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Application No.: 18/00504/B Applicant: Mr Richard And Mrs Julie Cassidy Proposal: Erection of two dwellings together with shared access drive directly off Douglas Road Site Address: Part Of Field 234268 Land Adjacent To Cass-a-Lhergy Douglas Road Kirk Michael Isle Of Man Head of Development Management: Mr S Butler Photo Taken: 12.12.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 09.12.2019 _________________________________________________________________
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 allow vehicles and pedestrians to pass while a car is parked when the gates are being opened.
Reason: To maintain the amenities of the area by minimising the level of tree canopy cover lost due to development
Reason: To ensure that the trees marked for retention are adequately protected from construction activity which may have a detrimental impact on their health and longevity.
Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Reason: For the avoidance of doubt and to ensure that these details have been fully considered and approved by the Department.
Reason: For the avoidance of doubt, and to ensure that areas of the site, particularly the garden to the rear, are not hard surfaced without those details being considered and approved by the Department, particularly having regard to the visibility of the site from the road and it being approved as a departure from land use zoning.
Reason: To ensure the development takes place in accordance with the approved plans and to prevent overlooking.
Reason: For the avoidance of doubt, and to ensure that areas of the site, particularly the garden to the rear, are not subject to developments which may be inappropriate, particularly having regard to the visibility of the site from the road and it being approved as a departure from land use zoning.
Plans/Drawings/Information; This approval relates to the following plans/drawing/information:
_______________________________________________________________ Interested Person Status – Additional Persons
None. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT DOES NOT ACCORD WITH THE LAND USE ZONING, AND THE LOCAL AUTHORITY HAVE OBJECTED, BUT IT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE - 1.1 The site located northeast of Douglas Road, Kirk Michael. The land at present forms part of the land ownership of the dwelling known as "Cass-a-Lergy", itself located northeast of the Douglas Road. This dwelling is, along with a larger pair of fields further to the northeast, edged blue on the submitted plans. To the north of the wider site area is an access track serving the Lhergyvreck Farms and some isolated dwellings. - 1.2 The site is at present primarily given over to grass and is lined by trees to the highway and hedging elsewhere, although trees are found sporadically along the boundaries. The eastern horizon is quite close to the highway as the land rises up quite steeply in this direction, while the topography is a little flatter towards the northeast. - 1.3 The highest point is in the north-eastern corner and the lowest point is in the southwestern corner. The highest point is around 7 metres higher than the highway with the lower point being approximately 3 metres lower. - 1.4 The site is prominent and readily visible from the highway, which forms part of the TT course.
2.0 THE PROPOSAL - 2.1 The application seeks full approval for the erection of two detached houses. Each is to be two storey with a projecting garage to the front, above which is a balcony area. The site currently slopes up and away from the road, and so the proposal will require excavation of the bank to create a level site, and the installation of a retaining wall. - 2.2 The dwellings will share a driveway with a new access.
2.2 The application does not contain details of the excavation or construction of the retaining wall, however it does include cross sections and a site plan showing levels. The change in levels will mean the rear gardens are raised up, with tiered planting. Although details of fencing are not supplied, the site plan shows a "ranch fencing" proposed on the border between plots up to the steps, whilst a 1.8 metre timber high fence is to be installed at the change in levels between plots running between steps to rear of Plot 2 to front face of houses. To the front the proposal is to retain the Manx bank to the front (amended for visibility) and a 0.9 metre stone wall with pillars edging the access into the site. - 3.0 PLANNING POLICY
3.1 The site lies within an area not zoned for any form of development on the Kirk Michael Local Plan 1994; it is within a wider area zoned as 'Open Space (Agriculture)'. There are some policies in the Local Plan that are of material relevance.
3.2 Policy 5.9 states in full: "No further areas should be allocated for residential development. Vehicular access to any residential area must be subject to consultation with the Department of Highways, Ports and Properties. The maximum number of dwellings which could be satisfactorily served by the Slieau Curn estate road must be determined in consultation with the Department of Highways, Ports and Properties whose minimum standards must be upheld as regards the capacity of this estate road." - 3.3 Policy 5.14 states: "Any development of residential areas to the east of the built environment should pay regard to the suggestion of a by-pass to the east of Kirk Michael. The feasibility and desirability of such a link should be further examined by the Department of Highways, Ports and Properties in association with the Michael Commissioners". - 3.4 The Strategic Plan also contains some relevant policies. - 3.5 The relevant extract of Strategic Policy 2 reads: "New development will be located primarily within our existing towns and villages...". Housing Policy 4 reiterates this text. - 3.6 Strategic Policy 10 reads in full: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
3.7 Spatial Policy 3 specifically identifies Kirk Michael as a Service Village. - 3.8 General Policy 3 reads in full: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.9 Environment Policy 1 states in full: "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."
3.10 Environment Policy 42 reads in part: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality". - 3.11 Housing Policy 1 reads in full: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016". - 3.12 Transport Policy 1 reads in full: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes". - 3.13 Transport Policy 7 reads in full: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards". Appendix 7 of the Strategic Plan is clear that, for new dwellings, this is to be two car parking spaces per dwelling, with ideally one behind the building line. - 3.14 The Department has published a Residential Design Guide (2019), which is capable of being a material consideration.
4.1 PA15/00815/A for Approval in principle for residential development for two dwellings addressing siting and means of access was approved at appeal on 28.01.16. This was subject to 6 conditions - 1 to 3 relating to time for commencement/reserved matters, 4 required final ground levels to be shown, and 5-6 related to protecting trees. - 4.2 The inspector's report noted that the proposal conflicted with the Local Plan and the site had not been designated as predominantly residential. However, he stated that, "…I consider that very few people would perceive two well designed and located houses on this site, fronting the road, as encouraging in any tangible way into the countryside. There are houses on both sides and opposite, and the village development boundary extends some 120m further beyond, on up the hill. The locality does have a peripheral character, certainly rural, but in my assessment is it’s within rather than outside this end of Kirk Michael. It is also within easy reach of the school, shops and local services … other than its frontage, the sites' contribution to rural character although realm is modest". - 4.3 The inspector's report goes on to note that the site is some way outside the Kirk Michael Conservation Area and that although the Character Appraisal highlights the importance of views and vistas outwards from the Conservation Area, and concludes these, "would be unaffected by this proposal". - 4.4 The report notes Paragraph 8.8.3 of the Strategic Plan is more directed towards groups of houses in the Countryside, rather than within a Service Village as defined by Spatial Policy 2. He also notes that Local Plan policy 5.9 is more directed to which areas should be allocated than assessing individual applications. However, he also notes that the proposal does not accord with any of the exceptions set out in General Policy 3 to its general presumption (echoed in Local Plan Policy 12.4) against development outside areas so zoned, and that outlying areas of rural settlements come under development pressures that would undermine countryside policy. His overall conclusion however is that, "subject to a number of safeguards two well designed and sited houses could be erected here without significant harm to the important underlying aims of planning policy to safeguard the Manx countryside, and the fringes of rural settlements, from ad hoc development". - 4.5 However, he notes the proposed countryside layout indicatively provided with the approval in principle and indicates that this would be at odds with the above assessment. In
"40. In the Appellants' favour, I have concluded that the development of this smaller site for one dwelling is acceptable in principle; that the basic designs of the proposed buildings are acceptable; that the scheme would not be detrimental to the character and appearance along its roadside boundary (through the loss of one tree and cutting through the bank) and that the proposed access would not compromise highway safety. I also acknowledge the Appellants' desire to both live on the site and to keep their horses close to the accommodation.
5.1 Michael Commissioners comment on 23.05.19 requesting deferment, on 14.06.18 confirming no objection and on 20.08.19 confirming no objection to the amended plans, subject to the land is zoned for planning and not agricultural land (N.B. The land is not zoned for development and therefore this is interpreted as an objection). - 5.2 DOI Highway Services commented on 15.06.19 raising various concerns and requesting additional information/amended plans. They further commented on 26.09.19 suggesting further revisions to the drawings. They finally commented on 21.11.19 in relation to revised plans that the proposals are acceptable subject to conditions in relation to the Provision of Visibility Splays, Surfacing of Driveway and Provision of access, parking and turning areas (all prior to occupation) and any Gates being set back at least 6 metres from the highway (and opening inwards). They also note the requirement for a S109A Highway Agreement in order to construct the access onto the highway. - 5.3 The DEFA Arboricultural Officer commented on 13th June 2019 providing detailed comments, in summary these were:
5.4 The DEFA Arboricultural Officer commented on 30th July 2019 confirming that the concerns raised previously had been addressed. He asked it to be noted that the size, age and prominence of the trees makes the suitable for registration under the Tree Preservation Act, and undertook to advice the applicant of this. He suggested that if approved three conditions should be applied in relation to tree protection (no tree removed etc. within 5 years of occupation, protective measures in place prior to works and replacement tree planting plan implemented. - 5.5 No comments have been received from the owners' occupiers of the neighbouring properties.
6.0 ASSESSMENT It is considered that the key issues are:
6.3 Impact on neighbouring properties
6.4 Standard of accommodation for future occupiers
7.1 Having regard to the planning history, and in particular previous appeal decisions, together with the advice of consultees, the proposal is supported subject to conditions. - 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 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:…16.12.2019
Signed :………S BUTLER………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
YES/NO See below
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