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The application site comprises of land situated at the western end of the built area of King Edward Road in Onchan. The land, which currently contains a vacant dwelling, generally slopes downwards from north to south towards the sea.
The proposed development comprises the erection of a dwelling on the application site. The existing dwelling will be replaced by the proposed dwelling.
The planning application is being considered by the Planning Committee due to the number of objections received.
The application site and adjoining land has been the subject of a number of previous planning applications that are considered potentially material to the assessment of this current planning application:
Planning application 01/00058/B sought approval for the demolition of existing dwelling and creation of four apartment buildings housing 42 apartments on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was initially refused on the 25th September 2001.
Planning application 01/01273/B sought approval for the demolition of existing dwelling and creation of four two storey blocks, housing 30 apartments on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was initially refused on the 29th October 2001. The refusal was confirmed at review, with the review refusal decision notice issued on the 31st January 2002. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 9th July 2002.
Planning application 02/01755/B sought approval for the erection of four apartment blocks each containing three apartments with parking provisions and landscaping on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was initially refused on the 23rd January 2003. The refusal was confirmed at review, with the review refusal decision notice issued on the 27th March 2003. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 30th July 2002.
Planning application 06/00212/B sought approval for the creation of a layout for six residential dwellings and garages, roadway and drainage on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was refused on the 27th July 2006. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 8th January 2007.
Planning application 07/02101/B sought approval for residential development to provide plots for four detached dwellings with associated roads and drainage and creation of a new access on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was approved on the 11th March 2008.
Planning application 08/02129/B sought approval for the erection of a dwelling on plot 4 of the four plots approved under previous planning application 07/02101/B. This previous planning application was refused by the Planning Committee on the 17th April 2009. A subsequent appeal against the refusal was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 22nd July 2009. A copy of the appeal decision for this previous planning application has been placed on the file for the current planning application.
Planning application 09/02073/B sought approval for the erection of a detached dwelling on plot 2 of the four plots approved under previous planning application 07/02101/B. This previous planning application was approved by the Planning Committee, with the approval decision notice issued on the 13th April 2010.
Planning application 09/02074/B seeks approval for the erection of a detached dwelling on plot 3 of the four plots approved under previous planning application 07/02101/B. At the time writing this report this concurrent planning application was pending consideration by the Planning Committee.
Onchan District Commissioners recommend that the planning application be refused. The grounds for their objection can be summarised as concern that the proposed dwelling is not in keeping within the area, that it would be an over excessive use of the area and that it is located too near to the roadside. In response to the receipt of amended drawings they reiterated their original concerns.
The Department of Transport Highways Division do not oppose the planning application.
The Department of Transport Drainage Division do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application. The owners and/or occupants of The Long House, Lag Birragh Drive object to the planning application. The grounds for their objection can be summarised as concern that the proposed development will overlook their property to the detriment of their privacy. They also suggest that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. In response to the receipt of amended drawings they reiterated their original concerns.
The owners and/or occupants of Bainahowe, 139 King Edward Road object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. They also suggest that the proposed dwelling will overlook their property to the detriment of their privacy.
The owners and/or occupants of Dolphin Point, 5 Lag Birragh Drive object to the planning application. The grounds for their objection can be summarised as concern regarding the scale of the proposed development and belief that the proposal will overlook their property to the detriment of their privacy. In response to the receipt of amended drawings they reiterated their original concerns.
The owners and/or occupants of 133 King Edward Road object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. They also suggest that the proposed dwelling will overlook their property to the detriment of their privacy.
The owners and/or occupants of 135 King Edward Road object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. They also suggest that the proposed dwelling will overlook their property to the detriment of their privacy. In response to the receipt of amended drawings they reiterated their original concerns.
The owners and/or occupants of Braemar, 1 Lag Birragh Drive object to the planning application. The grounds for their objection can be summarised as concern that the proposed development will overlook their property to the detriment of their privacy. They also suggest that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. Additionally, they comment on the general appearance of the site, the manner in which proposals have been put forward and potential consequences arising from the residential use if permitted.
The owners and/or occupants of Ruo-Emoh, 137 King Edward Road object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the surrounding area and will be visually intrusive. They also suggest that the proposed dwelling will overlook their property to the detriment of their privacy. In response to the receipt of amended drawings they reiterated their original concerns.
In terms of local plan policy, the application site is located within a wider area of land that is designated as proposed predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000, with the application site and adjoining land being specifically annotated as area 12 on Map No. 1. Planning Circular 1/2000, which forms the written statement to be read in conjunction with the Onchan Local Plan, refers to the application site and contains two policies that are considered specifically material to the assessment of the planning application:
Paragraph 4.23 states: "There is a small piece of land which lies between the property known as 'Far End' and the public footpath which forms part of the Raad ny Foillan. It has been suggested that this piece of land represents a suitable site for the development of further dwellings, balancing the extent of development on the upper side of the road. The Department would accept that this site could accommodate a small number of dwellings without being detrimental to the amenities of the surrounding area. Whilst it has been suggested that the site may accommodate a higher number of dwellings and the Inspector considered also that a more flexible approach to the development of the site should be adopted and that a specific number of dwellings should not be required in the Plan, the Department considers that development should be in accordance with that existing to the west
and as such has judged that no more than three dwellings could be developed on this site without detriment to adjacent property or the view of the site from the main road. To include flexibility at this stage would, in the opinion of the Department encourage developments that would not be appropriate. Access to the site would be from King Edward Road and any road into the site must not have a gradient in excess of 1 in 10. The advice of the Department of Transport Highways and Traffic Division is recommended prior to the submission of any planning application for the site".
Policy O/RES/P/9, which relates to area 12, states: "The site, adjacent to 'Far End' will be considered suitable for the development of a maximum of three new dwellings. Development must respond to the natural contours of the site and must avoid unnecessary underbuilding or building up of the floor levels. Development must retain and enhance the public footpath which runs through the site. Access to the site must be in the form of a single cul-de-sac from King Edward Road with no gradient of any road or drive to exceed 1 in 10. Car parking must be provided at a ratio of at least three spaces per dwelling where at least one of these is provided and retained behind the building line".
Policy O/RES/P/19, which relates to residential development in other parts of Onchan, 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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are 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:
Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
The planning application seeks approval for the erection of a dwelling on the application site. The submitted planning application comprises the completed application form, detailed drawings, 3D photomontages and a design statement.
In terms of the assessment of the planning application the appropriate starting point is an examination of the principle of the residential development of the application site. As stated earlier in this report the application site is located within a wider area of land that is designated as proposed predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and there is extant planning approval under 07/02101/B for four plots with associated roads, drainage and access on the application site and adjoining land.
Accordingly, it has to be concluded that the principle of residential development on the application site is established. This conclusion is supported by the report of the appointed Planning Inspector into the appeal against the refusal of planning application 08/02129/B (paragraph 9).
Having established that the principle of development is acceptable it remains necessary to assess the site specific implications of the proposed development. In terms of this it can be seen that under the provisions of General Policy 2 and Housing Policy 6 the development of land that is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan. As stated earlier in this report the application site is located within a wider area of land that is designated as area 12 with the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000. Policy O/RES/P/9 specifically relates to development of area 12 and therefore represents a development brief against which the site specific implications of the proposed development should be primarily assessed. Given the existence of, and reliance of the development proposed by the planning application on, the extant planning approval for four plots with associated roads, drainage and access under 07/02101/B the development brief set out by Policy O/RES/P/9 contains three issues that are relevant to the assessment of the site specific implications. By breaking down Policy O/RES/P/9 into its constituent parts these three issues are:
i) Development must respond to the natural contours of the site and must avoid unnecessary underbuilding or building up of the floor levels;
ii) Development must retain and enhance the public footpath which runs through the site; and
iii) Car parking must be provided at a ratio of at least three spaces per dwelling where at least one of these is provided and retained behind the building line.
Beyond these three issues it will still be necessary to examine the general impact of the proposed development on public amenity, private amenity and highway safety within the surrounding area. Furthermore, given that the potential presence of lizards within the application site and surrounding land has been highlighted it will also be necessary to assess the impact of the proposed development on them.
In respect of the three issues identified within Policy O/RES/P/9 it is concluded in terms of i) that the development proposed by the planning application suitably responds to the natural contours of the site and appropriately avoids unnecessary underbuilding or building up of the floor levels. Drawings contained within the planning application include cross-sections through the application site and proposed development to demonstrate this. As such, the proposed development suitably accords with i). In respect of ii) the route of the existing footpath is unaffected by the proposed development. In respect of iii) the proposed development provides adequate car parking spaces to serve the needs of the dwelling and includes a three car garage. As such the proposed development suitably accords with iii). As such it can be seen that the proposed development meets the site specific issues contained within the development brief set out by Policy O/RES/P/9.
