DEC Officer Report

Application No.: 18/01166/REM Applicant: Architypes Ltd Proposal: Reserved matters application for erection of a dwelling on plot one addressing siting, internal layout, design, means of access, external appearance and landscaping (in association with 16/01139/A) Site Address: Fields 612728 & 612727 Baldrine Road Baldrine Isle Of Man Principal Planner: Mr Chris Balmer Photo Taken: 06.02.2019 Site Visit: 06.02.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.02.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved must be commenced prior to 7th September 2021.

Reason: to accord with the terms of the approval in principle and to avoid the accumulation of unimplemented planning approvals.

• C 2. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• C 3. Prior to the commencement of the development hereby approved, the protective fencing required to protect retained trees, detailed in the Plot 1 Site Plan (drawing 18/2710/09) shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated

• C 4. Prior to the commencement of the development hereby approved the protective fencing required to protect the archaeological feature, as shown on drawing 18/2710/03, shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure the protection of the archaeological feature during the construction phase of the development

• C 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting within Plot 1 & the Landscaped Public Open Space Area showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling (Plot 1), whichever is the sooner. Details of the hard landscaping works include footpaths and hard surfacing materials to Plot 1 and the Landscaped Public Open Space Area. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling (Plot 1) hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 6. Prior to the occupation of the dwelling the parking and vehicle manoeurving areas associated with the property shall be suitably hard surfaced and available for these purposes and permanently retained as such thereafter.

Reason: to accord with the requirements of the Strategic Plan and in the interests of highway safety.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing reference numbers 18/2710/01, 18/2710/02, 18/2710/03, 18/2710/04, 18/2710/05, 18/2710/07, 18/2710/08, 18/2710/09, 18/2710/11, 18/2710/12 and Tree Survey report all received on 7th November 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The owners/occupiers of Dreeym, Upper Balladhoo, Baldrine Road - Are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy

The owners/occupiers of Ballaruud, Highfield Drive, Baldrine - As they do not refer to the relevant issues in accordance with paragraph 2C of the Policy _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is a major part of field 612728 which abuts the Manx Electric Railway line to the east and field 612727 to the west across which the site partly runs. The applicant also

• owns the adjacent land to the north and west and land across the road. The red line area also includes parts of Baldrine Road.
• 1.2 The site has a junction with the Baldrine Road of around 10m. From there, the site slopes downward somewhat more gently over field 612727 than 612728 where the Manx Electric Railway line sits some 25m lower than the entrance. A high tension electricity line runs almost north to south in front of the entrance, cutting across the proposed footpath and the south western corner of field 612727. A second line intersects this and terminates approximately 10m into the site to the north of the proposed access.
• 1.3 The red line includes the area where the houses are proposed to be built, the route of the access from this area to Baldrine Road, together with a route of a proposed footpath parallel with the edge of the site alongside Baldrine Road, joining with Baldrine Road at the southern corner of the field, alongside Struachan, Highfield Drive.
• 1.4 The site is generally screened from public view from immediately alongside and above. Whilst there are views from around 350m from the north from Ballagawne Road, the area where housing is proposed sits alongside and slightly lower than the existing housing to the south (Highfield Drive). The approved access will be visible from here.

2.0 THE PROPOSAL - 2.1 The application seek approval for a reserved matters application for erection of a dwelling on plot one addressing siting, internal layout, design, means of access, external appearance and landscaping (in association with 16/01139/A). - 2.2 As outlined above the previous approved application was for approval in principle for the development of seven dwellings, with means of access to be approved (16/01139/A).

3.0 PLANNING POLICY - 3.1 Field 612728 is identified in the Laxey and Lonan Area Plan of 2005 as Proposed Residential with an accompanying text in the Written Statement: Field 7459 to the north of Highfield Drive - Area 13

4.41 It has been suggested that some further residential development could occur behind Highfield Crescent in field 612728 (Area 13). However, this would necessitate a new road leading from Baldrine Road to the site as there is no other means of access from existing roadways. This area is surprisingly inconspicuous as viewed by the general public who would only see the site when coming into Baldrine from Laxey coming towards Garwick Mill and in the winter months when the existing trees between the site and The Crescent screen the site less effectively than in summer. The site may also be seen from a longer view from the Ballagawne Road although again, the site is much less conspicuous in summer than in winter. It is accepted that those existing properties closest to the site may have some views of the site although views may be screened by the introduction of new tree and shrub planting. There is a site of archaeological interest in this field and this should be taken into account in any proposals for development. It is suggested that this site could be suitable for higher density housing - higher than that found in Highfield Drive. If development were to be of this type, play facilities for children must be provided in conjunction with the houses, although this need not be within the site identified as suitable for development. L/RES/P/10 - LAND ADJACENT TO HIGHFIELD DRIVE - Area 13

4.65 THIS FIELD WILL BE CONSIDERED SUITABLE FOR RESIDENTIAL DEVELOPMENT WHERE THIS MAY INCLUDE DEVELOPMENT AT A RELATIVELY HIGH DENSITY TO INCORPORATE PROVISION FOR FIRST TIME BUYERS. DEVELOPMENT MUST HOWEVER ACKNOWLEDGE THE EXISTENCE OF THE SITE OF ARCHAEOLOGICAL INTEREST AND MANX

NATIONAL HERITAGE MUST BE CONSULTED PRIOR TO THE FORMULATION OF DEVELOPMENT PROPOSALS. ACCESS TO THE SITE MAY BE PROVIDED FROM THE BALDRINE ROAD THROUGH FIELD 6254 ALTHOUGH NO DWELLINGS WILL BE PERMITTED IN THIS FIELD. FACILITIES MUST BE INCLUDED IN ANY DEVELOPMENT PROPOSAL FOR CHILDREN'S PLAY.

IT IS LIKELY THAT THERE WILL BE NO MAINS DRAINAGE AVAILABLE TO THIS SITE DUE TO AVAILABLE ACCESS, TOPOGRAPHY AND CAPACITY IN THE EXISTING SYSTEM. AS SUCH PROPOSALS FOR DEVELOPMENT MUST INCLUDE ON SITE SEWAGE TREATMENT.

- 3.2 L/TRT/P/5

3.18 NO DEVELOPMENT WILL BE PERMITTED WHERE THIS WOULD HAVE AN ADVERSE IMPACT ON THE APPEARANCE, CHARACTER, SETTING OR AMENITIES OF ANY RAILWAY BUILDING, FACILITY OR ALONG THE TRACK WHERE ANY VIEW FROM THE MANX ELECTRIC, GROUDLE OR SNAEFELL MOUNTAIN RAILWAYS WOULD BE ADVERSELY AFFECTED.

3.3 L/TRT/R/2

3.19 ENCOURAGEMENT WILL BE GIVEN TO THE DEPARTMENT OF TOURISM AND LEISURE IN ITS EFFORTS TO IMPROVE AND ENHANCE THE MANX ELECTRIC AND SNAEFELL MOUNTAIN RAILWAYS IN TERMS OF THE ROUTE OR BUILDINGS ASSOCIATED THEREWITH.

- 3.4 L/CRB/P/1

7.7 NO DEVELOPMENT WILL BE APPROVED WHERE THIS ADVERSELY AFFECTS EITHER A FEATURE OF ARCHAEOLOGICAL IMPORTANCE OR THE SETTING OF SUCH A FEATURE. MANX NATIONAL HERITAGE MUST BE CONSULTED PRIOR TO THE FORMULATION OF ANY DEVELOPMENT PROPOSALS NEAR TO SITES OF SUCH IMPORTANCE.

3.5 Paragraph 4.35 It has been suggested that the village is suitable for further development as there are opportunities where development could occur and the settlement already has the benefit of a village shop. There is also a suggestion that the settlement is suitable for the location of a new primary school for the Lonan area (see Section 10 - Education). However, the sewerage system involves the discharge of untreated sewage into Garwick Bay via an aged and substandard pipe network running ultimately through Garwick Glen where access is not easily accessible: any increase in development will exacerbate this situation with no prospect of an immediate resolution to this problem. In this respect the Department would require any further development in the areas identified for new housing is accompanied by appropriate treatment plants on the respective sites to ensure that the existing situation regarding the discharge of sewage to the sea is not exacerbated. - 3.6 Paragraph 12.1 Laxey currently suffers from an aged and substandard sewerage infrastructure which experiences infiltration by surface water (which reduces overall capacity) and which is not presently, in the case of the Glen Road sewer, capable of accepting any more effluent. Until appropriate works are undertaken to this sewer, it is unlikely that the Department of Transport will permit many further connections thereto and the Department of Local Government and the Environment will not approve any development where the Department of Transport recommends that there is insufficient capacity within the existing system. - 3.7 Paragraph 12.2 Lonan generally has no treated mains sewerage, all sewage being transported to Garwick where is it discharged untreated into the sea. Whilst it would clearly be unfeasible and uneconomical to require any new developments to introduce a new drainage system for the area as a whole, it is equally important not to worsen the existing situation (IRIS is not likely to be available in Laxey and Lonan within the plan period. As such, individual

• plots which are cumulatively small in number will be accepted as adding only very insignificantly to the existing situation. However, developments which proposed more than one or two new properties per site will be expected to include in the development a sewage treatment facility. This must be designed to satisfactorily treat the sewage which results from the use of the site as proposed and must be connectable to the main system when IRIS finally reaches the area).
• 3.8 Development should also accord with the general standards of development as set out in General Policy 2 of the Strategic Plan:

"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 space 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 adverse 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."

3.9 Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes.

3.11 Strategic Policy 1: Development should make the best use of resources by optimising the use of...unused land; ensuring the efficient use of sites, taking into account the need for access, landscaping, open space and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and services.' - 3.12 Strategic Policy 4; "Proposals for development must: a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest; b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance". - 3.13 Strategic Policy 5: New development including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases,

• the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies".
• 3.14 Environment Policy 40: Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof.
• 3.15 The site, and the field through which the access road will cross have been proposed under the Draft Area Plan for the East for residential development being undertaken by Cabinet Office (GH013 and GH026).

4.0 PLANNING HISTORY - 4.1 Approval in principle for the development of seven dwellings, with means of access to be approved - 16/01139/A - APPROVED at Appeal.

- 5.0 REPRESENTATIONS

5.1 Highway Services make the following comments (18.01.2018): "Means of access to the site for 7 dwellings has already been approved at appeal under the 16/01139/A planning consent. The current application is for a single dwelling. The access and highway impact of this proposal is as per that approval and is acceptable provided the planning conditions for the highway improvements identified in the 16/01139/A permission are implemented.

The drainage proposals have not been reviewed as the highway drainage would be considered as part of a future Highway Agreement required to be able to construct the highway improvements from the 16/01139/A consent.

The dwelling would have 2 adequately sized driveway spaces in accordance with the parking standards and the 'Manual for Manx Roads' design guide. There would also be 2 garage parking spaces and sufficient on-site turning space to allow vehicles to access the parking and enter and leave the site in forward gear."

5.2 Garff Commissioners have no objection to the application (23.11.2018) adding that the application was for a large dwelling which was in a plot of adequate size and also noted the location is in a sensitive are in terms of landscape character and that although the proposal was not for a traditional dwelling, it was of a design that an acceptable compromise in this location. - 5.3 Arboricultural Officer (DEFA) makes the following comments (08.02.2019):

"I have no objection to this application but I recommend you apply the following conditions if it is approved:

• 1) No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 2) Prior to the commencement of the development hereby approved, the protective fencing required to protect retained trees, detailed in the Plot 1 Site Plan (drawing 18/2710/09)

shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated."

5.4 The owners/occupiers of Dreeym, Upper Balladhoo, Baldrine Road (07.12.2018) have objected to the application which can be summarised as: on grounds of highway safety and given the additional traffic which would use the Baldrine Road, due to the blind single lane dog-leg which the application access would be located at and the approval should be conditional on Baldrine Road being significant widened and converted to a two lane road, at least as far as the new entrance. - 5.5 The owners/occupiers of Ballaruud, Highfield Drive, Baldrine (14.02.2019) have objected to the application which can be summarised as: concerns of original application where dismissed as trivial; original application referred to dormers yet this is for a enormous two storey five bedroom house; out of character with other house in the vicinity, there are a plethora of brownfield sites that could be used for housing; and there is no sound economic argument that the Island requires the amount of housing development that the Government seems to think it needs.

- 6.0 ASSESSMENT

6.1 The main consideration relates to the dwelling on plot one addressing siting, internal layout, design, means of access, external appearance and landscaping (in association with 16/01139/A). The issues of this application are the impacts of the proposed dwelling to the visual amenities of the area, impacts upon neighbouring amenities; drainage of the site and potential impact upon trees.

6.2 It should be noted that the access into the site from the Baldrine Road has already been approved as has the traffic generated by seven dwellings. Accordingly, this application does not consider these matters as they have already been approved under application 16/01139/A. Impacts of the proposed dwelling to the visual amenities of the area - 6.3 The main public views of the site would be from the Baldrine Road which is to the southwest of the dwelling on Plot 1, approximately 150m at its closest point. Furthermore the ground level of the Baldrine Road various between 103 and 106 (contour lines) while the application site is lowered, with the proposed dwelling have a floor level of 86 therefore set significantly below that of the Baldrine Road. Accordingly, given the level differences and distances between the dwelling on Plot 1 and the Baldrine Road, the proposal is unlikely to have a significant visual impact upon the visual amenities of the area. It is likely the dwelling would appear as a bungalow rather than a two storey property given the level differences of the site and the adjoining field to the west and southwest of the sit and appear as a continuation of built development of Highfield Drive. It is also noted that the backdrop of this dwelling would also be a mixture of mature trees and other built development within Baldrine. - 6.4 Further, it is noted on the Sectional Plans (C-C & D-D) the proposed dwelling would have a ridge level lower that of the northern most dwellings on Highfield Drive, which currently are not especially visible from the Baldrine Road. - 6.5 Overall, it is considered the design, scale, size and finish are appropriate for this site and the area as a whole, which is made up of a mixture of housing types. This proposal would essentially just increase the existing built developed style found in Baldrine. Impacts upon neighbouring amenities

6.6 The closest neighbouring properties are Emscote, Honey Hey & Ballaruud (shown as Birkdale on submitted plans) which are all to the south of the application dwelling (Plot 1) between 77m & 85m away. The proposals ground level is also set below that of these properties. Accordingly, given the distances between the proposal and these neighbouring properties and the level differences, it is not considered there would be any significant impacts upon neighbouring amenities to warrant a refusal. Drainage of the site - 6.7 Part of the AIP application it was accepted by Manx Utilities that all foul water sewerage of the development could be accommodated within the existing main foul water sewer system. This is proposed by this current application. In terms of the surface water, the applicants have proposed a soak way within Plot 1 and within the section of open scape within the centre of the site (for roadway water). They have indicated that each further plot would have its own soak away. Again this method was considered acceptable by Manx Utilities as the AIP stage. Accordingly, given the principle of soak aways has been accepted previously and as the more detailed assessment of whether such soak away would be achievable would be considered by Building Control, it is considered the proposal from this respect is acceptable. Potential impact upon trees - 6.8 The submission includes a detailed tree report and also tree protection of the existing trees around the boundaries of the site, namely northern and western boundaries. Consideration is also given to the protection of the existing trees which run along Baldrine Road adjacent to where the new footpath would be located. The Arboricultural Officer has no objection to the application subject to the conditions listed within his representation.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would be an appropriate level of development and it is therefore recommended that the application be approved. - 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. 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: 28.02.2019

Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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