Loading document...
| CHIEF SECRETARY'S OFFICE | |
| 20 JAN 2014 | |
| READ BY C.S. | |
| FILE AWAY | |
| TO RELEVANT OFFICER ON FILE | |
Reillys Ellen Vannin Planning statement on behalf of the Department of Infrastructure
Planning and Building Control Division in respect of planning for the Erection of 60 dwellings with associated infrastructure and landscaping works along with highway improvement works Cronk Cullyn
Main Road
Colby
Isle Of Man
Statement prepared on behalf of the Planning and Building Control Division by Chief Secretary's Office
As the planning application includes land which is vested in the Department of Infrastructure, of which the Planning Authority is part, the application must be referred to the Council of Ministers for consideration, after a recommendation by an independent inspector, under Article 10(1)b of the Town and Country Planning (Development Procedure) (No2) Order 2013. As such, this report sets out a description of the site and the development as well as the relevant policies and matters which should be considered in the assessment of the application and any other material considerations which should be taken into account.
The Town and Country Planning Act 1999 states that, under Section 10(4) the Department when considering a planning application it shall have regard to: a) The provisions of the development plan, so far as material to the application, b) Any relevant statement of planning policy under Section 3 c) Such other considerations as may be specified for the purpose of this subsection in a development order, so far as material to the application; and d) All other material considerations.
1.1 The site is two parcels of land which both lie on the northern side of the A7 Main Road which runs through Colby as well as the wall on the southern side of the road for a length of 100 m to the east of the entrance to Colby Football Club. The smaller piece of land is a section of the A7 (around 130 m ) together with a short (approximately 30 m ) length of the Cronk y Thatcher estate road which provides access into Cronk y Thatcher, Cronk Cullyn and ultimately the application site which lies to the west of Cronk Cullyn. This piece of land is included in the application site in order to attempt provide improvements to the junction of Cronk y Thatcher with the A7, required to satisfactorily accommodate the additional traffic which will be generated by the proposed housing. 1.2 The second, much larger piece of land is that on which the built development is to take place. It is approximately 3 hectares in area and has $14-16,18-21$, Cronk Cullyn and Crofton Beg, Cooill Ghlass in the small cul de sac of Ard Wooilley as well as Trafalgar on the Main Road to the west, open agricultural land to the north, 3, 4 and 5, Ballacriy Park to the west and Eyreton, a builder's yard, Doagh Close, and the Colby Glen Public House with associated car park, to the south. The last 4 properties front onto the A7 Main Road. Alongside the public house is the local shop. Primrose Cottage abuts the site to the south. This is a modest traditional cottage which has been extended and has no land to the rear, its rear boundary commensurate with the rear elevations of the property. 1.3 The application site accommodates four existing dwellings: Croit Veg, Ballacarmick and Seaview Cottage all lie at the southern edge of the site abutting the A7 and all of which are to be demolished as part of the proposals. Primrose Cottage which is not in the ownership of the applicant, is to be retained and land provided to the rear for a rear garden. Meadowfield lies to the east of 5, Ballacriy Park and is also to be demolished as part of the proposals. 1.4 The site slopes downward towards the south by around 6 m over 190 m . Access into the site is via Cronk Cullyn where the beginnings of the infrastructure for the development of this area have been installed, following earlier approvals (see Planning History). There is also an access from Ballacriy Park to Meadowfield. 1.5 The site is currently open, undeveloped land with some trees within it.
1.6 The site has a line of trees running south west to north east in the southern part of the site which then run south along the rear of the Ard Woolley properties and there are a further four or five trees between Ballacarmick and Croit Veg and sporadic trees along the watercourse which runs along the watercourse which forms the eastern boundary of the site. 1.7 The proposed development involves a density of around 20 dwellings per hectare. The lower part of Ballacriy Park which abuts the development site is around 16 dwellings per hectare; Ard Woolley is around 15 dwellings per hectare; Cronk Cullyn and Cronk y Thatcher are each around 13 dwellings per hectare. There are no affordable units nor public open space in any of the surrounding housing developments.
