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THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION DUE TO THE LEVEL OF OBJECTIONS.
1.1 The application site is part of the garden associated with 18 Ballastrooan, Colby. 18 Ballastrooan is at present the last property at the end of the cul-de-sac, 18 Ballastrooan is accessed from the highway in front of the dwelling. The cul-de-sac is on the western side of Ballastrooan, the application site is adjacent to The Colby Pump which is identified as an area for further housing on The Area Plan for the South. The site is currently garden associated with 18 Ballastrooan, there is a large mature Sycamore on the piece of land. The Colby Pump site has a number of mature trees. The Colby Pump site is accessed via an existing lane, this lane would also provide access to the application site.
2.1 The application seeks approval in principle for the erection of a dwelling.
3.1 The following previous applications are considered to be specifically material in the assessment of the current application: PA 00/01367/B Creation of vehicular access - approved This application was to provide access to The Colby Pump Site which will also provide an access to the application site. PA 02/02087/A Approval in principle for the erection of five detached dwellings - refused This application was for The Colby Pump site. The application was refused for the following reasons:
R1. The site is zoned for one dwelling in the Arbory and East Rushen Local Plan and the proposal would therefore be contrary to the provisions of the adopted plan for the area.
R2. Notwithstanding the zoning of the site, it is considered that the construction of five dwellings on the site would result in an over development of a limited site and the loss of a number of trees which currently make an important contribution to the amenity of the area and wildlife.
PA 05/92216/B Erection of a dormer bungalow with sun lounge and integral garage - approved
This application was also for The Colby Pump site but was never implemented.
PA 07/00130/B Erection of a two storey dwelling and garage - approved This application was also for The Colby Pump site but was never implemented.
PA 08/00546/A Approval in principle to erect a garage, extend residential curtilage and removal of tree - refused This application was for 18 Ballastrooan and included the application site. It was refused for the following reason: R1. The tree which would be removed as part of the proposed development is part of a group which contributes positively to the character and amenity of the area. In addition, the tree provides roosting and feeding habitat for bats which are protected under the provisions of the Wildlife Act 1990.
PA 10/01368/B Erection of a detached dwelling with attached garage - approved This application was for The Colby Pump site but was never implemented.
PA 13/90980/B Erection of three detached dwellings - refused This application was for The Colby Pump site. It was refused for the following reasons: R1. The proposal is out of character with the wooded nature of the site and to the provisions of the Area Plan in respect of the amount of trees which would be lost as a result of the proposal, particularly at the western edge of the site, and the amount of built development which would result in the loss of natural green space, to the detriment of the ecological value of the site. R2. It is considered that the outlook and amenities of the occupants of plot 3 are likely to be unacceptable due to the proximity of the trees to the south.
4.1 The application site is within an area zoned as "Predominantly Residential" identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider Strategic Policy 1, Strategic Policy 2, Spatial Policy 4, Spatial Policy 5, General Policy 2, Environment Policy 3, Environment Policy 42 and Housing Policy 4 of the Isle of Man Strategic Plan (20th June 2007).
4.2 The application site includes part of Site 16 as identified on The Area Plan for the South. There is a Development Brief for the site which states:
a) Identification of all of the trees within and bordering the site and their canopy spreads; and b) Details of the health and characteristics of those trees, and measures for their protection during and after construction.
5.1 Highway Services, in an email received 4th December 2014, comment on the application. They do not oppose.
5.2 Arbory Commissioners, in a letter received 23rd October 2014, comment on the application.
5.3 Manx Utilities Authority (electricity), in an email received 10th November 2014, comment on the application. They recommend that the applicant contact the Authority prior to commencement.
5.4 The owner/occupier of Builders Yard, Main Road, Colby also the owner of the adjoining site, in an email received 12th November 2014, comment on the application. They are the owners of the land adjacent to and providing access to the site and are concerned that the proposed access will be dangerous as only site lines are being required to one side.
5.5 The owner/occupier of Woodlea, 14 Ballastrooan, Colby, in a letter received 18th November 2014, comment on the application. They object to the application as they feel that their garden may be overlooked by such a development. They feel that this would lead to a loss of privacy and feel that the proposed building is unacceptably close to the shared boundary. They have concerns that the removal of the mature tree should be viewed in the context of the considerable number of trees that have already been felled in the area. The removal of the sycamore would be a further loss of natural habitat for wildlife and a further loss of visual amenity. They believe that the erection of a dormer bungalow would represent an overdevelopment of the site and the estate. The estate road is already becoming quite awkward to drive through as people park along the roadside. They mention the previous application for the site which was refused PA 08/00546/A. They feel that the reasons for refusal of that application would apply equally to this application if not more so.
5.6 The owner/occupier of Colby Croft, Glen Road, Colby also the owner of the adjoining site, in a letter received 21st November 2014, comment on the application. They do not oppose in principle but do have concerns regarding the position of the proposed vehicular access and the impact it would have on access and egress to their dwelling which is currently under construction. There is restricted access to the east and no site line to the west which is the direction of their driveway. They note that the existing timber fence which demarcates the shared boundary would obstruct the visibility of those entering and exiting the property, therefore put vehicles drivers, cyclists and pedestrians entering and exiting their property at risk. They feel that the existing timber fence is crucial to provide privacy between the properties. They feel that there is a more practicable and safer means of access than the one proposed.
