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Application No.: 19/01061/B Applicant: Allprop Limited Proposal: Variation of condition 2 of PA 17/00910/B for the variation of condition 2 of PA 15/00636/A approval in principle for the erection of a dwelling, to extend the period of approval for a further 2 years Site Address: Former Howstrake Holiday Camp King Edward Road Onchan Isle Of Man IM3 2JP Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.11.2019 _________________________________________________________________
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.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
demolition works the protected areas must remain free from vehicles and materials in order to protect the tree roots. Any work necessary within the protected area must be detailed in the method statement. The development must be undertaken in accordance with the method statement.
Note: the applicant should liaise with the Forestry Directorate, Department of the Environment, Food & Agriculture in the preparation of this document and observe the principles of BS 5837.
Reason: in order to preserve the visual amenities of the area.
The applicant is strongly recommended to discuss any Reserved Matters application with the Planning Directorate prior to submission.
REASON: in order for the dwelling to fit comfortably and unobtrusively into the landscape, it is important that it is a low lying development utilising the topography of the site to reduce the height and mass of any dwelling.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This approval relates to drawings reference numbers 28538-01 REV, 28538-02, 28538-2001003 REV A, 28538-03, 28538-04, Transport Considerations, Road Safety Opinion, Utilities Infrastructure Technical Report and plans 28538-2002-001 & 28538-2002-002, Ecological Survey and Planning (Manx Wildlife dated May 2015), Design and Access Statement all received on 20th September 2019.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL.
1.0 THE SITE - 1.1 The application site comprises of a parcel of land that is located at Howstrake in Onchan which is to the east of King Edward Road. The site previously contained a holiday camp and derelict remnants of that previous development remain (an outline of history of the site is set out with the planning policy section of this report).
2.0 PROPOSAL - 2.1 The application seeks approval for variation of condition 2 of PA 17/00910/B (expires 19.10.2020) for the variation of condition 2 of PA 15/00636/A approval in principle for the erection of a dwelling, to extend the period of approval for a further 2 years.
2.3 The applicants previously have advised that there was consideration and still is interest in persons buying the site. However this was put on hold following the discovery of asbestos (within remaining buildings) on the site. This required a lengthy clean-up process which was further delayed due to the difficulty of finding a qualified contractor on the Isle of Man. While asbestos removal was ongoing (August 2016 to April 2017) it was not appropriate to show potential buyers around the site. The asbestos removal was completed in April 2017 which delayed effective site marketing by 8 months. Marketing of the site recommenced in July 2017 as well as negotiations with interested parties. The site is still actively marketed for sale and/or to provide further time to prepare a Reserved Matters application. - 3.0 PLANNING POLICY
3.1 In terms of local plan policy, the application site is located within a wider area of land that designated as i) open space; and ii) ecological interest/semi natural vegetation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1. The site is annotated
3.2 Paragraph 3.13 states: "The Howstrake Holiday Camp (Area 5) has a previous history as having been used for tourism and is in dire need of attention and restoration. The 1989 Onchan Local Plan provided for the development of the site for tourism with some residential: however this policy was accompanied by a provision which permitted a five year period for an application to be approved in detail for such a development: failing this the site would revert to having an accepted use as Open Space where development would not be approved. Since that five year rule became applicable the site has remained derelict with the buildings falling further into disrepair and the site remaining as unattractive as it has been for the previous decade and before. The Department initially considered that rather than the site remaining derelict and unattended, some development may achieve the restoration of the site for the benefit of all who may view it. However, after careful consideration, the Department considers that the benefits of restoring some of the site would be outweighed by the permanent presence of buildings on the site, in a position where such buildings have not been for considerable time. The Department is aware this is one of the few headlands in Onchan which has not been subject to development and as such, the Department would wish to continue the policy contained in the previous Onchan Local Plan that, having failed to secure a detailed approval for a sympathetic development on the site within the five year life of the previous local plan, that the site return to Open Space. The Department would encourage the possible future use of the site for