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Application No.: 10/00349/A Applicant: Mr John & Mrs Patricia Boyes Proposal: Approval in principle for the erection of a dwelling Site Address: Plot Adjoining Little Croft The Colony Port Lewaigue Ramsey Isle Of Man IM7 1AL Considerations Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee Written Representations Greycot The Colony Port Lewaigue Ramsey Objects to the proposal Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man Interest expressed Shan Vallah The Colony Maughold Isle Of Man Objects to the proposal Glebe Cottage Kirk Maughold Isle Of Man Interest expressed Consultations Consultee : Highways Division Notes : Defer Consultee : Drainage Division Notes : defer 12.08.10 - No objection Consultee : Manx Electricity Authority Notes : Contact the MEA Planning Department (tel. 687781) to discuss the electricity supply for this application. 26 August 2010 10/00349/A Page 1 of 8 Consultee : Maughold Commissioners Notes: Comments recieved 20.04.10 - comments received.
This application is being reported to Committee at the request of the Director of Planning and Building Control in the interests of consistency.
The application site is the plot adjoining, Little Croft, 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 in Principle to erect a dwelling.
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:
"Housing 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:-
Reserved Matters Application for the erection of a dwelling and garage - 10/00454/REM - Site adjacent to Shan Vallah, The Colony, Port Lewaigue, Ramsey - PENDING CONSIDERATION
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 did initially object for the following reasons:- "The Commissioners wish to draw the attention of the Committee to the range of drainage issues which are relevant to this site. The site is in the immediate proximity of the garden of Shan Vallah which is currently the subject of a Reserved Matters application. The latter site has been identified as having extremely poor drainage; a condition on the Approval in Principle at the property insists that an adequate rainwater harvesting system is incorporated.
However, after the applicant submitted further information regarding their concern the Commissioners no longer have an objection.
It is reasonable to assume therefore that the plot identified in this application may present similar surface drainage difficulties. This needs to be established before any permissions are given.
The Commissioners wish to refer attention to the current raw sewerage system in the Port Lewaigue area which is acknowledged as inadequate.
They oppose any further development in this vicinity until the raw sewerage system is replaced." Highways Division have deferred from making a decision for the following reason:-
"Insufficient information on visibility, access and parking arrangements to respond in full." Water and Sewerage Authority has no objection subject to conditions. 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.
The owners/occupiers of Glebe Cottage, Kirk Maughold, have objected to the application which can be summarised as; no new dwelling should be allowed until Junction of the Colony and Church Road are improved.
The owners/occupiers of Greycot, The Colony, Church Road, Port Lewaigue have objected to the application which can be summarised as; previous application (06/01955/A) on adjacent site was refused on the grounds of inadequate drainage facilities for surface water and foul; the proposal would have to connect into a private sewerage which discharges directly into the sea; the Junction of The Colony and Church Road is hazardous when existing from the Colony, any further traffic would impact upon highway safety; damage to private highway through construction.
The owners/occupiers of Close Foillan, have registered an interest to the application through Cornerstone Architects.
The owner/occupier of Shan Vallah, The Colony, Maughold has objected to the application which can be summarised as; impacts upon inadequate existing drainage system would have a detrimental impact upon their property; existing sewage discharges directly into the sea, until the IRIS scheme is undertaken then no further development should be undertaken; increase in traffic would increase cost of private highway; impact on highway safety; impact upon outlook from their property, which currently has views towards the sea;
In terms of planning policy the site is zoned as being within a predominantly residential area. Therefore the principle for a dwelling is acceptable. However, there is still a number of material planning matters which need consideration.
The first relates to the size of the plot, and whether it is reasonable to consider an appropriate sized dwelling could fit within the site, whilst still providing the relevant amenities (garden, parking etc).
The site has a frontage onto the Colony lane of 22.5 metres, which reduce by 0.5 metres along the rear boundary, which is shared with the neighbouring property Close Foillan. The depth of the site is approximately 23 metres along the southern boundary and 21.7 metres to the northern boundary.
Directly adjacent to the application site to the southern boundary, planning permission was recently granted for a dwelling (08/00672/A), which is slightly smaller in width, but slight longer in depth. Accordingly, it is considered, given this previously approval and given the size of the site is of an adequate size to accommodate a dwelling; the scheme in principle would be acceptable.
The next 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 directly adjacent plot to the south. The application proposed the dwelling to be connected to the sewerage system which current outflows onto the beach 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 examine 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."
This new submission under consideration, the applicants have spoken to the Water and Sewerage Authority and submitted details that they propose to use a Klargester sewerage treatment plant which will treat the foul water, before disposal of the clean water into the sewerage system. Furthermore, the applicants have indicated that they would use a rainwater harvesting system which to accommodate the surface water. Both these schemes where considered acceptable at the adjacent site which benefit from an approval in principle permission.
Again the Water and Sewerage Authority have no objection to the proposals. For these reasons, and given the adjacent site benefits from an Approval in Principle subject to conditions, it is considered appropriate again that the same conditions regarding the surface water and foul drainage be attached to any approval.
In terms of visibility splays, the neighbouring planning approval showed splays of 2 metres by 18 metres, which were accepted by the Highway Division. Consequently, it is appropriate that the same standard be applied for this site. The Highway Division have deferred from making a decisions as no details have been provided. However, it is considered that such splays, parking provision and turning arrangements can be provided within the site, and therefore from this aspect the principle is acceptable, subject to conditions.
In terms of potential impact upon highway safety upon the junction from the Colony onto Church Road (A15), the Highway Division has not objected to the application on these grounds, nor have they objected to the previous applications.
In terms of the design of a new dwelling, there may be some limitations in terms of height / storeys. The eastern boundary of the site is shared with the residential property 'Close Foillan'. There is some concern that given the relatively low boundary treatment/landscaping, shared by these properties, that there would be a potential impact of overlooking from 1st floor windows and above into the front and rear gardens of the neighbouring property.
However, a taller dwelling than a single storey property might be acceptable depending on its, siting, design and layout of rooms. Accordingly, it is not considered a condition limiting the dwelling to single storey should be required at this stage.
RECOMMENDATION 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.
PARTY STATUS 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 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 The owners/occupiers of Glebe Cottage, Kirk Maughold, have objected to the 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: Permitted
Date of Recommendation: 12.08.2010
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. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
C 4. This approval relates to the approval in principle for the erection of a dwelling as proposed in the submitted documents and drawings LOC \& SITE all received on 12th March 2010 and 29th April 2010.
C 5. Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site.
C 6. Any reserved matters planning application must include provision to allow a car to enter and exit the application site in a forward gear.
C 7. Any reserved matters planning application must include provision for vehicular sight lines of a minimum of 2 metres by 18 metres.
C 8. The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.
The Proposed dwelling must have a package sewage treatment plant installed to pre-treat any foul flows from this development. There will be no direct foul discharge to the public foul sewer until such time that a regional public sewerage plant has been installed.
C 9. There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water \& Sewerage Authority.
C 10. Any reserved matters planning application must include measures for the provision of the surface water. These measure could be a rain harvesting system to recycle water for use in the dwelling, with the over flow going to a drainage swale; full details of which should be agreed with the Water and Sewerage Authority
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
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Copyright in submitted documents remains with their authors. Request removal