In terms of impact on public amenity the main consideration is the appearance of the proposed dwelling within the street scene and surrounding area. It can immediately be seen that the design of the proposed dwelling is unashamedly modern, with a design that aims to take advantage of a wide palette of materials in the external construction and utilises modern construction techniques. Although the design is clearly different from that of the dwelling approved through previous planning application 08/02129/B it can be seen that it uses similar external materials as part of its design. The external appearance of the proposed dwelling combines smooth painted render, cedar and larch board cladding, Manx stone, stainless steel detailing, glazing, and a sedum grass roof. The appointed Planning Inspector for appeal against the refusal of previous planning application 08/02129/B came to clear conclusions regarding the acceptability of the site for modern design that are relevant to the assessment of this current planning application. These conclusions have to be taken into account and add significant weight to the acceptability of the modern design that is now proposed. It should be recognised that sites suitable or capable of accommodating modern design are relatively restricted in number by land use designation and planning policy relating to design. As the application site and adjoining land is not restricted by the land use designation or any planning policy specifically relating to design it has to be reasonably viewed as a site capable of accommodating modern design. The main impact of the proposed development on public amenity is on King Edward Road. The appearance of this elevation is best illustrated by the photomontages submitted with the planning application. Whilst undoubtedly different to other existing dwellings within the surrounding area in terms of design it is concluded that the visual impact of the proposal along King Edward Road is not unduly harmful to public amenity.
As regards the impact on private amenity the two main issues to consider whether the design of the proposed dwelling would result in unacceptable overlooking or overbearing of the existing surrounding properties. These particular issues were the subject of additional post-submission discussion with the applicants, which resulted in revisions of the proposed dwelling. It was also agreed that the proposed development would benefit from reinforcement of landscaping and screen planting along the site boundary with existing adjacent properties. Whilst it cannot be denied that the proposed dwelling is larger than adjacent dwellings it is concluded due to a
combination of design, orientation, levels and planting that its impact does not affect existing properties to an extent that would warrant refusal of the planning application. It is also necessary to look at the impact of the proposed dwelling on the dwellings proposed on the adjoining land (plots 2, 3 & 4). In this respect it can be seen that the overall development has been designed to take account of this and do not unduly affect each other. On this basis it is concluded that the proposed development does not unduly harm private amenity.
Turning to the issue of impact on highway safety it can be seen that the proposed development does not create any new accesses onto the public highway as it relies on using the access road that was approved under previous planning application 07/02101/B. The proposed dwelling has more than adequate on-site car parking provision. As such, the proposed development does not harm highway safety.
Finally, as stated earlier in this report the potential presence of lizards within the application site and adjacent land has been previously highlighted. However, following discussions between the applicant and the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division it has been established that the application site is not the primary area of potential lizard habitat. On that basis, whilst specific measures have been incorporated within the developments proposed on the adjacent land (specifically plot 2 and 4) it is not necessary for such measures within the application site for the development proposed by this planning application.
Taking the above into account it is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Onchan District Commissioners; The Department of Transport Drainage Division (no part of the Water and Sewerage Authority); The owners and/or occupants of The Long House, Lag Birragh Drive; The owners and/or occupants of Dolphin Point, 5 Lag Birragh Drive; and The owners and/or occupants of Braemar, 1 Lag Birragh Drive.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Transport Highways and Traffic Division (now part of the Department of Infrastructure of which the Planning Authority is part and therefore cannot be afforded party status); The Manx Electricity Authority; The owners and/or occupants of Balnahowe, 139 King Edward Road; The owners and/or occupants of 133 King Edward Road; The owners and/or occupants of 135 King Edward Road; and The owners and/or occupants of Ruo-Emoh, 137 King Edward Road.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 29.04.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
4 May 2010 09/02069/B Page 6 of 7
This approval relates to drawing no.s K116/P/10-11, K116/P/10-12, K116/P/10-14, K116/P/10-15, K116/P/10-16, K116/P/11-11 date stamped the 18th December 2009 and drawing no.s K116/P/10-17 rev. A, K116/P/11-12 rev. A, K116/P/12-11 rev. A and K116/P/12-12 rev. A date stamped the 19th March 2010.
C 3. Prior to the commencement of development a scheme of landscaping that specifically relates to screen planting along the western boundary of the application site with adjoining properties Braemar and The Long House must be submitted to and agreed by the Planning Authority. Such planting should serve to reinforce the boundary between existing and proposed properties as well as aiding to limit the impact of the proposed development on the residential amenity of those existing properties. Thereafter, all planting comprised in the agreed scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development 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.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO
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