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The application site is the site adjacent to Shan Vallah, The Colony, Port Lewaigue, Ramsey, which is located on the eastern side of The Colony and north of Church Road (A15 Road).
The application seeks approval for the Reserved Matters Application for the erection of a dwelling and garage. The dwelling would have a width of 12 metres, a depth of 7 metres and a ridge height of 10.5 metres.
The application site is within an area recognised as being an area of "existing residential use", under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
Policy 2: 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:
Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
The following planning applications are considered relevant in the assessment and determination of this application:-
Approval in principle for the erection of a dwelling and garage - 08/00672/A - Site adjacent to Shan Vallah, The Colony, Port Lewaigue, Ramsey - APPROVED at appeal
Approval in principle for the erection of a dwelling and garage- Site adjacent to Shan Vallah, The Colony, Port Lewaigue, Ramsey - 06/01955/A - REFUSED at appeal for the following reasons:-
Maughold Commissioners have objected for the following reasons:- "The Commissioners have several concerns with the proposals presented in this application. Members note that following percolation tests, soakaways would be an inadequate solution on this site. The Commissioners question the reason for the reintroduction of soakaways without any adequate justification or detailed site specific figures that would prove the effectiveness of the proposed system.
Members also note that the design of the surface water harvesting system approved against 08/00672/A has been completely altered. There appears to be little site specific technical information in the submission that indicates whether this lately proposed system would satisfy the Drainage Division requests (made in a letter to the Secretary to the Planning Committee dated 13th April 2007) in regard to discharge of surface water and installation of a harvesting system.
Without more detailed site specific information the application cannot be properly considered. The Commissioners request that the Drainage Division and Planning Authority demand adequate technical information from the applicant to allow investigation of these matters in full before any decision is issued on this application. The process of considering this application should be postponed until this information is received.
Members of the Commission request that the Planning Authority takes note of the proposed height of the dwelling and ensures it will not be higher than the neighbouring dwelling Shan Vallah.
They are also concerned to note that the creation of visibility splays involves removal of hedge on the boundary of Shan Vallah itself. This is a further matter which must be resolved prior to any decision being made."
Highways Division:- "Do not oppose has no traffic management or road safety implications." Water and Sewerage Authority have objected to the application:- "The Applicant has failed to provide sufficient information for the Authority to assess this application correctly, in terms of the surface water disposal from this site. Until such times that the applicant provide the information requested by the Authority our stance is Objection."
"This plot has two conifers at the corner that form part of a rookery, which is valued by neighbours. It would be worthwhile retaining them if possible. Rookeries are traditional sites that can be used year in year out for many years. I am aware that there is permission in principle for a dwelling but having seen these trees, it appears that trimming the lower limbs off would free up the space in the plot, leaving two upright trees on the boundary of the site and retaining the nests. You will of course have to consider whether it is possible to build a house of the size proposed and still retain the trees without them posing a danger to those living there. We do not wish to see a safety-based application for felling as soon as the house is built, so consideration should be given to this, one way or another, at this stage.
These comments are made purely from a wildlife perspective. Our forestry officers can advise on tree protection issues if you need further details."
The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
Mr Steven Rodan SHK has written to support raised by his constituents regarding serious concerns of the increase risk of flooding, due to inadequate surface water drainage proposed by the development.
The owners/occupiers of Greycot, The Colony, Church Road, Port Lewaigue have objected to the application which can be summarised as; soakaways inadequate on this site due to previous percolation tests which failed; previous application (06/01955/A) on adjacent site was refused on the grounds of inadequate drainage facilities for surface water and foul; Swale system was approved in principle under application 08/00672/A, has not been included in this new development; no contingency plans for when the house is unoccupied and the grey water/rainwater harvesting system cannot work; and proposal would result in flooding across the un-adopted road onto Greycot's frontage.
The owner/occupier of The Cronk, The Colony, Maughold has objected to the application which can be summarised as; proposal out of character and out of place with other houses in the cul-de-sac; Area of Port-E-Vullen is already heavily developed; and loss of trees impacting upon the environment of the area.
The owner/occupier of Shan Vallah, The Colony, Maughold has objected to the application which can be summarised as; impact upon outlook; impacts upon inadequate existing drainage system would have a detrimental impact upon their property; proposal would increase the likelihood of flooding; grey water system was approved in principle under application 08/00672/A, has not been included in this new development; impact on highway safety; sightlines would cross my property where there is
currently a two metre high hedge; impact upon amenity of area due to the loss of two trees fronting the site.
The owner/occupier of Close Foillan, The Colony, Maughold has objected to the application which can be summarised as; submitted information does not comply with conditions of application (08/00672/A), especially the disposal of sewerage and surface water details; no provision for the protection of trees during construction. Construction so close to their boundary could result in vegetation to be damaged; loss of privacy being overlooked from 4 bedroom windows, 7.2 metres from the common boundary; and to provide visibility would result the loss of the entire boundary, materially affecting the appearance of the Colony private road.
The principle for development has previously been established due to the approval of application 08/00672/A. This application only deals with the Reserved Matters which include the detailed information regarding the siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site and whether the site can be adequate drain surface water and provide accept provision of foul water.
A major issue relates to the water surface runoff and the disposal of foul sewerage. Within the area there is a major issue regarding foul sewerage and surface water disposal. This was highlighted by a previous planning application (06/01955/A) for a new dwelling on the application site. The application proposed the dwelling to be connected to the sewerage system which current outflows onto the beach/sea untreated.
The Planning Inspector for application stated:- "On the issue of the disposal of foul water, I consider that it is most unsatisfactory that the Drainage Division has no objections to increasing the number of dwellings discharging on to the beach. I agree with the Objectors that this is contrary to the spirit of SP Environment Policy 22. I acknowledge that the discharge from a single dwelling may not have a "significant effect". However, continuing to add single dwellings to the sewerage system would be most undesirable, and this practice has to cease at some stage. In this particular case, Tynwald has adopted the SP, Environmental Policy 22, recently. Therefore, this Policy has to be given considerable weight."
The application was subsequently refused for the two reasons indicated within the planning history of this report, but related to inadequate provision for both surface water and sewerage disposal.
Following that refusal a further application was submitted (08/00672/A) which seeked to overcome the previous reasons for refusal. This application went to an Appeal Inquiry where very detailed and technical information regarding the surface water and sewerage information was discussed.
The Planning Inspector for this application considered that the submitted technical information submitted where; "matters to be resolved by either the Drainage Authority or the Building Control Section of the Government" and that to try examining these mostly entirely technical calculations at this planning inquiry was inappropriate.
The Inspector went on to state the reasons for this view which relate to the Drainage Division having no objection, subject to the proposed method of treating and disposal of foul sewage could be undertaken subject to a condition. Furthermore, the Drainage Division had no objection to the proposed rain harvesting system subject to condition.
The Planning Inspector stated; "In any event the design and adequacy of the infiltration system is subject to approval from the Government Building Control Section.
In conclusion of these matters the Inspector stated; "In these particular circumstances it would be entirely appropriate to leave the details of foul sewage treatment and disposal and surface water disposal to the proper control of the Drainage Division and Building Control Section by way of suitable
conditions. This would properly address the fears of the appellants that inadequate and unsatisfactory arrangements might be made for sewage and surface water disposal
As part of the approval of application 08/00672/A, conditions were attached requiring details being provided for the treatment and disposal of sewerage on site and the disposal of surface water.
The approval in principle application proposed the use of a water retention tank which would harvest rain water. Further to this a grass swale was indicated within the site to act as an overflow from the retention tank. From the applicant's submitted detailed calculations that showed with the size of swale and tank as indicated, it would be possible to adequately provide provision for surface water.
This submission does not include any details of swales being used; instead the water retention tank which would harvest rain water would have an overflow to attenuation cells. These allow surface water to be stored in one location and gradually released back to the ground, a bit at a time, at a pace the ground can handle.
The submission includes brochures of a bio disc, rain water harvesting tank details and soakaway attenuation cell details. Whilst these could be possible measure to overcome serious concerns of drainage in the area, they do not adequate demonstrate that such proposal could overcome the concerns of the local residents, Planning Authority and Water and Sewerage Authority.
Due to these concerns the Water and Sewerage Authority have asked for further information regarding the surface water disposal, to expand and prove the proposal would overcome the concerns. These have not been provided.
Accordingly, given the significant surface water concerns within and around the site and the lack of evidence to prove the proposals would overcome these issues, it is considered inappropriate to approve the scheme, until such time as full details have been submitted and approved by the Water and Sewerage Authority at this Reserved Matters stage.
Turning to the issue of visibility splays when exiting the application site on the Colony Road. A condition of the previous application was that splays of 2 metres metres be provided in either direction.
The submission does include such splays; however, a large section is over land outside the control of the applicant, inside the ownership of Shan Vallah. Currently, the front boundary of Shan Vallah consists of a high mature hedgerow and a grass verge between this hedge and the private road.
The majority of the splay would be over the grass verge and therefore visibility at the moment could be achieved. The Highway Division have considered the proposal, and are aware of the above situation, but have no objection.
It is considered given the splays are achievable, but also as the Colony private road traffic is light with speeds less than 15 mph , then the proposal would be acceptable.
The proposal would result in the large hedgerow to be removed, to provide the required visibility splays. This was considered at the approval in principle application when the planning Inspector stated:- "Removal of much of it in order to provide required visibility splays would certainly change the street scene, but would not seriously harm the appearance and character of the street scene."
It should be noted that the applicant could remove all hedges and bushes within the site without any form of planning permission or any felling licence.
The next issue relates to the design and size of the proposal and the potential impact upon the visual appearance of the street scene.
The proposal would be a full two storey property with dormer accommodation within the roof space (two bedrooms). The proposal would result in a ridge height of 10.5 metres.
The residential development of The Colony is designed with reference to the 'Arts \& Craft' style. The housing development is unique within the Island and therefore it is important that any development within this area should be in keeping, and retain the character of the existing street scene.
The majority of properties are semi-detached properties, with a mixture of dormers and 1st floor gable end window design elevations, all providing accommodation within the roof space. There are some exceptions to this design, these being Greycot and Ben Veg, which are again attractive properties, but take the form more of single storey cottages rather than two storey dwellings (i.e. the semi-detached properties).
In terms of the finish, window fenestration, and style, the proposal does follow the lines of the existing properties. However, due to the proposed massing and height the proposal would be unique within the Colony. Whilst the principle of having a differently designed dwelling is considered acceptable, the massing and height of the proposal does raise concern.
The proposal would be sited adjacent to Shah Vallah, which has an approximately ridge height of 8.5 metres. The proposal would be 2 metres higher than this property. Also given the gable ended roof design, this would significant increase the massing of the properly, which appearance is also increased by the installation of dormer windows.
This is compared to the existing properties on the eastern side of the Colony Road, which are made up of hipped roofed designs and pitched roofed gabled ends, which are not only 2 metres lower in height (approximately) but also have less of a massing impact upon the street scene, mainly due to their roof designs.
The proposed dwelling is not located central to the plot, and whilst this is seems to be so as to retain trees on the southern part of the site, this leaves only about 1 m between the site and the neighbouring site to the north. Such a small gap is not characteristic of the area.
It is considered the proposed height, mass and positioning of the dwelling would be out of keeping and inappropriate with the existing properties within the Colony, especially other properties located to the eastern side of the Colony Road, to the detriment of the visual appearance of this unique street scene.
The next issue to consider relates to the potential impact of the proposal from overlooking resulting in a loss of privacy upon residential amenities. In this case the property most likely to be affected would be Close Foillan, which is located to the east of the proposed dwelling.
The windows which are likely to give raise to the greatest degree of overlooking would be the four rear bedroom windows within the rear elevation (1st and dormer windows). The window closet to the shared boundary to the east would be approximately 12 metres away and approximately 26 metres from the main dwelling house.
Along the eastern boundary of the site, comprises substantial landscaping (hedges, bushes and mature trees), which the majority seems to be within the ownership of Close Foillan.
The Planning Authority general guide for properties with directly facing windows is that a 20 metre gap should be retained.
It is considered, given the distance, existing mature landscaping and given any views towards the neighbouring property are angled, no significant overlooking would occur to warrant a refusal.
In terms of the potential impact upon the residential amenities of Shan Vallah, the proposal would not have a significant impact upon loss of light and/or having an overbearing impact.
The proposal is located to the north of Shan Vallah, therefore due to the suns orientation (east to west) no loss of light would be cause be the development.
In terms of the potential impact upon the outlook and loss of a view, the dwelling would be sited 12 metres from the gable elevation of Shan Vallah, which does accommodates a large window. However, given the distance the proposal would be located from the neighbouring property it is considered the impact would not be significant overbearing.
In terms of loss of a view, this is not a material planning consideration which can be considered.
It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Maughold Parish Commissioners Water and Sewerage Authority The owner/occupier of Shan Vallah, The Colony, Maughold The owners/occupiers of Greycot, The Colony, Church Road, Port Lewaigue The owner/occupier of The Cronk, The Colony, The owners/occupiers of Close Foillan, have registered an interest to the application through Cornerstone Architects.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The Manx Electricity Authority Mr Steven Rodan SHK The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 13.08.2010
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