2.1 Proposed now is the demolition of the four existing dwellings on site and the development of a residential estate incorporating 60 dwellings ( 56 nett) which are of a variety of sizes and types - 1 one bed unit, 21 two bed units (single storey and two storey), 12 three bed units, 23 four bed units and 3 five bed units. 18 of the units ( 12 two bed and 6 three bed units) will be provided as First Time Buyer's housing through the House Purchase Assistance Scheme administered by the Department of Social Care - affordable housing as required by the Strategic Plan (see Planning Policy). 29 plots will accommodate detached dwellings, and the remainder are semi-detached pairs and runs of three and four dwellings in a terrace or stepped terrace. 2.2 The house types take the form of eight different types. The smallest house type (plot 21) sits towards the southern end of the site and is part of a terrace of three bungalows with gable ended artificial slated roofs and painted rendered walls with banding around the windows on the front elevation. The terrace has a step down in the roof to accommodate the single bed unit. 2.3 Opposite this is another terrace of three dwellings with similar finishes but with hipped roofing at each end and a step in the ridge line. 2.4 The southern group of dwellings have to the south a row of six terraced properties with two bungalows alongside Trafalgar, one with a stone faced front facing the Main Road and a rendered unit alongside. The elevations (drawing 102-02) give the impression that these properties are semi-detached when in fact the western property physically adjoins plot 13. 2.5 The dwellings to the west form a terrace of four two storey dwellings. These have gable ended roofs finished in artificial slate, large windows with render bands around the front elevation apertures and a projecting gable roof at the western end. 2.6 The westernmost dwellings in this group will be a pair of semi detached houses in a similar style to the houses to the east but with a projecting gable end on the easternmost dwelling which is also to be finished in stone. These properties will be close to the Main Road (within 1.5 m ) and the front garden will have an 800 m high rendered wall with coping atop with pedestrian access from the A7. A higher fence will then mark the boundary with the side of plot 18 and run to the side and rear of Primrose Cottage providing a rear garden for this property of just less than 5 m from the rear elevation of this dwelling. 2.7 The trees which currently surround this part of the site are to be in the main be retained but for three or so in the centre which are to be felled to make way for a vehicular access to this southern group of proposed dwellings, from the main part of the site. In addition, the trees in the centre of the area are to be removed but those abutting Ard Woolley are to remain. The housing along the southern edge of this part of the site are to be affordable units. All the dwellings in this part of the site have off-plot parking in the form of parking bays off the estate road at a ratio of two per dwelling, each bay being 6 m long and between 2.5 m and 3 m wide.
2.8 At the western part of the site, to the rear of 3,4 and 5 , Ballacriy Park will be two storey where the dwellings are furthest, 24 m and more from the boundaries with, the existing dwellings to the west) and separated therefrom by a planted area which is to form a wildflower meadow, with the input from the Manx Wildflower Trust and a pedestrian path leading through it. The dwellings to the north of this, closer to 4 and 5, Ballacriy Park are to be single storey with hipped ended roofs and similar detailing and finishes as described on earlier plots. A pedestrian path will separate the closest dwelling from the boundary with 5, Ballacriy Park. The rear of the gardens which abut the path and the public open space will be provided with a 1.8 m close boarded fence. Plots $31-25$ inclusive have on-site car parking and plots 36 and 37 have parking spaces to the side 2.9 The proposed dwellings to the rear of the Colby Glen Public House, the builder's yard and Doagh Beg are to sit some 25 m and more from the rear of these properties. The proposed dwellings are to be two storey, 3 bedroomed dwellings in terraces of three. Opposite this are a terrace of three two storey dwellings ( 1 three bed and 2 two beds) and two pairs of two bedroomed units. Ten of these properties are to be provided as affordable units. 