Planning Officer Report

Application No.:	12/01204/B
Applicant:	Mr Robert Astick
Proposal:	Erection of a detached dwelling with integral garage
Site Address:	Land To Rear Of Cool Avenue Kirk Michael Isle Of Man

Officer's Report

The Site

1. The site is a parcel of land which lies to the north west of Cool Avenue: a cul de sac which leads from Station Road to the north east and which is parallel with Cannan Avenue to the south east. Station Road is a wide road suitable for two way traffic up to its junction with Shore Road, at which point the road narrows to single track. This narrow length of road serves a number of individual properties and Cool Avenue - a line of twelve properties, mostly detached and single storey.

1. Station Road continues north west past Cool Avenue, towards the coast where there are six properties, all different from each other, single storey, dormer bungalows and a two storey house.

1. Cool Avenue has small gap between Cool Shelagh and Halcyon (5, Cool Avenue). This 5m wide strip runs between both properties into a field to the rear of Halcyon, Cool Shelagh and Range View which adjoins Halcyon. This field is between around 3 acres in size (1.1ha): the proposed site is between 55m and 47m wide and approximately 85m long. To the north east of the site is the curtilage of a dwelling, Cead-Mile-Failte which is accessed from the road which provides access to Michael Football Club from Balleira Road. The application site is around 0.5ha (1.2 acres) in size.

The Proposal

1. Proposed are the full details of the erection of a dwelling. The dwelling will be roughly L-shaped and 16.5m from the rear of Halcyon and Range View and 20m from the side boundary of Cead-Mile-Failte. The existing ground level where the dwelling is to be built is around 750mm lower than the road at the entrance to the site.

1. The dwelling will be around 20m by 25m and the ground floor level around 0.5m lower than the level of the road at the entrance to the site. The dwelling will be single storey, simple in design and finish (grey or brown concrete tiles and plain painted render finish). The dwelling will be 5m high at its highest point.

1. Access to the property will be via a new drive between Halcyon and Cool Shelagh, leading out onto Cool Drive. Visibility here is limited by an existing fence alongside Halcyon and vegetation alongside Cool Shelagh.

Case Officer :	Miss S E Corlett
Photo Taken :	19.09.2012
Site Visit :	19.09.2012
Expected Decision Level :	Officer Delegation

1. The site lies within an area of Residential use on the 1994 Kirk Michael Local Plan. As such, General Policy 2 of the Strategic Plan is applicable in this case:

"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."

1. The Local Plan shows a line which represents the extent of the land which would be affected if the rate of erosion was three times the rate it has been in recorded past. This line affects a very small part of the north western extent of the field marked in blue alongside the application site.

Planning History

1. PA 11/01722/A - Approval in principle for erection of a dwelling

Status - Approved at Appeal 21st May 2012. The site of that application differed from that of this current application in that the site extended to all of the area to the rear of the Cooil Avenue properties, right up to Station Road. As proposed the site extends to within around 50 m of Station Road to the west.

1. PA 08/00945/A - Approval in principle for the erection of three dwellings

Status - Refused at Appeal 5th February 2009

1. PA 05/00014 - Approval in principle for a residential development of sixteen plots, with roads sewers and access via Cooil Avenue,

Status - refused

1. PA 95/00438/A - Approval in principle for residential development Fields 4089, 4293, and 4594, between Cooil Avenue and Beachfield Road, Kirk Michael.

Status - Refused 19th September 1995

Representations

1. Highways Division does not object to the application.

1. The Manx Electricity Authority recommend that the applicant liaise with them regarding proposed electricity supplies to the site.
2. The owner of 5, Cooil Avenue seeks assurance that consideration will be given to construction traffic due to the proximity of their property.
3. The owner of Range View objects to the application on the basis that in the appeal for the application in principle, the applicant indicated that the proposed dwelling would have shorter span roofing which would involve smaller, shorter vehicles coming to the site. He also notes that the previous application showed all of the area between the property and Station Road as being the site whereas in the current application, there is a large portion of field left between the red line area and Station Road and queries whether this means that there is an intention to develop this land.
4. Michael Commissioners indicate that they do not oppose the application.
5. The Isle of Man Water and Sewerage Authority sends in comments about the discharge of surface water (the application states that it is to be discharged to a soakaway) and connection to the main sewer, which is a matter for the drainage authority.

Assessment

1. Whilst the application is not for the matters reserved from PA 11/1722, this is a material consideration and the principle of a dwelling to be construction on the land to the rear of Cooil Avenue was considered so recently that this principle should not be queried. There is a difference, however, between the context of the approval granted under this earlier application, and what is currently proposed in that the earlier application site was considerably larger than the site now proposed, although the remaining land is still shown to be within the ownership of the applicant. The proposed dwelling is, however in roughly the same position as was shown in PA 11/1722 albeit that the closest part of the proposed dwelling is closer to the rear boundary of Halycon and Range View than was shown earlier ( 14 m compared with 16.5 m ). As the existing properties to the south are around 25 m from this rear boundary, this reduced distance is not considered sufficiently different to warrant refusal of this application, bearing in mind what was shown in the approval in principle and that no specific conditions were attached regarding siting.
2. Whilst the residential curtilage is smaller than that shown in the approval in principle the land is still owned by the applicant. He indicates that this is sufficient for his requirements. There is a stable building shown on the remaining land to the west and provided that there is no implication of approval for any further dwellings on this land, it is considered that there is no harm in approving the dwelling with a smaller residential curtilage. Arguably this will result in a dwelling more in keeping with the neighbouring dwellings. If the whole of the areas edged red and blue were shown as the residential curtilage, there would be no more or less of an implication that further residential development here would be permissible.
3. The site is visible from the narrower part of Station Road but from where existing other properties are visible and as such the dwelling will not be a intrusion into this view. Being single storey and low-rise the impact will be reduced further.
4. The construction traffic associated with a building project is not generally a planning consideration due to the fact that this is a temporary condition. Also construction traffic can be generated by projects for which planning permission is not required - ie permitted development buildings, refurbishment and maintenance. In this case, the applicant should bear in mind the narrow accessways to the site and the proximity of other properties to these accesses.

1. In summary, it is considered that the proposal accords with the spirit of the approval in principle granted in May of this year. Whilst the property is slightly closer to the properties to the south east and the site is smaller than that shown in the approval in principle, these are not considered sufficient to warrant refusal of the application.

PARTY STATUS

1. The local authority, Michael Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The occupants of Range View and 5, Cooil Avenue are alongside the site and the access and as such should be afforded party status.

1. The Manx Electricity Authority does not raise material planning considerations in their correspondence and as such should not be afforded party status in this case.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Isle of Man Water and Sewerage Authority do not raise material planning considerations and as such should not be afforded party status in this case.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 16.10.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal

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 permission relates to the erection of a dwelling as shown in the location plan, drawings 4382/4, 4382/S2, 4382/P2 AND 4382/9, all received on 29th August, 2012.

C 3. No approval is hereby granted or implied to the principle of the erection of further dwellings on this site.

NOTE: it is noted that the application site is smaller than that approved under PA 11/01722 which was for the principle of the erection of a dwelling on the whole area edged red and blue in this current application. However, simply because the whole site is not now the residential curtilage of the proposed dwelling, there is no presumption in favour of any further dwellings on the remaining land edged blue.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 26/10/2012

Determining officer (delete as appropriate) Signed : Signed : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................