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Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.1 The site is a piece of land which lies to the east of Station Road in St. John's village. The site has access via a partly made up roadway which runs between the small local grocery store/Post Office and Mona House and Coach House Cottage to the south. The site is 42m by 41m in area.
2.1 Proposed is the erection of a dwelling on the site. The house is very modern in form and detailing with flat roofs over two storey and single storey elements with cedar cladding at the upper level and a flat roofed detached garage alongside.
2.2 The site plan shows the trees which were previously shown in the earlier application (see below) including those to be removed which were also shown in the earlier application and retaining one which was earlier shown to be removed, to the south of the proposed dwelling.
2.3 The property will be built with a finished ground floor level of 102 which is around 0.5m higher than the natural ground level at this point, which rises from east to west.
3.2 The site lies within an area designated on the St. John's Local Plan as Proposed Primary School. This was one of two sites identified, the other being the one which was developed for this purpose. Planning approval was granted for the principle of the development of this site for a dwelling and for a second alongside to the east (which was the subject of PA 14/00653 - refused) under PA 11/00241.
3.3 This approval was subject to a number of conditions including the following:
| Application No.: | 14/01203/B |
| Applicant: | Miss Diane Marchment |
| Proposal: | Erection of a detached dwelling with associated garage |
| Site Address: | Plot 2 Off |
| Station Road | |
| St Johns | |
| Isle Of Man |
protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.
3.4 Plan reference 725/PL100C showed a number of trees on the site, with only two sycamores to be removed to make room for the proposed dwelling and an ash removed at the eastern edge.
3.5 The access into the site has been created inasmuch as the visibility splays out onto Station Road have been provided through the alteration of the roadside wall. This has been agreed with the Department of Infrastructure Highway Services (see memorandum on file PA 11/00241 which explains that for safety reasons the wall needs to be no lower than 1.15m and the wall has been lowered in accordance with this. This was acceptable to Department of Infrastructure Highway Services).
4.1 Manx Utilities (Electricity) seek consultation regarding the provision of electricity supplies to the development which is not a material planning concern (24.10.14).
4.2 Highway Services indicate that they do not oppose the application subject to a note regarding liaising with them regarding highway works (07.11.14).
4.3 German Parish Commissioners do not object to the application but wish for it to be clear that there is no approval granted or inferred to the continuation of the access into the Balladoyne estate (16.11.14).
4.4 The owner of the St. John's Post Office and Central Stores expresses concern that the land claimed to be owned by the applicant is not and that the site may have been built on a former sand pit and may not be suitable for development. The amount of traffic already accessing the car park which provides access to the new house is already significant and there is a right of way along the rear of her site and the houses alongside which children use on the way to and from Bunscooil which is on the Main Road. The amount of traffic on the road continues to increase (12.11.14).
4.5 The owners of Struan Beg express concern that the proposals still show an access through to field 312909. This is incorrect, misleading and inaccurate. There is no right of way for drainage into their land and there is still no indication of tree felling. The area edged red is
not entirely in the applicant's ownership. There are still impediments to the visibility splay. The design of the dwelling is not in keeping with the surrounding area and looks more like an office. The previous application showed photovoltaic cells: there is no sign of these. The stainless steel external flue is incongruous and they ask whether this is suited to this location close to Tynwald Hill. there is no indication of what will be developed on plot one which is more challenging due to the topography. Without knowing the details of what will be developed on this site it is not possible to fully assess the impact of the development (19.11.14).
5.1 The principle of the erection of a dwelling on this site has been approved under PA 11/00241. It was clear in that approval that the detailed plans should include not only an accurate tree survey but also a landscaping scheme.
5.2 The concerns previously submitted by third parties on access is important but appears to have been raised with the approval in principle and not accepted by the inspector as a justification for the refusal of the application. As such, it is difficult to accept that the access is unacceptable. Whilst the wall has not been reduced by the full amount - 10mm higher than approved, it is not considered that this additional height makes a significant difference to those exiting the site. Visibility of vehicles using the road is impeded very much by vehicles parked on the highway and the two service poles. Oncoming pedestrians can be seen above the wall.
5.3 The design on the dwelling is modern and perhaps different from the very traditional architecture in the village. The dwelling will be visible to the rear of the Methodist hall and between it and the dwelling alongside but around 60m from the road and with the higher parts of the building generally finished in cedar cladding, and as such such a modern design could sit comfortably in the village.
5.4 As this is a full, detailed approval which cannot rely upon the approval in principle, it is important to reiterate conditions 3, 5, 6, 7 and 9 of PA 11/00241.
5.5 The points raised by neighbours were largely dealt with in the approval in principle. There is no indication on the submitted plans of an access into the land alongside and whilst there may be space for it, there is no proposal for an access road thereto. The concerns regarding access cannot be a sustainable reason for refusal given the approval in principle which has been granted. Whilst the proposed development is a modern property, given its location and some screening between the public view and the road it is considered that this is not an unsuitable approach. Whilst the proposed plans do not show explicitly which trees are to be removed and are unhelpful in this respect, if one compares the existing survey with the proposed plans, it is clear which trees are to be removed and these are considered reasonable and acceptable.
6.1 The local authority, German 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.
6.2 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.
6.3 Manx Utilities do not raise material planning considerations and as such should not be afforded interested person status.
6.4 The owners of Struan Beg and the Post Office are immediately alongside the site or access thereto and should be afforded interested person status in this case.
Recommended Decision: Permitted
Date of Recommendation: 17.11.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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.
Prior to the commencement of works, a landscaping scheme shall be submitted to and approved in writing by the Planning Authority showing the trees to be planted as replacements for those proposed to be removed, together with a timetable for their planting with particular regard to the introduction of new tree and shrub planting at the rear (north) of the site. The trees shall be planted in accordance with the approved landscaping scheme. If, within a period of 5 years from the date of planting, any tree is removed, uprooted, destroyed or dies, another of the same species and size shall be planted at the same place.
Reason: to enable the dwelling to sit comfortably within its environment.
All existing trees and hedges within the application site, with the exception of those shown to be removed on Drawing No 1030/PL01A compared with the existing survey drawing 01B, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.
Reason: to accord with previous decisions on this site and to enable the dwelling to sit comfortably in its environment.
There shall be no access for construction traffic through to the adjoining land to the east and access to the 2 dwellings shall be taken only from Station Road.
Reason: in the interests of highway safety and the safety and convenience of those living in the vicinity of the site.
C 5.
During the construction of the development hereby permitted, deliveries of materials and equipment to the site by heavy goods vehicles shall be limited to times when school children are least likely to be using Station Road. Prior to the commencement of construction works, a schedule of delivery periods shall be submitted to and approved in writing by the Planning Authority and deliveries shall be made only during the agreed time periods.
Reason: in the interests of highway safety.
This approval relates to drawings 1030/PL02A and 01 both received on 20th 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 : 21/11/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer
Senior Planning Officer
Signed : _________________________ Michael Gallagher
Director of Planning and Building Control
Signed : _________________________ Sarah Corlett
Senior Planning Officer
Signed : _________________________ Jennifer Chance
Head of Development Management
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