that there should be a footpath link to Croit ny Glionney, that there should be comprehensive landscaping and public open space provided and that any application should include sectional drawings to illustrate the relationship with adjoining residential development. It is also a requirement that any housing should be 100% affordable, which is what is proposed. The application makes provision for the footpath link and the information submitted illustrates how the existing trees along the northern boundary will be protected during development and sectional information regarding the adjacent housing has also been provided. The requirements for Public Open Space are dealt with in paragraph 6.7 below. Where development provides footpath links, it is generally assumed that these will be adopted by Department of Infrastructure as part of the highway network within the site. In this case the applicant is the Department of Infrastructure and as such it not considered that any particular condition or process is required to secure the footpath or its maintenance. Such conditions are not usually attached to planning approvals. Similarly, it is not usual to require details of the surface of a footpath which will ultimately be adopted and where a variety of surfaces may suffice. A condition
requiring the provision of the footpath prior to the occupation of the penultimate dwelling may be useful.
6.2 The Area Plan and the Strategic Plan also make it clear that where sites are sustainably located, that densities should be optimised. This is not to say that every last part of the site should be built upon and General Policy 2 along with the development brief requirements and the requirement for public open space, provide safeguards against this. The development must be able to be serviced by existing infrastructure and in this case, there are no objections to the proposal from the service agencies - Highway Services, Department of Education and Children and Manx Utilities and whilst there are concerns about the capacity of Arbory Primary School, it is relevant that the housing is primarily aimed at the elderly and single households, resulting in no change to the demand for places at local schools. In any case, it is a general principle that serving agencies such as those providing health and educational services should respond to development which is in accordance with adopted land use policies rather than development being constrained by a lack of available infrastructure as noted in a recent appeal case for housing in Peel (13/91289/B) where the inspector comments as follows:
"86. The development's residents would require educational, medical, policing and other services wherever they live on the Island. The need, as such, would not arise in any absolute sense because of this development. That public services on the Island, as in the UK, face pressures of constrained budgets with growing demands, is not a consequence of the appeal development or a reason for disallowing it. Rather the reverse in fact. Services can generally be provided more efficiently by being concentrated at designated Service Centres, including Peel, as intended by the Strategic Plan Spatial Strategy. It is for service providers to seek to respond to the needs of their users, so far as possible; doing so will be that bit less challenging when focussed rather than dispersed. I do understand that people in Peel having to wait for medical appointments, say, or faced with crowded schools, may not welcome this new development. But looked at broadly, there would be more scope for an additional medical practitioner, say, or more classrooms and teachers, than if the same 144 new households lived in less sustainable locations. It should be borne in mind too, that the 144 households would not all arrive at once, but over a period as the development progressed and likewise their children would not all need school places simultaneously. There would be at least some opportunity for service providers to respond in advance.
6.3 Whilst there are no school, policing or medical facilities available locally within Colby itself, there are such facilities within the south of the Island and Colby is considered to be a settlement where development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities (Spatial Policy 4 of the Strategic Plan). It adds that Area Plans will define the boundaries of such settlements so as to maintain their existing character. The development site is within the settlement boundary, the provision of elderly persons and adapted housing for those with special physical needs is responding to a general housing need in the south and there are no particular restrictions contained within the Area Plan which would prevent the development of housing on this site as is proposed here.
6.4 The housing alongside clearly needs to be taken into account and in all cases, the new housing is at least 20m from existing property which is directly behind or in front, with the exception of Ningwood Halt where the separation distance is around 19m for a small part of the rear of this property where it backs on to plot 19. In many cases, the nearest housing is also single storey, despite the adjacent existing units being two storey. None of the properties has its rear elevation as close to its rear boundary as are numbers 10, 11, 12, 13, 14, 15 and 16, Ballacriy Park. In some cases there is also significant tree screening between properties - particularly the Croit ny Glionney properties and plots 13, 14 and 15, the latter two of which are bungalows. It is considered that the development accords with the usual standards of development and that it would not result in any impact on existing adjacent properties which could be said to infringe upon the occupants' human rights.
6.5 Alternations to the scheme have been made such that bin storage is no longer adjacent to existing housing and the landscaping scheme has been adapted to ensure that the existing trees can be protected during development and that appropriate new trees and shrubs could be introduced such that they would survive and produce an acceptable residential development. - 6.6 Whilst there are concerns that the provisions for highway improvement and accommodating the additional traffic which will result from this development, Highway Services are content that the scheme is acceptable subject to some minor modifications to a parking space fencing and conditions which require the highway modifications to be undertaken at certain stages. - 6.7 It is concluded that the proposed development will satisfy an identified local need for a particular type of housing on a site which is in the centre of an identified settlement which can be satisfactorily serviced and where the residents are close to local community facilities (shop and church) and where the development maintains acceptable levels of residential amenity for both the occupants and those in properties alongside. Whilst the proposal does not meet all of the standards for public open space in terms of formal open space, it is not considered that the size of the site combined with the type of housing, in addition to the range of new sports facilities which were enabled to the south of the railway line through the redevelopment of the former football pitch for housing, that formal public open space should not be required in the case of the development of this site. Such facilities were also not required in the case of the development of Cronk Cullyn and Croit ny Glionney. - 6.8 The application is recommended for approval. - 6.9 It is not considered necessary to attach a condition or seek a legal agreement securing the housing delivery as affordable units as the housing stock will be owned and delivered as affordable units by the Government's housing authority.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
The Arboricultural Officer is part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order. Manx utilities do not raise material planning issues and so similarly, should not be afforded interested person status.
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:
32, 33 and 34, Croit ny Glionney 11, 12, 14 and 15, Ballacriy Park 2 and 5, Dreeym Balley Cubbon
All of these parties either abut the site or share the access onto the Main Road.
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: 12.06.2017 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.
alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.
Reason: to ensure that the landscaping including the retention of existing trees - is practicable and that the development is undertaken such that it does not prejudice this.
Reason: to ensure that the proposed landscaping is suitably introduced such that it has the best chance of survival into the future.
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: 03.07.2017 Signed : S Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required Signatory to delete as appropriate YES/NO See below
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