2.10 The remainder of the plots will accommodate detached dwellings of four different house types, all with their own on-site parking as well as garaging. These houses are of a similar design but differ slightly with some having stone finishes, some with timber cladding, and the Yately being the most modern, a five bedroomed dwelling with large areas of glazing and flat roofed dormer above the garage. These detached dwellings are arranged around an area of public open space with includes children's play equipment indicated on the plan (reference 01E). 2.11 Public open space is provided within the site in the form of a large area in the centre of the detached dwellings, as well as the wildflower meadow in the east and open space focussing on the retained trees towards the southern end of the site. The total amount of Public Open Space to be provided is 5144 sq m . 2.12 Pedestrian access only will be available to and from the rear of the Colby Glen Public House, to and from Ballacriy Park at the western end of the site and to and from Main Road in between plots 16 and 17. This link to Ballacriy Park will also provide emergency access in the event that other accesses into the site are not available due to an accident. 2.13 The site and its housing will be drained through gravity fed mains sewerage, separate systems for foul and surface water all leading to the south of the site where surface water attenuation in the form of a subterranean tank and hydro brake are to be installed in the car parking area to the rear of plots 11-18. 2.14 Affordable housing is to be provided in the form of eighteen units. The development requires $25 \%$ of the units to be affordable, which would result in 14 units. The applicant is concurrently applying for the development of twelve units in Ballakillowey (PA 13/9) where they consider that the provision of affordable housing is not considered practicable. As such, they have elected to provide the affordable housing required by that development ( 3 units) in this current development rather than on site. 2.15 Vehicular access into the site is through Cronk y Thatcher and Cronk Cullyn with emergency access available via Ballacriy Park when the collapsible bollards are inactive. This access is described as unsuitable as a primary access into the site due to its narrow width. A traffic assessment is provided as part of the application. Amongst many other things, this describes the existing junction of Cronk y Thatcher with the A7 as offering visibility of 2.4 m by 28 m and 23 m . As improved as part of this application, the junction will provide visibility of 2.4 m by 70 m in each direction. The improvements will be restricted to land within the public realm and will involve realigning and extending the footway without unacceptably reducing the width of the carriageway.
3.1 The site is designated on the Southern Area Plan of 2013 as Res (Prop). There is a development brief which accompanies this designation, in the Written Statement which states the following:
Development Brief 12
3.2 The following Strategic Plan policies are also considered relevant:
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 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;
I) 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."
Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria: a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
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."
Housing Policy 5: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that $25 \%$ of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
Recreation Policy 3: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with standards specified in Appendix 6 to the Plan."
Recreation Policy 4: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport".
4.1 Representations have been received from the following households: $2,14,15,19,20,21,22,25$, Cronk Cullyn 3, Ballacriy Park The Croit, Main Road, Colby The builder's yard and Doagh Close
All of these parties would be recommended to be afforded interested party status if the application were to be determined by the Planning Committee as they are either adjacent to the site or alongside the access into the site. 4.1.1 They raise concerns about the increase in traffic using the junction of Cronk y Thatcher and the main road, which is presently unsafe and whether Cronk Cullyn itself is appropriate for further traffic bearing in mind the lack of traffic control features and the open nature of the estate which leads to children playing or running out onto the estate road. They point out that the bus stop obscures visibility at the junction and that there is a farm entrance and gas tank both of which generate large vehicles coming and going opposite the junction. There are also concerns about the ownership and relationship around the boundary of the site with Cronk Cullyn and the impact of the development on the stream. 4.1.2 There are also specific objections to over-looking of 21, Cronk Cullyn of the windows in the house on plot 60 and that two storey dwellings would be out of keeping with the area as Ballacriy Park comprises bungalows. 4.1.3 Concern is expressed about drainage and in particular flooding which has been experienced in the past three years and who will bear responsibility for the upkeep of the Public Open Space. 4.1.4 It is suggested that the density of housing is too high and out of keeping with the surrounding area and that screening should be included between the rear of the Main Road properties and the new housing. 4.1.5 There is a suggestion that Department of Infrastructure Planning Division and Department of Social Care feel that they "can assist Developers in maximising profits by allowing affordable housing to be relocated to sites in neighbouring parishes to allow other sites to maximise profits by allowing some sites to remain affordable housing free, given the Ballakillowey development will be in Rushen and this application is in Arbory does this suggest the Department of Social Care believe Rushen should not have affordable housing, where next, we suggest every development should retain $25 \%$ affordable housing requirement of Housing Policy 5 and this should not be transferrable" 4.2 Department of Social Care Housing Division recommend that there is a continued need for affordable housing in the south of the Island and as such the provisions of Housing Policy 5 to require $25 \%$ of the dwellings to be affordable should be applied here. In addition to this, any deficit from any other site should also be secured by the same Section 13 Agreement. 4.3 Arbory Parish Commissioners stress the importance of reducing the visual impact of development on this site as viewed from the surrounding area and seek assurance that the retention of the trees shown to be retained and the planting of new trees as shown, is implemented. They also seek assurance that the provisions for access are in accordance with the requirements of the highway authority. They indicate that they are content that the requirement for Public Open Space has been met in the application. 4.4 MEA seek consultation regarding the provision of electricity supplies to the development. 4.5 Correspondence has been received from Department of Environment, Food and Agriculture Fisheries Inland Fisheries Directorate in respect of the proximity of the development to the water course. The applicant has completed a Development within 9 m of a Watercourse form. Department of Environment, Food and Agriculture indicate that they have no objection to the application provided that the development is undertaken in accordance with the information provided on the form.
4.6 There is reference in the submission from 2, Cronk Cullyn that "Given that Hartford Homes recently developed the old Colby Football pitch, it is doubtful whether this site needs to be developer at all.." It should be noted that the developer in the case of the former Colby Football Club site was Heritage Homes, not the current applicant.
5.1 The site has been the subject of previous applications for residential development, at least one of which has been implemented in the form of the installation of some of the approved drainage at the north eastern part of the site as it joins Cronk Cullyn. 5.2 The most relevant applications for this site are PA 01/02111 (see Appendix One) which proposed eighteen dwellings and the creation of a bowling green which was approved on appeal. This application did not include any provisions for improving the visibility at the junction of Cronk y Thatcher and the A7. A further application, PA 04/02325 (see Appendix Two) for an amended version of the 2001 application and was approved at appeal again without any improvements to the junction. The current application very helpfully includes an illustration of the difference between the approved schemes and what is now proposed in respect of the housing abutting Ard Wooilley and Cronk Cullyn (drawing 004B). This illustrates that in the case of plots 2 and 3, the proposed dwellings are further away from the boundary with numbers 15,18 and 19, Cronk Cullyn than were previously approved. In the case of plots $1,4,5,6$ and 7 the proposed dwellings are closer to the boundaries with the Ard Wooilley and Cronk Cullyn properties than was previously the case.
6.1 As the Department has an interest in the application, it is not appropriate to make a recommendation on the application. However, it is important that the development complies with both the provisions of the Strategic Plan and the requirements of the Southern Area Plan as set out in the development brief for the site. It is also important that the development fits into the area both in terms of the relationship of the new development and existing buildings and uses, as clarified in General Policy 2 and visually, whilst at the same time introducing a sense of place of its own. 6.2 It is also relevant that the approved scheme did not provide any affordable housing as it was approved prior to the introduction of the Strategic Plan which first introduced the requirement for such provision. 6.3 In terms of Public Open Space, it is relevant that the scheme provides more than is required by the Strategic Plan for this development on its own using the full 60 dwelling requirement. However, as is explained, the development is also intended to make provision for a shortfall on another of the applicant's sites in the vicinity. If this is also taken into account then the overall requirement for Public Open Space rises to 6192 sq m which is not provided for in the development. However, in the assessment of formal open space, sports pitches etc, it is often the case that sites are not suitable on their own to provide the full complement of public open space and in such cases, the availability of other existing or proposed POS may be taken into account. This was the case in a nearby residential development at the former Colby Football Club (PA 11/00684 - see inspector's report paragraphs 32 and 132-134 inclusive Appendix Three). It is relevant that Colby Football Club's redevelopment has resulted in a number of new pitches and clubhouse which is used for local social functions and is only across the road from the current application site. Whilst the same formal recreation facilities cannot be expected to continue to be used to support new housing estates ad infinitum and justify a reduced recreation provision in each case, it is relevant that there are limited residential development opportunities available in the immediate area which would be able to rely upon the new sports facilities in Colby and which would be required to provide such facilities on site. 6.4 With respect to the comment about Department of Social Care and Department of Infrastructure Planning Division assisting developers to maximise their profits, the Department
of Infrastructure requires through the provision of Housing Policy 5 that a contribution towards affordable housing shall be provided. Affordable housing can be in the form of housing which is provided by the Department, provided by the local authorities or provided through the House Purchase Assistance Scheme. This can be provided either directly as part of the development being considered or as a financial contribution to the Department in order to support affordable housing elsewhere if the site is not suitable for the affordable housing being required. 6.5 There are instances where the development site is not suitable for affordable housing usually because the development brief or the character of the site requires a low density of development which would not reasonably give rise to affordable units. An example of this is at Ballanard Road, PA 07/01917 where a development of 21 dwellings was approved on land mainly designated as Low Density Housing in Parkland (a density of 1 dwelling in its own acre of land) subject, inter alia to a condition which required that affordable housing was provided, either by the assurance for the provision of 5 affordable units elsewhere in Douglas or the payment of a commuted sum to the Department for the provision of 5 affordable units elsewhere. Bearing in mind the size of Douglas and the remaining opportunities for higher density housing which could include affordable units, it was practicable to require that the affordable units were provided elsewhere within the same local authority area as the application site. In some instances this may not be possible. For example, in the case of PA 09/01388 for the redevelopment of the Brobourne Hotel/Windsor House site on Port Erin for apartments where the density of the development was not conducive to the provision of affordable housing and the commuted sum required to be paid to DSC did not specify in the Agreement that the affordable units should be provided in Port Erin, due to very limited opportunities for such housing in this local authority area. 6.6 As such, the requirement for affordable units is not always to be satisfied on site and whilst the general objective is to provide the affordable units on or as close to the site as possible, this may not always be practicable given the character of the area and the opportunities for this type of housing in the immediate area. It is relevant to this case that there are limited opportunities for any housing in Arbory, never mind affordable units and even fewer in Rushen: there is 1.7 ha at Surby where the dwellings are to be designed in accordance with Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside and the Ballakillowey site referred to which has been the subject of a number of previous applications where the site lies within an residential area developed at a general density of around 3.3 dwellings per acre. As such the argument has been put forward by the applicant that this site is not suitable for affordable housing and that the provision should be made on another site - the site of this current application. It is relevant that this current application if approved would deliver that affordable housing, compared with a situation where if it were determined that the provision should be in Rushen, there is no indication that there are any sites either suitable or certainly likely to come forward, where this could be required.
7.1 If the application is approved, it is important that conditions are attached to ensure that the development takes place in an acceptable manner. In addition to the standard conditions which require that the development is commenced within four years of the date of the approval, and that the approval relates to the development as described and shown in the plans submitted, the following conditions are suggested:
7.2 The inspector may wish to give consideration to a condition which requires some variation in the colour of roof tiles in the development to add to the visual interest of the scheme.
Prepared by Miss Sarah Corlett, BSc Hons, MRTPI on behalf of the Planning and Building Control Division of the Department of Infrastructure.
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
Copyright in submitted documents remains with their authors. Request removal
