Officer Report

Application No.: 14/01224/B Applicant: Hartford Homes Limited Proposal: Erection of a detached dwelling with integral garage (amended house type from previously approved PA 13/91392/B) Site Address: Nos.84 (plot 7) Cronk Cullyn Colby Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is an approved plot within a development of 60 new dwellings on a site 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. - 1.2 The wider approved estate 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. - 1.3 The overall estate site slopes downward towards the south by around 6m over 190m. 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. - 1.4 The larger site is currently open, undeveloped land with some trees within it. - 1.5 The estate 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 Wooilley 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. - 1.6 The approved 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 Wooilley 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.

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1.7 The application site in this current proposal lies on the eastern side abutting the boundary to the east of which lie 14, Cronk Cullyn and Cooill Ghlass in the keyhole estate of Ard Wooilley. The site also includes a small portion of the land alongside (south west) which was approved as Public Open Space. THE PROPOSAL - 2.1 Proposed is the slight increase in approved residential curtilage and the change of house type. The approved plot was 11m in width and accommodated a Cambridge house type. Proposed is an extension of the width of the plot to 13.5m and the erection of an Oakwood house type. The red line also includes a small area alongside the enlarged plot in which two existing trees are located. These are to be felled and replaced with smaller tree types hawthorn and goat willow.

2.2 The Oakwood is a larger dwelling than the Cambridge which was approved only in respect of the fact that it has an attached lean-to roofed garage but is 0.5m less deep. As approved, there is insufficient space in which a garage could be erected although the property had an integral garage. - 2.3 The potential purchaser wishes to have an Oakwood type but all the others have been sold.

PLANNING POLICY AND STATUS

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

• 1. A design and access statement must be included with any application. This must explain and illustrate the principles and concept behind the design and layout of the development scheme. The statement must demonstrate how the scheme relates both to the site (which in this instance is sloping in nature), and its wider context, the surrounding area and examine how access has been dealt with.
• 2. Comprehensive landscaping proposals must be included as part of any detailed development proposals, which must show the retention of existing mature boundary trees.
• 3. The provision of appropriately sited public open space, children's play space and amenity space must be in accordance with the Open Space requirements set out in Appendix 6 of the Isle of Man Strategic Plan, 2007, or its replacement.
• 4. Any development proposals must include improvements to the junction of Cronk y Thatcher and the A7. The location and design of the vehicular access points to the site must be prepared in consultation with the Highways Division (DoI).
• 5. Pedestrian access must be provided to the site from Ballacriy Park, the Cronk Cullyn Estate and the Main Road in the vicinity of the Colby Glen Public House.
• 6. There is a stream running through the site; a Flood Risk Assessment will therefore be necessary and advice should be sought from the Isle of Man Water and Sewerage Authority.
• 7. Affordable housing must be provided in accordance with the requirements set out in Housing Policy 5 of the Strategic Plan 2007, or its replacement. 3.2 The following Strategic Plan policies are also considered relevant:

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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;
• 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."

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

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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". REPRESENTATIONS

4.1 Arbory Parish Commissioners indicate that they have no comments to make (21.11.2014). - 4.2 Department of Infrastructure Highway Services indicate that they do not oppose the application (17.11.14). PLANNING HISTORY

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 application for this development is PA 13/91392/B which was approved and permitted the erection of 60 dwellings and the associated roads and services. There were a number of conditions, to do with the phasing of the development and the affordable housing and public open space which have been satisfied. ASSESSMENT

6.1 The proposed new house type and alteration to the residential curtilage will have a number of impacts: a visual impact on the streetscene, a potential impact on the amenities of those in neighbouring property and an impact on the provision of public open space. Impact on the streetscene - 6.2 The two storey dwelling will not be larger than previously approved but there will be an added single storey garage which will lengthen the frontage and necessitate the removal of trees and the enlargement of the curtilage. The site is on one of the principal routes through the estate and the garage and extended frontage will be visible therefrom. However, it is the same house type and length as the property alongside to the north and there are other Oakwoods in the streetscene which have similar sized plots. As such, it is not considered that the proposal will result in an adverse impact on the streetscene. - 6.3 The removal of the two trees, both ash is unfortunate. However, the applicant has consulted the DEFA who advise that neither ash is in good condition and both are poor examples of this type of tree and importantly, regardless of which house type is built on this plot, it would lie within the falling distance of the tree itself and deadwood. The Forester recommends that goat willow or hawthorn, both of which have a stumpy growth form will not reintroduce issues for those in the neighbouring property. Impact on neighbours - 6.4 The new house type will have no more windows in the rear or side elevations and thus will have no discernible impact on those in surrounding properties compared with what already has approval. Impact on public open space

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6.5 The proposal will result in a loss of 37 sq m of public open space. As approved, the development makes provision for 5144 sq m of public open space. This is more than double the amount required in respect of provision of amenity and children's play facilities. The full complement of formal play space is not provided but it was accepted that in the provision of the relatively new football playing fields the area was well provided for in terms of formal open space and as such, the shortfall was not such as to warrant refusal of the application for that reason. Conclusion - 6.6 It is not considered that the proposed new house type will have an adverse impact on the streetscene nor will it have a significantly different impact on those in neighbouring property. The amount by which the public open space will be reduced as a result of the extension of the residential curtilage is not considered either significant or sufficient to warrant refusal, taking into account the amount of public open space provided overall within the development. As such the application is recommended for approval. PARTY STATUS

7.1 The local authority is, 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:

24.11.2014

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 before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The dwelling may not be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwelling and its parking spaces.

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Reason: in the interests of highway safety.

• C 3. The trees to be planted as a replacement for the two ash to be removed must be planted in the first available planting season after the removal of the trees. Any trees or plants which within a period of five years from the completion of the dwelling on plot 84 die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• C 4. No development on house construction may commence until such times as the tree reference T24 on plan 04 approved under PA 13/91392/B has been adequately protected by the erection of a fence beneath the dripline (or otherwise approved by the Department) and this protection must remain in place during the construction of the dwelling and garage hereby approved with no excavation, building or storage undertaken within the protected area.

Reason: in order to protect the existing trees on site in accordance with the original approval of the estate.

• C 5. The south western boundary of the residential curtilage of plot 84 hereby approved shall run parallel with that on the north eastern boundary and for clarification does not include the area shown on the Proposed Site Plan, drawing 31, where trees T1 and T2 are to be removed and new trees planted in their place.

REASON: such that the area of public open space is preserved in the interests of public amenity.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings 30, 31, 32, 33 all received on 24th October, 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 : 4th December 2014 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 Jennifer Chance Head of Development Management 24 November 2014 14/01224/B Page 6 of 7

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