Planning Officer Report

Officer's Report

Application No.:	12/00848/A
Applicant:	Mr John Horsthuis
Proposal:	Approval in principle for the erection of a detached dwelling and garage
Site Address:	Plot 13 Hillberry Green Douglas Isle Of Man IM2 6DE
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:	11.07.2012
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF PLANNING CIRCULAR 8/89 AND THE PLANNING APPLICATION IS RECOMMENDED FOR APPROVAL.

The Application Site

1. The application site comprises a parcel of land located within Hillberry Green in Douglas. The site is generally open grass with a number of mature trees around its perimeter. The plot measures approximately 0.45 of an acre (0.18 ha) in area.

The Proposal

1. The planning application seeks approval in principle for the erection of a detached dwelling and garage on the application site. The submission includes a site plan showing an illustrative layout of the proposed development.

Planning History

1. The application site has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application:

1. Planning application 89/1990 sought planning approval for the erection of a detached dwelling with double garage. This previous planning application was approved on the 15th June 1990. The planning approval was not implemented.

1. Planning application 01/02436/A sought planning approval in principle for the erection of a dwelling and garage. This previous planning application was approved on the 9th April 2002. No application for reserved matters was submitted before this planning approval lapsed.

1. Planning application 05/02090/A sought planning approval in principle for the erection of a four bedroomed dwelling and garage. This previous planning application was approved on the 13th January 2006. No application for reserved matters was submitted before this planning approval lapsed.

Planning Policy

1. In terms of land use designation the application site is located within a wider area of land that is designated as low density housing in parkland under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. 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."

1. Planning Circular 8/89 provides guidance for development within areas designated as low density housing in parkland.

REPRESENTATIONS

1. Douglas Borough Council has no objections to the planning application.

1. The Department of Infrastructure Highways Division do not oppose the planning application subject to imposition of parking arrangements complying with the provisions of Manx Roads 1 and minimum sight lines 2 x 18 metres being provided.

ASSESSMENT

1. The planning application seeks planning approval in principle for the erection of a detached dwelling and garage within the application site, which is within a wider area of land that is designated as low density housing in parkland. As highlighted earlier in this report Planning Circular 8/89 provides guidance for development within such areas. Within that it is stated that proposed dwellings must be sited in at least 1 acre (0.4 ha) of their own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. As the plot measures approximately 0.45 of an acre (0.18 ha) in area it would appear that the proposal is contrary to Planning Circular 8/89, which would normally be held to be reason for refusal of a planning application. However, it can also be seen that the planning approval, both for approval in principle and full approval, has been previously granted on the application site and that those planning approvals were granted after the publication of Planning Circular 8/89. There is no specific reasoning within the respective reports for these three previous planning applications to explain why the failure to meet the 1 acre requirement was concluded to be acceptable. This results in a somewhat odd position where the proposed development is contrary to the provisions of Planning Circular 8/89 but the site's planning history highlights a previous acceptance of the same development.

1. After due consideration, on the balance of reasonableness it is considered that the existence of the three previous planning approvals carries sufficient weight to outweigh the failure to comply with the 1 acre requirement within Planning Circular 8/89. Whilst less than 1 acre in

size the application site is clearly capable of accommodate a significant dwelling without unduly harming the amenity of surrounding properties. The proposal would simply result in an additional dwelling within a wider area that already contains many dwellings. No obvious harm to public amenity would occur from the proposed development, as Hillberry Green is a private estate with no through traffic the dwelling would only seen by those living in and visiting existing properties within Hillberry Green. The granting of planning approval would not set a precedent within Hillberry Green as each application needs to be considered on its own merits and unlike the other properties within Hillberry Green the application site has its own frontage, thus avoiding a backland development situation.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Douglas Borough Council.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 16.07.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1.

The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 2.

The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 3.

Approval of the details of siting, design, external appearance of the dwelling, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 4.

This approval in principle relates to the erection of a dwelling and garage within the land defined by the red line on drawing no. 101 date stamped the 11th June 2012.

C 5.

Any subsequent reserved matters planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces.

C 6.

Any subsequent reserved matters planning application must include provision of a vehicular access with visibility splays of a minimum of 2 metres by 18 metres.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : _________________ Committed Meeting Date : 23/7/12

Signed : _________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO