Planning Officer Report

Application No.:	12/01138/B
Applicant:	Andy Fisher
Proposal:	Erection of a terrace of three dwellings with parking and new vehicular access onto Ramsey Road
Site Address:	Land Adjacent To Carnaween
Battery Road
Peel
Isle Of Man

Officer's Report

THIS APPLICATION IS RECOMMENDED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY OBJECTS TO THE PROPOSAL AND A SUBSTANTIAL NUMBER OF OBJECTIONS HAVE BEEN RAISED AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.

Introduction

1. This application seeks permission to construct a terrace of three dwellings on a parcel of land located in Peel.

The Site

1. The application site is a piece of land located to the north of a property called Carnaween, Battery Road, Peel. The land currently forms part of the curtilage of that property. Carnaween is a three storey end terrace dwelling which sits at the northern end of a short terrace of three similar dwellings all of which have a red brick finish to their front elevations. To the north of the site is a detached property known as Greystones. The modern estate of St Patrick's View is set to the north east of the site. A lane runs from Ramsey Road along the rear of the terrace.

1. To the west of the site is a large area of public open space known as the Headlands. This land extends towards the coast. Views of the Headlands are available from Peel Promenade and from Peel Breakwater (see photographs from site visit). From the breakwater, the terrace of buildings can be seen although it is the properties which have a white painted finish which stand out most clearly.

The Proposal

1. This application seeks approval for the construction of a terrace of three dwellings which would be positioned to be more or less in line with the existing terrace. Vehicular access to the dwellings would be taken from Ramsey Road utilising the existing lane to the rear which would be surfaced with brick pavilions. Parking spaces for 2 cars would be provided along with a rear garden. Pedestrian access would be available from Battery Road.

1. The dwellings would have a traditional design which would seem to have taken inspiration from style of Carnaween, having a full height projecting gable on the front

Case Officer:	Mr Steve Stanley
Photo Taken:	12.09.2012
Site Visit:	12.09.2012
Expected Decision Level:	Planning Committee

elevation containing a square bay window at each level. There would be a smaller pitched roof dormer at second floor level. External finishes are stated on the submitted plans as being natural slate for the roof, terracotta colour ridge tiles, painted rendered walls with contrasting bands and plinth in a terracotta colour brick. All windows and doors would be white uPVC. The building would be slightly lower than Carnaween.

1. Each of the three proposed dwellings would provide a lounge, dining room and kitchen at ground floor level along with five bedrooms spread over the upper two floors.

Development Plan Policies

1. The application site is located within an area which is designated as being Predominantly Residential by the Peel Local Plan. This is the same land designation as St Patrick's View, Greystones and the existing terrace. There is a parcel of land to the north east of the application site which is identified as being for reclamation. This was an old quarry which has now become naturalised.

1. Within the Peel Local Plan, Paragraph 5.14 is considered to have relevance. This states:

"NEW RESIDENTIAL DEVELOPMENT WILL BE TO APPROPRIATE DENSITIES IN ORDER BOTH TO MEET THE REQUIREMENTS OF THE POPULATION AND TO REDUCE THE IMPACT ON THE COUNTYRSIDE."

1. The Isle of Man Strategic Plan - Towards a Sustainable Island contains the following which are judged to be relevant in the assessment of this application:

Strategic Policy 1:

"Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;

• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and

• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

Strategic Policy 2:

"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

General Policy 2:

"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."

Housing Policy 2:

"The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan."

Housing Policy 3:

"The overall housing provision will be distributed as follows:

• North 1,200
• South 1,300
• East 2,500
• West 1,000
• All Island 6,000"

Housing Policy 4:

"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

Transport Policy 4:

"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

PA 96/01215/A sought approval in principle for residential development on a parcel of land which included the application site and the land which St Patrick's View now occupies. This application was approved.

PA 10/00219/A sought approval in principle for the erection of a dwelling on land between Cliffe Cottage and Greystones, Battery Road. This application was approved at appeal. The appointed person presiding over the appeal made a number of relevant comments which are referred to in the assessment section of this report.

Representations

1. The Highways Division of the Department of Infrastructure does not object to this application. The Division has provided a detailed account of why they do not oppose the application having viewed the comments received. This states:

"Off street parking spaces in accordance with the Isle of Man Strategic Plan, Appendix 7, Table A.7.6 which states that for residential property 2 spaces per unit are require.

Visibility splays from Battery Road onto Ramsey comply with PPG13 standards for a major road where vehicles are travelling around 40mph, 120 metres.

The width of the lane at the entrance is wide enough to accommodate two way traffic flows, thus reducing the need for vehicles to stop on the carriageway.

The lane for the proposed development complies with Manx Roads 1 guidelines for a 'Private Drive - Shared Surface'.