purposes of Public Open Space with provision of a public right of way through to Groudle Beach and Glen." - 3.3 Paragraph 4.8 states: "This site lies alongside the King Edward Road just to the south east of the Groudle Holiday Village. The site once accommodated a holiday camp but the site has long since been used as such: latterly the buildings have fallen into disrepair and dereliction and when viewed from the King Edward Road, Groudle headland or the Ballameanagh Road do little to contribute positively to the appearance of the coastline." - 3.4 Paragraph 4.9 states: "The Onchan Local Plan adopted by Tynwald in 1989 included a policy which indicated that the site may be suitable for the development of tourist accommodation but required that a detailed application was to be approved within five years of the adoption of the plan or the site was to revert to a status of Open Space with a presumption against development. No detailed approval was granted. The Department resolved in the first draft of the revision of the local plan to identify development opportunities in order to achieve some tidying up of the site. The Department has received views on this proposal and has reviewed its initial decision in the light of these comments." - 3.5 Paragraph 4.10 states: "The Department reconsidered the options which could be pursued with respect to this site: the stance of designation of the site for Open Space could be continued (see also paragraph 2.7) which would have the advantage of protection of the site from the development of new buildings which would limit the visual intrusion on views of the site and limits any destruction of habitat for wildlife (the site is valuable for ecology - see Section 10 Open Space and Nature Conservation). The downside of this policy is that it is unlikely that the existing unsightly buildings would be removed or tidied up without some incentive and that the current state of affairs would continue indefinitely." - 3.6 Paragraph 4.11 states: "Another option would be to continue the zoning of Tourism on the site and restrict development on the site to that area which is already built upon. This would have had the advantage of tidying up the site and possibly securing a public right of way across the site, thus presenting some opportunity for public amenity. The drawbacks of this policy include a risk that nothing would happen on the site, bearing in mind the changing nature of tourism and that the site would continue to deteriorate as it has for the past decade
(Housing Policies 7, 8, 9 and 10);
value and interest; (Housing Policy 11);
continued use is redundant; where redevelopment would reduce the impact of the current
situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
provision of necessary services;
forestry;
and for which there is no reasonable and acceptable alternative; and
3.15 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.16 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
3.17 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
3.18 Since the approval in principle application the Cabinet Office has embarked upon the preparation of an Area Plan for the East of the Island which includes Onchan as well as the
4.1 The application site has been subject of a number of previous planning applications that are considered specifically material to the assessment of this current planning application: - 4.2 Planning application 86/00317/A sought approval in principle to develop A) part of site for residential use and b) part of site for tourist use. This application was refused in 1986. - 4.3 Planning application 87/00637/A sought approval in principle to development of land to form 12 residential plots and 25 self-contained tourist chalets. This application was refused in 1987. - 4.4 Planning application 88/04256/A sought approval in principle to 150-bedroomed hotel/conference/health facilities and 200 residential units. This application was approved in 1989. - 4.5 Planning application 94/00816/B sought approval for the erection of hotel with associated parking. This application was refused in 1994. - 4.6 Planning application 94/00817/A sought approval in principle for the erection of 200 dwellings. This application was refused in 1994. - 4.7 Planning application 09/01041/A sought approval in principle for the erection of a detached dwelling. This application was refused in 2009 for the following reasons: "R 1. The proposed development represents unwarranted development that is contrary to the land use designation of the application site as i) open space; and ii) ecological interest/semi natural vegetation under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1 and the presumption against the development of such areas set out within Planning
Circular 1/2000 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to the provisions of Policy O/RES/P/22 and Policy O/NC/P/2 of Planning Circular 1/2000 and the provisions of General Policy 3, Environment Policy 1, Environment Policy 4 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
R 2. Notwithstanding the first reason for refusal the planning application a) fails to demonstrate that minimum visibility splays of 2 x 36m can be achieved from the application site onto the adjoining highway; and b) does not provide sufficient information regarding the means of surface water and foul sewage disposal from the application site."
