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Application No.: 19/00488/B Applicant: Forest Homes Developments Limited Proposal: Erection of two detached dwellings with associated garages and field access gates Site Address: Clypse Mooar Cottage Clypse Onchan Isle of Man IM4 5BG Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.07.2019 _________________________________________________________________
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.
Reason: To ensure that boundary treatments at the plots are suitable visually for both the rural location and the dwellings on site.
Reason: To mitigate the visual impact and loss of canopy cover resulting from the removal of the sycamore tree.
This decision relates to the following plans and drawings date stamped received on 29th April 2019:
And 1001/PL40 Rev.C Proposed Site Plan & Location Plan - date stamped received on 23rd May 2019. _______________________________________________________________
None _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site is an irregularly shaped parcel of land located immediately west of Clypse Mooar Road in the Clypse area of Onchan. At present the site is open and undeveloped, but until recent years a pair of rather uninspiring detached dwellings sat here.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a pair of dwellings on the application site; alongside these two dwellings would be a field gate, one of which would access into the garden of one dwelling and one of which would access onto the field behind. - 2.2 This application differs slightly from an existing approval on this site (16/00474/B). - 2.3 The dwellings are of similar design to one another but have subtle differences in their principal elevations. The similarities are that the dwellings have traditional fenestration with a single door at ground floor set centrally between two windows either side with three further windows at first floor level. Both would have chimneys atop each gable and an attached double garage to the side. Coping stones are shown above each of these gables with natural slate forming the roof finish, while Manx stone would finish the front elevations and smooth render to all others. - 2.4 The difference is that Plot 1 (to the south) has single storey bay windows while Plot 2 (to the north) has two-storey bay windows. Otherwise, the dwellings appear to be identical. - 2.5 A Manx sod bank would provide the frontage to the site, punctuated by four entrances (one to each dwelling, one to each field access). The bank would also provide the boundary treatment between the dwellings; also shown are trees in each of the corners of the plot, while there is existing trees and hedging to both the north and south boundaries outwith the control of the applicant.
3.0 PLANNING HISTORY - 3.1 Planning approval for the erection of two dwellings within the application site was granted on 4th May 1951 through previous planning approval 7939. Whilst the location of the previously-existing dwellings and this previous approval is the same the actual design approved differs from the dwellings that actually exist on site. However, given how long these dwellings had been there they became lawful, although no application was submitted seeking formal determination of this. - 3.2 Planning application 12/00579/A sought Approval in Principle for the erection of two dwellings on a wider area of land that included the application site for the current planning application. This application was refused on the 29th May 2012. A subsequent appeal against the refusal was dismissed, with the appeal refusal issued on the 11th October 2012. - 3.3 Planning application 13/00185/A sought Approval in Principle for the erection of two replacement dwellings on the current application site. This application was approved subject to four conditions:
3.5 Subsequent to this, an application (16/00309/A) was submitted seeking Approval in Principle for two dwellings on the site. As the principle for such development was already established, and there was confusion with respect to the field gates proposed, the applicant was advised to submit a full, detailed application showing wider gardens to reflect previous concerns with respect to limited garden space and also so officers could make a full judgement in respect of the design detail. - 3.6 A further full planning application was submitted (16/00474/B) for the two dwellings with garages (adjoining) and field access gates. This application was approved subject to 8 conditions:
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is located within a wider area of land that are designated as Open Space and as being "unsuitable for development owing to a danger of pollution of an existing or future public water supply" under the Onchan Local Plan; by virtue of the first zoning, the site is also zoned as an Area of High Landscape Value under Policy O/ERS/P/22 of that Plan. - 4.2 That policy states: "Outside those areas designated for residential development new dwellings will generally not be permitted within the Local Plan Area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the Local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Eastern Sector (Planning Circular 9/91)". - 4.3 The Strategic Plan contains two policies that are considered specifically material to the assessment of this current planning application. - 4.4 General Policy 2 states (in part): "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.5 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area, which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate
"Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."
5.0 REPRESENTATIONS - 5.1 Onchan District Commissioners recommend that the application be approved (21.05.19).
5.2 DEFA Arboricultural Officer has commented on the application (05.06.19), and states that DEFA Forestry do not object to the application but recommend the following conditions:
"1. Following the removal of the sycamore tree from the southern boundary of plot 1 as indicated on the approved drawing 1001/PL40revC, you shall plant 1 silver birch tree (Betula pendula) within the back garden of this property. The replacement tree shall be;
Reason: to mitigate the visual impact and loss of canopy cover resulting from the removal of the sycamore tree
6.0 ASSESSMENT - 6.1 It is considered that the principle of the development of two dwellings on this site and there overall siting has been approved through the previous planning applications, not least 16/00474/B which is very similar to the current application. The issues of the size and form of the dwellings, access arrangements and the design of the two dwellings has also largely been dealt with previously, and only those aspects which differ from those approved in 16/00474/B will be assessed below. - 6.2 The adjoining garages to both dwellings would measure 6.1 metres across, an increase of 2.9m from what was previously approved. The finish and height of the garages would remain as previously approved. In order to accommodate this, there would be a no sod bank between the plots and a reduction in the sod bank next to the garage of Plot 2. This alteration would provide additional garaging space on each of the plots and potentially reduce the risk of future pressure for ancillary garage buildings on the sites. Overall though, impact would be minimal in comparison to what is already approved. - 6.3 There would also be an increase in the amount of glazing on the rear elevations with the installation of triple patio doors rather than two single sash windows, and wider patio doors under the rear porch area than previously approved. On the south side elevations, the first floor windows would be moved further forward, whilst the ground floor patio door would be a double length window. Again, these alterations would have no negative impact on the overall character and appearance of the area, or the amenity of each dwelling as there would be no increase in the amount or size of openings facing into respective habitable rooms. - 6.4 The applicant has spoken with the DEFA Arboricultural Officer with regard to the removal of a sycamore tree on Plot 1 and the planting of a silverbirch in its place. This has been shown on amended drawing 1001/PL40 Rev C. As this was an alteration agreed with the Arboricultural Officer it is considered an acceptable change, visual impact would be low. Conditions should be attached as per section 5.2 of this report. - 6.5 It is considered that all other aspects remain as assessed in the case officers report for 16/00474/B.
7.1 In summary, the changes proposed constitute minor alterations to the dwellings for which planning approval has been previously granted and is still valid. These changes accord with the aforementioned planning policies and for this reason, the proposal is recommended for approval subject to conditions. - 7.2 The previous planning application for this site was determined by the Planning Committee - however, given that this application is for minor amendments, it is considered that this application may be determined under delegated powers by a Principal Planner as per DEFA Standing Order No. 2018/01 Section 3 (1).
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 02.07.2019 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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