In addition to the above, accident data indicates that there have been two damage only accidents within this location (not at the entrance to the lane) over the last 5 years.

An inspector's report for PA 10/00219/A stated that the access from battery Road onto Ramsey Road was acceptable.

It is for the above reasons that Highways do not oppose this application."

1. Peel Town Commissioners object to this application on the grounds that a new access junction will be created within 70 metres of an existing junction onto a main road. In addition the proposed site will be lost to wildlife (both flora and fauna) if developed. The development will not conform to the current Strategic Plan in terms of exceeding the limit of new housing development for the West. Concerns are also expressed in the existing sewerage capacity being able to cope.

1. The Manx Electricity Authority has provided advisory notes for the applicant relating to nearby overhead/underground cables and electricity supply.

1. The following have submitted objections to this proposal:

The owner/occupier of Ballabooie Farmhouse, Ballabooie Road, Peel The owner/occupier of Peace, 4 St Patrick's View, Ramsey Road, Peel The owners/occupiers of 3 St Patrick's View, Ramsey Road, Peel The owner/occupier of 1 St Patrick's View, Ramsey Road, Peel The owner/occupier of 9 Birch Drive, Peel The owner/occupier of The Mount, Mount Morrison, Peel The owner/occupier of Greystones, The Headlands, Battery Road, Peel The owner/occupier of Lhoobs Cottage, The Eairy, Foxdale The owners/occupiers of Seafield, Peveril Road, Peel The owners/occupiers of 8 St Patrick's View, Ramsey Road, Peel The owners/occupiers of 2 St Patrick's View, Ramsey Road, Peel The owner/occupier of Everest, 46 The Causeway, Carr Hill, Gateshead, Tyne and Wear The owner/occupier of 11 North View, Peel The owner/occupier of Smoke Acre, Norton Lane, Chew Magna, Bristol The owner/occupier of 19 Raad Ny Gabbil, Castletown The owner/occupier of 21 Windy Nook Road, Gateshead, Tyne and Wear The owner/occupier of Amberleigh, 86 Fairways Drive, Mount Murray, Santon The owners/occupiers of Ard na Mara, Mount Morrison, Peel The owner/occupier of Aailid Feie, 5 St Patrick's View, Peel

1. The issues raised may be summarised as concerns regarding the ability of the existing sewerage capacity to serve the proposed development, that the proposal would represent overdevelopment of the land, that the development would cause harm to wildlife, that pedestrian safety would be undermined, that the development would have an unacceptable visual impact, that the density of the development is too high, that there is no need for additional dwellings in the area, that views from adjacent properties would be adversely affected, that the development would result in a loss of light and sunlight to adjacent properties, that insufficient parking and manoeuvring space would be provided to serve the dwellings, that the access would not have sufficient visibility, that the works to the lane may result in structural damage, that the proposed internal layouts of the dwellings would result in a poor level of amenity, that trees would be lost, that the proposed dwellings would be too tall, that the privacy of adjacent properties would be unacceptably affected, that road safety would be undermined, that additional noise would be generated by cars coming and going, that there are already a large number of unsold properties in the area, that the rear of the proposed properties would not be adequately secured, that lighting could undermine amenity of adjacent properties, that the design of the dwellings is a poor pastiche, that the flat roof design of the kitchens would not be environmentally friendly and that the views from Peel Castle and the breakwater would be harmed.

1. A number of those that have commented on the application state that they are not opposed to the principle of residential development of the site but feel that this proposal is unacceptable.

ASSESSMENT

1. The key issues to be assessed in the determination of this application are i) the principle of residential development on the site, ii) impacts upon the character and appearance of the surrounding area, iii) impacts upon adjacent properties, iv) whether the proposed access and parking arrangements are acceptable, v) drainage and vi) impacts upon wildlife and trees.

i) the principle of residential development on the site

1. The land is designated for residential development by the Peel Local Plan. Accordingly, subject to the assessment of detailed matters, the principle of residential development is judged to be acceptable. In the appeal for 10/00219/A, the inspector stated:

1. "The site is accepted to be within the predominantly residential area of Peel. Battery Road forms a boundary beyond which are newer residential areas of Peel."

1. The Local Authority has raised concerns that the proposed dwellings would exceed the number of dwellings allocated to the West of the Island by the Strategic Plan. The most recent case to have raised such concerns is 10/00544/B. With regards to housing numbers, the appointed person presiding over that case made the following points:

"83. I make here an observation at to the approach to Policy. My colleagues have sought answers to the question of harm which may arise from breach of the figures given in the Strategic Plan. However, before considering this matter, I prefer to address the requirements of the development plan, unless material considerations indicate otherwise. The SP, for good or ill, does not describe the regional distribution as a set of target figures. What is required primarily is a purely numerical exercise. Following the outcome of that exercise, material considerations may indicate an alternative approach. Absence of identifiable harm may be one such, but the issue of harm to the policy itself must also be considered.