4.8 Planning application 15/00636/A sought approval in principle for the erection of a residential dwelling with ancillary staff and office accommodation addressing siting and means of access. This was approved 28.08.2015. - 4.9 Planning application 17/00910/B sought variation of condition 2 of PA 15/00636/A for the approval in principle for the erection of a dwelling, to extend the period of approval for a further 2 years. This was approved 19.10.2017.
5.1 Onchan Commissioners (received on 31.10.2019) recommend approval. - 6.0 ASSESSMENT
6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented.
6.2 The principal issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Onchan Local Plan and the Isle of Man Strategic Plan policies have not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken and no new legislation has been brought into force. - 6.4 For information the complete Planning Officers Assessment is included in full below;
"6.1 It should firstly be noted that the information provided with this current application, compared to the refused application in 2009 is vast. The previous application (09/01041/A) was extremely limited. The previous application comprised a location plan that defined the application site in red, a set of completed forms, a small supplementary statement that expanded on the questions contained within the application form and a number of photographs of the site. It should also be noted that the location plan showed an indicative dwelling, but which was not to scale. That application was not taken to an appeal. The current is supported by more comprehensive information and has been subject to some pre-application dialogue with 3rd parties.
6.2 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development and potential impact upon the visual amenities of the area; (b) potential impact upon highway safety; (c) potential impact upon the ecology of the area; and (d) potential impact on historic structures.
6.10 It is clear the Planning Directorate when coming to this final conclusion when preparing the Onchan Local Plan, gave consideration for the site potentially being developed either for tourist purposes or a limit amount of residential dwellings (i.e. more than one), but both considered having the drawbacks of the potential impact upon the ecology or the visual impact; although it was accepted in both options had the potential to tidying up the site and to secure a better style of development. A potential argument for the current scheme is when the Onchan Local Plan was being prepared; a scheme had not been prepared showing how development could have appeared on the site and does not appear to have considered the potential for just one dwelling, rather a number of dwellings. - 6.11 As indicated within paragraph 6.6 of this report, there is the provision for developing on sites within the countryside which are accepted as being "previously developed land". - 6.12 The definition of this is term within Appendix 1 of the IOM Strategic Plan states: "Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.' The definition includes defence buildings, but excludes:
6.13 The applicants indicate that in terms of redundancy the site for tourist purposes ceased in 1973 and has since remained closed and become redundant and derelict. These comments are accepted and it is considered the site is clearly redundant. In terms of the amount of built development on the site currently there are currently two existing single storey buildings, the largest measuring approximately 47 metres in width and 7 metres in depth with a pitched roof and the second building measuring approximately 36 metres in width and 6 metres in depth with a flat roof. There is also the original outdoor swimming pool complex (swimming and paddling pool) which has an overall width of approximate 30 metres and length of 12 metres. Between and surrounding the buildings are a number of concrete hard surfaces and foot/road ways serving the accommodation blocks and also some which runs up the hillside from the former camp site to the King Edward Road, one of which runs adjacent to the existing bus shelter, which is now in a poor state of repair and closed off. There are also a number of smaller structures such as; a tennis court, boundary fencing, internal fencing, steps, drainage systems and terracing of the grounds. All of these buildings are apparent from public views, mainly from the King Edward Road. From these views the site appears in a poor state of repair, derelict and has an adverse impact upon the visual amenities of the area. More distant views of the site can be seen from the north of the site, across the valley, from Ballamenagh Road and the Groudle Glen Railway. From these distant views the buildings and certainly the areas of hard surfacing are less visible and has less of a visual impact than views from King Edward Road. The applicant has submitted a series of photo-montages to illustrate these impacts. - 6.14 The submission includes indicative plans of how the footprint of the dwelling could positioned. It should be noted and be made very clear, the Planning Directorate when considering the submitted plans and visualisations are being considered as indicative plans only.