6.1 The key considerations in the assessment of the application are the land use designation, the impact upon the amenities of the neighbouring properties, the impact upon the character and appearance of the street scene, impact upon trees and wildlife and impact upon highway safety.
6.2 The site is within an area identified as predominantly residential. Colby is classed as a village in the Isle of Man Strategic Plan under Spatial Policy 4. Strategic Policy 2 and Spatial Policy 5 directs new development to defined settlements which Colby is one of. The principle of residential development is therefore acceptable.
6.3 Strategic Policy 1 indicates that development should make the best use of resources by optimising unused and under-used land. The application site at present is part of the garden associated with 18 Ballastrooan this forms a large garden to the side of 18 Ballastrooan. While the application site would result in a large area of 18 Ballastrooan's garden being lost, both 18 Ballastrooan and the application site would have a similar sized curtilage to the other properties within Ballastrooan. While both 18 Ballastrooan and the application site would have a low level of outdoor amenity space it is considered that the remainder of Ballastrooan has a
similar density. Strategic Policy 1 of the Isle of Man Strategic Plan encourages the use of under-used land.
6.4 The closest neighbouring property to the application site is 18 Ballastrooan. There is also planning approval on The Colby Pump site for one dwelling, the owner of the site has advised that this is under construction. Any development on the application site has to be mindful of the amenities of 18 Ballastrooan, Woodlea (14 Ballastrooan) and the property on The Colby Pump site. It is considered that a modest dwelling could be accommodated on the site without having an adverse impact upon the amenities of neighbouring properties.
6.5 The owner/occupier of Woodlea, 14 Ballastrooan has objected as they feel that a development would result in a loss of privacy of their property and that the proposed development appears to be too close to the shared boundary. The footprint as shown on the site plan is indicative and any reserved matters will have to be mindful of the adjacent properties and the impact upon the amenities of those adjacent properties.
6.6 The application site is located at the end of the cul-de-sac, the site is similar in size to the other sites in the street scene and therefore it is judged that a modest dwelling could be accommodated on the site without having an adverse impact upon the street scene.
6.7 The development of the site is likely to result in the loss of the mature Sycamore tree which is located on site. PA 08/00546/A was for the approval in principle to erect a garage, extend the residential curtilage and removal of the tree. This application was refused as it was considered that the removal of the tree which contributed to the character and amenity of the area would be unacceptable. It was also felt that the loss of the roosting and feeding habitat for bats was unacceptable.
6.8 This proposal also indicates that the tree would be lost as part of any development and therefore it is important to seek the views of the Arboricultural Officer and also the Senior Biodiversity Officer. The applicants have consulted with both officers prior to submitting the application and have included the emails from both officers as part of the application.
6.9 The Arboricultural Officer has indicated that the tree is adjacent to a registered tree area 0989 but the area does not include this Sycamore. He states that the tree has some merit from the point of view of visual amenity. But goes on to say that there are two substantial wounds on the main stem and there are signs of root damage. Both of these suggest that there is decay within the main stem and roots.
6.10 In conclusion the Arboricultural Officer did not believe the Department of Environment, Food and Agriculture would object to the propose development on the grounds of reduced visual amenity caused by the loss of the Sycamore.
6.11 Given that there are a number of mature trees within The Colby Pump site which are within the registered area it is considered that the loss of this tree would not have an adverse impact upon the visual amenity of the area, however Department of Environment, Food and Agriculture would be against the loss of any tree or trees in Registered Area 0989.
6.12 The Senior Biodiversity Officer has visited the site, he notes that there is bat activity in the area but no roost was present in the tree on the date visited. The Officer goes on to conclude that the removal of the single sycamore for development would not be significantly damaging to nature conservation if the other mature trees in the area are retained thereby providing the sheltered foraging habitat currently used by bats in the woodland and surrounding gardens. The Officer notes that there is a recorded roost adjacent and others known in the vicinity.
6.13 It is considered that the tree does have some merit in terms of visual amenity and also for feeding habitat for bats, however, the loss of the one Sycamore is not considered to have an adverse impact on either the visual amenity of habitat overall and therefore on balance the loss of the tree is considered to be acceptable.
6.14 At present the site does not have an access onto the highway, the reserved matters application would deal with the access to the site. Highway Services are satisfied that an access could be provided in the front boundary and sufficient visibility splays could be achieved. The visibility splays could be provided over land which is within the ownership of the applicant.
6.15 For the above reasons the application is considered to be acceptable and is recommended for approval.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
7.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
7.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:
Recommended Decision: Permitted
Date of Recommendation: 15.12.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby approved shall be begun either before the expiration of four years from the date of this approval 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 Department before the expiration of two years from the date of this approval 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.
Details of the access, siting, design, external appearance, internal layout and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To comply with the Town and Country Planning (Development Procedure) (No2) Order 2013.
This approval relates to Plot Map date stamped 3rd December 2014, Map B and Plot Map date stamped 20th October 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made: Approved Committee Meeting Date: 22/12/14
Signed: [Signature] Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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