1. There was no dispute at the inquiry over the numerical evidence on housing land supply. Whilst others not at the inquiry made their own analysis, there is no good reason not to accept the figures given by the Planning Authority. The degree of conflict is that immediately on approval of this application the permissions granted in the western area of the Island would exceed the target figure by 66 dwellings. However, there are 130 planning permissions so far implemented, and it is known that 54 of these are incapable of implementation. There are therefore 54 permissions which are not "development opportunities", so that the excess of development opportunities would be 12 dwellings. That is the strictly numerical calculation.

1. On an historic basis the likely number of additional conversions and windfalls up to 2016 was projected to be 64. There is no reason why these should be permitted if they would lead to, or add to a numerical excess of planning permissions. Leaving these aside, granting permission for the proposed development would lead to an excess of about 1.2%, a negligible amount, which may well be balanced by non implementation of some of the 76 permissions still implementable.

1. I conclude that there would be no material conflict with Housing Policy 3. I do not consider there to be any policy support for making allowance for windfall and conversion development, and since there are no applications, any which do arise should be the subject of the same considerations as apply in this case. If they take to number of development opportunities in the area since 2001 to exceed 1000, they would be contrary to the development plan, and should only be permitted if other material considerations outweigh the conflict with the development plan."

1. Clearly there is a substantial difference between the above cited proposal for 101 dwellings and this current application which seeks approval for 3 dwellings. It is highly unlikely that approval and construction of the proposed units would have much if any impact upon the housing figures for the West quoted by the Strategic Plan. The 1.2% increase identified in the consideration of 10/00544/B would not be substantially altered by the proposal and would likely be balanced by non implementations of existing permissions. Such an increase is judged to be negligible.

ii) impacts upon the character and appearance of the surrounding area

1. From the closer range vantage point of Ramsey Road, the site is clearly visible. However the length of Battery Road is already characterised by some residential development with Cliffe Cottage closest to the coast, Greystones towards the middle of Battery Road and the red brick terrace at the Ramsey Road end. Further development has been allowed between Cliffe Cottage and Greystones and some of the newer developments to the north and north east can be seen as part of the view towards the site from Ramsey Road. It is judged that the development of the site would not cause unacceptable harm to the character and appearance of the area when viewed from Ramsey Road of the Headlands.

1. More distant views are available towards the Headlands from Peel Breakwater. From here the white rendered finish of Cliffe Cottage and Greystones are the most eye catching and the larger massing of the red brick terrace can be appreciated. The line of development of on the opposite side of Ramsey Road from the Headlands can also be seen.

1. The appointed person presiding over the appeal for 10/00219/A made the following comments in relation to landscape impact:

"The white painted dwellings either side of the site are very prominent in the landscape. The muted colours of newer dwellings are of less impact. The appeal site is an important part of the view from the harbour and castle, but this is only because the eye is drawn to the site by its neighbours, and not because of its intrinsic beauty. In my view development would not be out of place, but because of its prominence great care would be necessary in design.

At close quarters the site has a pleasant rural character. However, local planning policy envisages development, and the loss of rural character will have been accepted in coming to that conclusion."

1. It is judged that whilst the development would be visible from close range and from further away at the breakwater, the impact would not be unacceptable. It would be possible to control the colour of the buildings through the imposition of a condition if it were felt to be necessary. It is concluded that the visual impact of the proposed development would not be such that refusal would be warranted.

iii) impacts upon adjacent properties

1. In terms of nearby properties, Greystones is a detached dwelling which sits to the north west of the site. To the north east, the closest properties are 2 and 3 St Patrick's View and Carnaween sits to the south east.

1. With regards to Greystones, the side elevation of the closest proposed dwelling would be approximately 10.5 metres from the side elevation of Greystones. The majority of the existing planting along the shared boundary would remain and the side elevation of the proposed dwelling would not contain windows which may cause unacceptable overlooking. For these reasons it is judged that the amenity of Greystones would not be harmed in an unacceptable manner.

1. The main three storey section of the proposed dwellings would be set some 28 metres from 2 and 3 St Patrick's View with the single storey rear outlet being around 22 metres away. It is generally accepted that a back to back distance of 20 metres is sufficient to prevent unacceptable overlooking between properties and accordingly, it is judged that the proposal is acceptable in this regard. In terms of other potential

impacts, the spaces between the proposed buildings and adjacent properties are judged to be sufficient to prevent unacceptable harm.

1. Turning to Carnaween, this property is in the ownership of the applicant and as such any impacts arising from the proposal is in their control. Notwithstanding this, it is judged that the development would not undermine amenity of Carnaween in an unacceptable manner.

iv) whether the proposed access and parking arrangements are acceptable

1. The Isle of Man Strategic Plan requires new residential dwellings to be provided with 2 off street car parking spaces. The proposal would comply with this requirement.

