Officer Report

Application No.: 14/00908/B Applicant: Mrs Margaret Sainsbury Proposal: Variation of conditions 1 & 2 of PA 12/00371/A (approval in principle to erect a dwelling) to extend period of permission Site Address: Land Adjacent To Kerrowkeil Patrick Road St Johns Isle Of Man ## Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE APPLICATION SITE

1.1 The application site is a triangular piece of land which forms part of the side garden of a detached dwelling known as Kerrowkeil that is located on Patrick Road, St John's, Patrick. The site fronts onto Patrick Road and its rear boundary is defined by an access lane serving four residential properties. The site is the same as that considered under PA 12/00371/A. THE PROPOSAL - 2.1 The planning application seeks an amendment to two of the conditions of the approval in principle granted on appeal for the erection of a dwelling on the application site - PA 12/00371/A. The condition in question states that, "The development hereby permitted shall begin within four years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later". Condition one, which is not being sought to be changed, states, "The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission".

2.2 Following consultation with the applicant's agent, the scheme has been amended to seek a variation of both of the above conditions to effectively allow for the submission of an application for approval of the reserved matters by 11th October, 2016 with the development commenced before 11th October, 2018 or within two years of the final approval of the reserved matters, whichever is the later. PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications which attempted to gain planning approval for the erection of a dwelling on the land alongside, Kerrowkeil.

3.2 Planning application 10/01632/B sought planning approval for the erection of a detached dwelling on the application site. This was approved on the 22nd December 2010. However, a subsequent appeal against the approval was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 8th June 2011. The two stated reasons for refusal were:

• i) The proposed development would lead to a loss of an important tree, without the possibility of suitable replacement planting, and as such would harm the rural character of the area in conflict with Environment Policy 42 of the Strategic Plan and the aims of the St John's Local Plan.
• ii) The proposal would be an overdevelopment of the site in that provision for car parking behind the frontage could not be achieved, thus conflicting with the requirements of Appendix 7 of the Strategic plan.

3.3 Planning application 11/01199/B sought planning approval for the erection of detached dwelling on the application site. This was approved on the 29th September 2011. However a subsequent appeal against the approval was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 23rd January 2012. The two stated reasons for refusal were:

• i) The proposed development would be likely to lead to the future loss of the visually important Ash tree on the site, due to the harmful effects that this tree would have in reducing light within the dwelling and outlook from the dwelling. In the absence of sufficient space for suitable replacement planting, the proposal would as a consequence harm the rural character of the area in conflict with Environment Policy 42 of the Isle of Man Strategic Plan.
• ii) The proposal fails to provide a car parking space behind the front of the dwelling of sufficient width to facilitate ease of parking and ease of entering and leaving a parked vehicle. Consequently, the proposal would be an over development

3.4 Finally, planning approval was granted for the principle of the development of a dwelling on this site under PA 12/00371/A. This was subject to a number of conditions as follows:

• 1. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
• 2. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
• 3. Approval of the details of siting, design, external appearance of the dwelling, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
• 4. This approval in principle relates to the erection of a dwelling within the land defined by the red line on the location plan/site plan drawing date stamped the 9th March 2012.
• 5. Any subsequent reserved matters planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces, at least one of which must be provided behind the front of the dwelling. The minimum acceptable width of a parking space is 3.0 metres.
• 6. No part of any dwelling proposed within any subsequent reserved matters planning application shall be located within 8.0 metres of the main trunk of the existing Ash tree that is located adjacent to the southern boundary of the application site. PLANNING POLICY

4.1 In terms of local plan policy, the application site is located within an area designated as predominantly residential use under the Isle of Man Planning Scheme (St John's Local Plan)

Order 1999. Planning Circular 6/99, which constitutes the written statement to be read in conjunction with the local plan, contains two policies that are considered specifically material to the assessment of the planning application.

4.2 Policy RES/P/5 states: "With the exception of appropriate extensions and alterations to existing property which will generally be acceptable, outside of development areas 1, 2, 4, 5 and 6 new residential development will only be approved where this complies with Planning Circulars 1/88, 3/88 and 3/89."

4.3 . Policy RES/P/6 states: "No residential development will be permitted where this would adversely affect the existing historic setting of Tynwald Hill and its associated open spaces." - 4.4 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. - 4.5 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."

4.6 Environment Policy 42 states: "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. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 4.7 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." The car parking standard for typical residential development under Appendix 7 of the Isle of Man Strategic Plan 2007 is two spaces per unit with at least one of those being retained within the curtilage and behind the front of the dwelling. REPRESENTATIONS

5.1 Patrick Parish Commissioners indicate that they have no objection to the application but indicate that it would not be consistent to allow for a further four years when the original approval was only for two years. ASSESSMENT - 6.1 The application seeks permission to extend the permission so that the dwelling approved in principle on 11th October, 2012 may be commenced at the latest by 2018, to effectively provide a further two years in which the reserved matters can be approved and the development commenced. The applicant has a genuine reason for not having implemented the approval granted in terms of the loss of Mr. Sainsbury.

6.2 There have been no changes in material planning circumstances since the granting of that approval - no new policies or plans have been introduced which would affect the decision taken and which would justify not allowing for an extended period of time in which the application for the reserved matters should be submitted and the approved development commenced. - 6.3 As such it is recommended that the conditions are varied to allow a further two years for the approval to be implemented. PARTY STATUS

7.1 The local authority, Patrick Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

08.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• C 1. The development hereby approved shall be begun either before 11th October, 2018 or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Planning Authority before 11th October, 2016 and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Any subsequent reserved matters planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces, at least one of which must be provided behind the front of the dwelling. The minimum acceptable width of a parking space is 3.0 metres.
• C 4. No part of any dwelling proposed within any subsequent reserved matters planning application shall be located within 8.0 metres of the main trunk of the existing Ash tree that is located adjacent to the southern boundary of the application site.

This approval relates to the location and site plan received on 30th July, 2014.

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

Decision Made : Permitted Date : ………..………………….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management