6.15 Early discussion with the applicant's agent, prior to the application being submitted, discussed the type/design of dwelling which was considered to be potentially most suitable for this site and potentially comply with planning policy. It was considered a more traditional design approach (i.e. Manx vernacular/Georgian) would be unsuitable for this site and would potential result in a dwelling being very apparent within the countryside. Accordingly, it was considered a more contemporary approach would be better suited which could be designed with the contours of the land - the site being on a hillside with potentially large amounts of glazing, natural roofing (sedum roof) and finished with dark materials could help to blend the property with the surrounding landscape. Following these discussions the applicants have chosen the more contemporary approach, in their indicative illustrations submitted with the application. - 6.16 Whilst this application is in principle only and no detailed design of the dwelling has been submitted, the applicants within the design principles have indicated that any detailed development would ensure that a design that is of high quality reflecting Howstrakes location, and ensure the built form responds to the existing topography and land form. This would be undertaken by maintaining development at single storey level, progressively stepped into the landscape. The proposal would also maximise the reuse of existing cleared, graded and platformed land. Furthermore they indicate that to minimise the visual exposure of built form through terraced, stepped and variable building massing appropriately integrated with landform, topography and vegetation. - 6.17 The scheme would also include the demolition of all existing derelict buildings, existing tree cover will be extended; boundary treatment will be restored to traditional stone wall along King Edward Road, replacing existing poorly maintained post and wire fencing; sea views will be maintained; and the proposed dwelling will be integrated into the landscape reducing visual impact. - 6.18 Arguable the main issue of this proposal is whether the proposed works would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment as indicated by General Policy 3. The difficult in considering this proposal against this criteria, is the fact there are no detailed designs, only indicative proposals/photographs. Originally when the application was submitted the supporting report made mention to a floor area of the new building and also included the amount/type of accommodation which could be accommodated. This did raise concern, as referring to a specific floor area at an approval in principle stage could allow the acceptance of a dwelling of such a size, without knowing at this stage the detailed design. Accordingly, all mention of the site and type of accommodation has been removed from the application and this application does not considered a dwelling of a specific size. However, the applicants have indicated on drawing 28538-02 a minimum area for development (shaded in blue) and a maximum indicative area for development (shaded in orange). What is considered is whether the principle of a dwelling with ancillary office accommodation could be accommodated on this site, in accordance with planning policy. In this case it is consider whether a single dwelling could be accommodated on the site, using the design principles indicated by the applicants, including appropriate well designed landscaping, which could all result in reducing the impact of the current situation on the landscape and the wider environment and result in improvements to the landscape and wider environment. It is considered this scheme presents the opportunity for the development of a bespoke dwelling incorporating a very high quality exemplar standard of design which the Planning Directorate would seek for any future detailed application, should the approval in principle application be approved. - 6.19 It is considered the majority of the development should be located within the area shaded blue on drawing 28538-02, given this is the area where the majority of existing built development exists and to ensure any potential development is contained rather than expanding into areas which are mainly undeveloped. Furthermore, it should be noted that this
6.26 The report also concludes that the habitats/plant species within the site are not regarded as being particular significant or rarity within the Isle of Man. - 6.27 Comments received from the Wildlife Division (DEFA) indicate that they considered there are potential lizards on the site and could have been missed by the reporter of the Ecologic survey. It is considered at this stage from the evidence produced; it is considered a single dwelling on the site could be accommodated without significantly affecting the ecologic of the site. Condition/s could be attached which required further site investigations and surveys be undertaken and such information be produced at any future Reserved Matters Stage. POTENTIAL IMPACT ON HISTORIC STRUCTURES - 6.28 Although of historical interest, the buildings have not been suggested or assessed for potential registration. However, Manx National Heritage has requested that a photographic survey and record is made of the existing structures. This can be dealt with by way of a condition."
7.1 It has been previously assessed that the development proposed for a single dwelling only is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment, visual amenities of the street scene or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. The only difference relates to the Area Plan for the East commencing and nearing its end, and although the site has not been designated for development, this essential remains the status quo i.e. the current land designation. Accordingly, whether the application is currently considered and determined under the current Onchan Local Plan or under the current Draft Area Plan for the East the issues and polices remain the same.
7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 2 and extend the approval for a further two years, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted. - 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:
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: 25.11.2019
Signed : C BALMER 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 See below
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