1. Access to the properties is to be via the existing lane which runs behind the existing terrace onto Ramsey Road. Upgrading and resurfacing would be required to allow this to provide access. The Highways Division does not oppose this application, stating that the visibility, width of the proposed access and parking provision all meet with their requirements. As the statutory body for highway safety, it is judged that the assessment by the Highways Division confirms the proposal to be acceptable in this regard.

v) drainage

1. Concerns regarding drainage have been raised by Peel Town Commissioners who act as agent for drainage on behalf of the Isle of Man Water and Sewerage Authority. They comment that "Concerns are also expressed in the existing sewerage capacity being able to cope." The matter has also been raised with the Isle of Man Water and Sewerage Authority however officers referred the case officer back to Peel Town Commissioners, but in doing so stated that "the combined sewer in Peveril/ Ramsey Road does have capacity to drain 3 houses". The case officer has requested further information to demonstrate what the concerns of Peel Town Commissioners are based on in order that this can be taken into account. Nothing further has been received.

1. On the basis that no evidence has been submitted to demonstrate that the development could not be adequately drained, it is judged that it would not be reasonable to withhold planning permission on the basis of the concerns raised.

vi) impacts upon wildlife and trees

1. The site has a number of trees within it, mostly set to the northern boundary. It is proposed to remove one of the larger trees located close to the boundary and five smaller trees located towards the middle of the site. The Forestry Officer from the Department of Environment, Food and Agriculture has assessed the trees in question and commented that he does not have any issues with regards to the removal of the trees identified. It is stated that the area is quite exposed and as such the trees in there have a low amenity value.

1. With regards to wildlife, the Senior Biodiversity Officer from the Department of Environment, Food and Agriculture has been asked to assess this aspect of the proposal. He has raised no issues regarding impacts upon wildlife or habitat.

Conclusions

1. Whilst the concerns raised in relation to this application are understood, it is judged that the application meets with the requirements of the Development Plan. The land in question is designated for residential development by the Peel Local Plan. Having

considered all of the matters above, it is judged that the application meets with relevant policy and should therefore be approved.

Recommendation

1. It is recommended that this application be permitted, subject to the conditions set out at the end of this report.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore recommended to be afforded Interested Party Status (all are immediately adjacent to the site):

• The owner/occupier of 1 St Patrick's View, Ramsey Road, Peel
• The owners/occupiers of 2 St Patrick's View, Ramsey Road, Peel
• The owners/occupiers of 3 St Patrick's View, Ramsey Road, Peel
• The owner/occupier of Greystones, The Headlands, Battery Road, Peel

1. It is judged that the following parties do not meet with the requirements of Planning Circular 1/06 and therefore it is recommended that they are not granted Interested Party Status:

• The Manx Electricity Authority
• The owner/occupier of Ballabooie Farmhouse, Ballabooie Road, Peel
• The owner/occupier of Peace, 4 St Patrick's View, Ramsey Road, Peel
• The owner/occupier of 9 Birch Drive, Peel
• The owner/occupier of The Mount, Mount Morrison, Peel
• The owner/occupier of Lhoobs Cottage, The Eairy, Foxdale
• The owners/occupiers of Seafield, Peveril Road, Peel
• The owners/occupiers of 8 St Patrick's View, Ramsey Road, Peel
• The owner/occupier of Everest, 46 The Causeway, Carr Hill, Gateshead, Tyne and Wear
• The owner/occupier of 11 North View, Peel
• The owner /occupier of Smoke Acre, Norton Lane, Chew Magna, Bristol
• The owner/occupier of 19 Raad Ny Gabbil, Castletown
• The owner/occupier of 21 Windy Nook Road, Gateshead, Tyne and Wear
• The owner/occupier of Amberleigh, 86 Fairways Drive, Mount Murray, Santon
• The owners/occupiers of Ard na Mara, Mount Morrison, Peel
• The owner/occupier of Aailid Feie, 5 St Patrick's View, Peel

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 17.10.2012

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

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of three dwellings with parking and new vehicular access onto Ramsey Road, Land adjacent to Carnaween, Battery Road, Peel as shown by 11/70/02, 11/70/03, 11/70/04 and 11/70/05 received 10th August 2012.

C 3. Prior to the occupation of the approved dwellings, the parking area shown by drawing 11/70/04 must be constructed and available for use by occupiers of the dwellings.

C 4. All trees with the exception of those shown to be removed by drawing 11/70/03 must be retained and afforded adequate protection during the construction works relating to the approved development. Should any trees become diseased, limbed or removed they must be replaced with trees of the same size and species and retained as such thereafter.

C 5. The roof(s) must be finished in dark natural slate.

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 : Permitted... Committee Meeting Date : 29.10.12

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO