Officer Planning Report 12/01312/B

Officer's Report

Application No.:	12/01312/B
Applicant:	John Blatcher
Proposal:	Erection of a dwelling
Site Address:	Land At Ramillies Clay Head Road Baldrine Isle Of Man

Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:	16.10.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises a parcel of land (approximately 0.07ha) that is currently part of the residential curtilage of a detached dwelling (Ramillies) located on the southern side of Clay Head Road in Lonan. The application site has frontage onto Clay Head Road along its northern boundary and is bounded by existing residential properties to its east (Cooil Beg), its south (Ramillies) and its west (Lindholme Lodge). An existing access from Clay Head Road to Ramillies runs through the western side of the site.

1. The application site rises steeply from north to south, with a change in levels of around 11.5 metres from lowest to highest points. The site contains a number of existing mature trees and other significant vegetation.

The Proposal

1. The proposal comprises the erection of a dwelling on the application site. The proposed two storey dwelling is accommodated on the application site through a combination of cut and fill to create a level area to build upon. The proposal entails the removal of six existing trees.

1. Access would be provided from the existing access onto Clay Head Road, with the existing through access to Ramillies is discontinued and blocked up with tree planting. Ramillies retains a separate access elsewhere further along Clay Head Road. The proposed dwelling includes an integral double garage and driveway that provides on-site turning facilities and additional parking if necessary.

1. Surface water is proposed to be dealt with by on-site soakaway and the planning application includes percolation test results showing that this viable. Foul sewage is proposed to be dealt with by connection to existing public sewerage within the area.

Planning History

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

1. Planning application 01/01990/A sought approval in principle for the erection of a dwelling on land between Lindholme Lodge and Cooil Beg. This previous planning application was initially refused on the 26th February 2002. The initial refusal was confirmed at review, with the review refusal decision issued on the 19th April 2002. The initial and review reasons for refusal were identical, those two reasons were:

Reason 1:

"Whilst the site is within an area designated for Predominantly Residential use on the 1982 Development Plan Order, the Committee is not persuaded that the site is of a size or shape so as to permit the erection of dwelling, together with the required parking, turning and private space associated with residential property, such that the new dwelling could sit comfortably amid the existing landscaped setting and not be uncomfortably close to the lane or the property to the east."

Reason 2:

"The proposal would involve the loss of a number of mature trees and shrubs which contribute collectively to the attractive amenities of the area."

1. Planning application 02/00772/A sought planning approval in principle for the erection of a dwelling at Ramillies on land between Lindholme Lodge and Cooil Beg. This previous planning application was initially refused on the 19th September 2002. The initial refusal was confirmed at review, with the review refusal decision issued on the 18th November 2002. The initial and review reason for refusal were identical, that reason was:

Reason 1:

"Whilst the proposal is improved from that shown in PA 01/1990, the erection of a dwelling on the site would still result in the loss of vegetation (accepting that seven pines have authorisation for removal by Department of Agriculture, Fisheries and Forestry licence which would be detrimental to the surrounding area.

The erection of the dwelling is likely in time to lead to the loss of those trees which are not to be removed immediately, due to their being too close to the new dwelling."

A subsequent appeal against the refusal of the planning application was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal issued on the 7th April 2003.

1. A number of other previous planning applications elsewhere than the application site have been referred to by the applicant's agent and parties who have made representations:

1. Planning application 07/01836/B sought planning approval for the erection of four detached dwellings with associated services and parking on land at the end of Clay Head Close. This previous planning application was refused on the 15th September 2008. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 2nd February 2009.

1. Planning application 11/00538/B sought planning approval for the erection of three detached dwellings with associated services, parking and landscaping on land at the end of Clay Head Close. This previous planning application was approved on the 22nd June 2011. A subsequent appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 19th December 2011.

PLANNING POLICY

1. In terms of local plan policy, the application site is located within a wider area of land that is designated as predominantly residential use under the Laxey and Lonan Area Plan Order 2005. This plan contains two policies that are considered specifically material to the assessment of the planning application.

1. Policy L/RES/PR/1 states:

"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."

1. Policy L/OSNC/PR/6 states:

"With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of trees within the study area including instances where this is proposed in order to facilitate development."

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

1. 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. Housing Policy 6 states:

"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

Paragraph 6.2 refers back to General Policy 2.

1. Transport Policy 7 states:

"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

REPRESENTATIONS

1. Lonan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that Clay Head Road has reached saturation point with the number of dwellings using the road and given its narrow nature is not suitable for extending the amount of traffic using it. They note that the submitted Design and Planning Statement, which refers to previous planning application 07/01836/B for the erection of four dwellings on land at the end of Clay Head Close, incorrectly stating that this previous planning application was approved on appeal when the refusal was actually confirmed on appeal. Furthermore, they also note that although subsequent planning application 11/00583/B for the erection of three dwellings on the aforementioned land was confirmed approved on appeal the Highways Division did state that whilst they did not oppose that planning application they would not support any further development that would result in additional traffic using Clay Head Road once the land was developed.

1. The Department of Infrastructure Highways Division object to the planning application. Their objection is detailed but can be summarised as concern that the use of Clay Head Road and the junction with the A2 traffic from this proposed dwelling is likely to lead to unacceptable highway safety problems in contravention on General Policy 2 (i) of the Isle of Man Strategic Plan. In terms of the junction with the A2 they advise that whilst visibility at the junction of Clay Head Road and the A2 should be 90m due to the 30mph speed limit on the A2 in reality the visibility to the left as you leave the junction is approximately 25m due to the alignment of the road. Whilst approaching traffic is visible at some distance beyond the junction it disappears from view for a considerable distance before reappearing some 25m from the junction.

1. In reaching their objection the Department of Infrastructure Highways Division refer to a previous planning application (07/01836/B) for the erection of four dwellings on a designated site at the end of Clay Head Close. In this instance they highlight that the land in question was designated for development within the local plan and that the traffic impact was concluded to be acceptably through the relevant plan process. However, the development proposed by this planning application is not on designated land and therefore goes beyond that. It is their belief that after the development of the last area of designated land served from Clay Head Road no further traffic can be properly accommodated as it is not constructed to a standard that would be acceptable to serve so many dwellings under modern design standards.

1. The Department of Infrastructure Highways Division also refer to three other previous planning applications refused at appeal on the basis that the traffic generated by a single dwelling using a substandard road or junction would lead to unacceptable highway safety problems. All three involve junctions on the A2. They highlight that within previous planning application 08/00551/B (single dwelling on Telephone Exchange Road, Laxey) the appointed Planning Inspector stated that:

"I consider Telephone Exchange Road is substandard in width along its length and makes a dangerous junction with New Road (A2). Whilst the Appellant argued that it was the responsibility of the Highways Division to provide a safe road network, no mention was made by the Highways Division of any proposals to improve the local network. In this particular case, I consider the characteristics of the local road and nearby junction to the A2 are so substandard that not even one more dwelling should be allowed to access this local network on the grounds of road safely."

In respect of previous planning application 09/01079/B (single dwelling on Chapel Lane, Baldrine) they highlight that the appointed Planning Inspector stated that: