Planning Officer Report

Application No.:	12/01486/B
Applicant:	Braeside Developments Ltd
Proposal:	Erection of two detached dwellings with associated driveways and parking
Site Address:	Kalaw
41 Groudle Road
Onchan
Isle Of Man
IM3 2EF

Officer's Report

The Application Site

1. The application site comprises a plot of land that is located on Groudle Road in Onchan. The site previously contained a dwelling that was demolished relatively recently.

The Proposal

1. The proposal comprises the erection of two dwellings with associated parking on the application site.

1. With the exception of two key differences this current planning application effectively seeks planning approval for the development previously proposed, and refused, by previous planning application 11/00292/B. The two key differences are i) the correction of previous discrepancies within the submitted drawings (the drawings for this current planning application correctly show floor plans that tally with elevations); and ii) the inclusion of an additional piece of land within the application site to allow the continuation of the pedestrian footway along Groudle Road.

Planning History

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

1. Planning application 06/00090/A sought planning approval in principle for the demolition of an existing dwelling and the erection of two detached dwellings on the application site. This previous planning application was approved on the 19th May 2006. A subsequent appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with appeal approval decision issued with amended conditions on the 1st November 2006. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application.

1. Planning application 06/01088/B sought planning approval for the demolition of the existing dwelling and the erection of a new detached dwelling on the application site. This previous planning application was approved on the 7th November 2006. The planning approval was subsequently extended before finally expiring on the 7th November 2011.

1. Planning application 11/00292/B sought planning approval for the erection of two dwellings with associated parking on the application site. This previous planning application was approved on the 27th May 2011. A subsequent appeal against the approval was upheld by the

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

Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal issued on the 11th October 2011. The stated reason for refusal was:

"The proposed development would cause significant harm to traffic and pedestrian safety by virtue of the failure to incorporate works to create satisfactory visibility at the proposed points of access/egress, or to resolve the lack of footway provision along part of the site frontage. The proposal would as a consequence conflict with the provisions of parts (h) and (i) of General Policy 2 of the Isle of Man Strategic Plan."

A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application.

1. Planning application 12/00531/B sought planning approval for the erection of two dwellings with associated parking on the application site. This previous planning application was deemed withdrawn on the 21st May 2012 following the applicant's failure to provide correct drawings and requested information within a timely manner.

1. The adjoining land (39 Groudle Road) has also been the subject of a number of previous planning applications that could be considered specifically material to the assessment of this current planning application:

1. Planning application 08/02011/B sought planning approval for the alteration and erection of extensions to 39 Groudle Road. This previous planning application, which basically changed the existing dwelling into a true two storey dwelling, was approved on the 20th January 2009. 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 21st July 2009. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application.

1. Planning application 09/01563/B sought planning approval for the alteration and extension of 39 Groudle Road. This previous planning application, which basically changed the existing dwelling into a true two storey dwelling, was refused on the 17th November 2009.

Planning Policy

1. In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/19 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states:

"The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings."

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

Representations

1. Onchan District Commissioners recommend that the planning application be approved.

1. The Department of Infrastructure Highways Division do not oppose the planning application. They request that the applicant be advised to contact the Network Operations Section of the Department of Infrastructure prior to the carrying out of any works within the highway.

1. The Isle of Man Water and Sewerage Authority do not oppose the planning application.

1. The Manx Electricity Authority expresses an interest in the planning application.

1. The owners and/or occupants of 39 Groudle Road, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal represents over-development of the site that would affect the enjoyment of their home, that it would result in a reduction in property value, that the proposed two storey dwellings to be in keeping with other properties along Groudle Road, and that the proposed dwelling on plot A will reduce early morning sunlight to the their home. They do not consider the road safety issue to have been properly addressed within the proposal. Whilst accepting that the proposal now includes the creation of the additional section of footpath they highlight that there is no indication that this has been agreed with the relevant authority and will be subsequently adopted. Finally, they refer to a restrictive covenant on the 33, 35, 39 & 41 Groudle Road that only allows four dwellings to built on this land. Whilst accepting that this is not a planning matter they highlight that they will commence the necessary action under this covenant if necessary.

Assessment

1. The planning application seeks planning approval for the erection of two dwellings with associated parking on the application site. In terms of assessment it is appropriate to first consider the principle for erecting two dwellings on the application site and then if that principle is accepted to examine the site specific impacts of the two proposed dwellings.

1. In respect of the principle of erecting two dwellings the two key material considerations are that a) the application site is located within an area of predominantly residential use under the relevant local plan; and b) there has been previous planning approval in principle granted under 06/00090/A for the erection of two dwellings on the application site. On the basis that the provisions of policy O/RES/P/19 and General Policy 2 set out that the general principle of new residential development within existing residential areas is acceptable and that the previous planning approval was fully examined through a planning appeal it is concluded that the principle of erecting two dwellings on the application site is acceptable. Furthermore, that conclusion has been more recently supported by the conclusion (paragraph 31) of the appointed Planning Inspector for the appeal against the approval of previous planning application 11/00292/B.

1. With the principle of development concluded to be acceptable it remains necessary to examine the site specific impacts of the two proposed dwellings. In terms of this the three mains issues to consider are the impact of the proposed development on i) public amenity; ii) private amenity; and iii) highway safety. Each of these issues contains a number of sub-issues to consider.

1. In terms of the impact of the proposed development on public amenity the two primary issues to consider are whether the proposal represents an over-development of the application site and whether the appearance of the proposed dwellings within the overall street scene is acceptable. When examining these issues it is beneficial to have regard to the appeal decisions for the previous planning application referred to earlier in this report as these reports cover similar issues and therefore make a number of pertinent points. The appointed Planning Inspector for the appeal against the approval of 06/00090/A specifically commented on the issue of over-development (paragraph 15), stating that "two dwellings of a size comparable to existing dwellings in the surrounding area can be accommodated on the site without giving an impression of over-development." More recently, the appointed Planning Inspector for the appeal against the approval of 11/00292/B also commented on the issue of over-development (paragraph 31), stating that "Taking into account also the applicant's evidence that the spacing between neighbouring buildings resulting from the appeal scheme would be in keeping with, or greater than, the space between other buildings nearby, I do not consider that the proposed development would not cause any significant harm to the character and appearance of the street scene or of the area." There are no grounds to reach a conclusion contrary to those previous conclusions. The proposed development is not over-development of the application site.

1. When considering the appearance of the proposed dwellings within the overall street scene it can be seen that the area surrounding the application site contains a variety of different sizes and designs of dwellings. From this it is clear that there is no predominant style of dwelling to follow when designing for the application site. In addition to that, part of the examination of the impact on street scene has to include the assessment of the acceptability of erecting two-storey dwellings on the application site. Planning application 06/00090/A was originally approved with a condition restricting the height of the dwellings to single storey. However at appeal this condition was removed after the Minister agreed with the appointed Planning Inspector's conclusion (paragraph 14) that given that "the existing dwelling is partly two-storey and there are two-storey properties in the immediate vicinity, I fail to see the justification for the condition restricting the dwellings to a single storey height." As such, previous planning application 06/00090/A was approved with no restriction over the use of two storey dwellings. More recently, the appointed Planning Inspector for the appeal against the approval of 11/00292/B acknowledged this at paragraph 32 of their report. As such, it is concluded there are no reasonable grounds to resist the proposed development on the basis the dwellings are one and a half storeys and two-storey in height.

1. As highlighted earlier in this report the form and design of the proposed development is effectively the same as that proposed by previous planning application 11/00292/B. In terms of impact on private amenity the appointed Planning Inspector for the appeal against the approval of previous planning application 11/00292/B concluded (paragraphs 33, 34 & 35) that such impact was acceptable, stating that "the proposal would have no materially significant effect on the living conditions of the occupiers of 39 Groudle Road." and that "The proposal does not conflict in that respect with the provision of part (g) of General Policy 2 of the Isle of Man Strategic Plan which seeks to avoid adverse effects on the amenity of local residents." There are no grounds to reach a conclusion contrary to those previous conclusions. The proposed development does not result in an unacceptable level of overlooking, overshadowing, overbearing or other harmful impact on the private amenity of the existing adjoining properties.

1. The issue of highway safety can be subdivided into the three following issues for the development proposed by this current planning application: i) car parking provision; ii) visibility onto Groudle Road; and iii) implementation of the pedestrian footway.

1. Car parking requirements for development are set out within Appendix 7 of the Isle of Man Strategic Plan 2007. Under this each proposed dwelling should have a minimum of two car parking spaces, with at least one of those retained within the curtilage and behind the front of the dwelling. The proposed development meets those requirements through the provision of garaging and sufficient space to accommodate at least one additional car within each plot. There is also adequate space to allow reasonable on-site manoeuvring to permit egress in a forward gear.

1. The visibility onto Groudle Road for the proposed dwellings meets the relevant standards required by the Department of Infrastructure Highways Division. That conclusion is supported by the lack of objection from them. It is therefore concluded that the visibility for the proposed development is acceptable.

1. As part of the proposed development an existing tree would be removed and the missing section of pedestrian footway will be constructed. Doing this improves restricted visibility for vehicles egressing onto Groudle Road from Plot B and provides a safe means of passage for pedestrians. The failure to address this issue resulted in the sole reason for refusal of previous planning application 11/00292/B. The proposed removal of the tree and construction of missing section of pedestrian footway addresses this issue. If planning approval is granted this can be appropriately covered by a condition requiring the construction of the pedestrian footway prior to the commencement of the construction of either dwelling within the application site. The standard of construction is not a material planning consideration and remains a matter between the developer and the Highway Authority.

1. As recognised by the person who has highlighted it, the issue of a restrictive covenant on land is not a material planning consideration as it may not have been imposed on the basis of a planning issue and is subject to enforcement their separate non-planning legislation. The granting of planning approval does not override the need to obtain any other necessary permissions or consents.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

• Onchan District Commissioners;
• The Isle of Man Water and Sewerage Authority; and
• The owners and/or occupants of 39 Groudle Road.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

• The Department of Infrastructure Highways Division; and
• The Manx Electricity Authority.

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no. 1017/PL001 rev. C date stamped the 5th November 2012.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	03.12.2012

C 3.

Prior to the commencement of construction of either dwelling the tree identified as such must be removed and the missing section of pedestrian footway along Groudle Road must be constructed in accordance with drawing no. 1017/PL001 rev. C date stamped the 5th November 2012.

N 1.

The developer is recommended to contact the Department of Infrastructure Highways Division to discuss construction requirements and adoption procedures for the pedestrian footway.

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

Decision Made : Permitted Date : 11-12-12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager