Planning Officer Assessment Statement

infrastructure planning and building control bun-troggalys - plannal as gurneil troggal RECEIVED ON 18 MAR 2011 DEPARTMENT OF HARASTRUCTURE Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. email: [email protected] Tel: (01624) 685906 Fax: (01624) 686443 Director of Planning & Building Control M.I. McCauley, M.R.T.P.I. 7th February, 2011 Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN. Dear Mr. Johnstone, Re: PA 11/00013 – demolition of 14 dwellings and erection of dwellings, Clagh Vane, Ballasalla, Malew Please find attached a statement on behalf of the Planning and Building Control Division in respect of the above application. The application is referred to the Chief Secretary as the lane to the rear of Cobbold Place is an adopted highway which is owned by the Department of Infrastructure which includes the Planning Authority. Yours sincerely, Miss Sarah Corlett Planning Officer ## The Site The site is the part of the Clagh Vane residential estate which accommodates Whitestone Terrace, Glashen Terrace, numbers 1-6 Cobbold Place and numbers 1-25, Clagh Vane (odd numbers only). Vehicular access to these properties is from with Clagh Vane rather than directly onto the A5 Douglas Road although there is a pedestrian access available between Glashen Terrace and 1, Clagh Vane. Parking associated with these properties is provided at the rear of the application properties off a rear lane in the form of approximately 21 parking spaces - 9 beside 6, Cobbold Place and 12 to the rear of Whitestone Terrace, serving 30 properties. ## Planning Status The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 and the draft Southern Area plan as Residential. ## The Proposal Proposed now is the replacement of numbers 1-27 (odd numbers) Clagh Vane with new dwellings and a Biomass energy unit, the creation of a new entrance to the rear parking area from where numbers 23 and 25 were previously. The new dwellings are to be single storey in place of numbers 1 and 3 but with substantial areas of roofing. The dwellings in place of numbers 5 to 15 are two storey apartments. The dwellings on the corner at the entrance to the estate, in place of numbers 17 - 23 are mainly two storey, similar to those proposed to the south west but with a single storey unit at the northern end alongside the new access road. All buildings will be finished in a slate coloured roof, rendered walling, casement windows with engineering brick details over the top and concrete cills. The biomass building will be single storey with a shallow pitched sheeted roof, sheeted walling and solar panels on the roof. There will be two additional residential units on the site as a result of the proposals, together with an additional nineteen car parking spaces. The vehicular access to the rear lane alongside Cobbold Place is to be widened from 3.5m to 6m. Overall, an additional two spaces are to be provided alongside 6, Cobbold Place, and a further 16 spaces opposite the existing spaces behind Whitestone Terrace and two alongside the biomass boiler - 41 spaces for 33 dwellings. ## Planning Policy The appropriate planning policy is General Policy 2 which 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 space 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 adverse 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." In addition, the Strategic Aim and Strategic Policy 1 are relevant: these state: Strategic Aim: "to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage." Strategic Policy 1 which states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services". ### Planning History Clagh Vane has been the subject of a number of recent applications for re-development and enhancement of the estate and the car parking. New housing is being built to the north of the main entrance, approved under PA 09/0390 and the parking and landscaped area in front of Cobbold Place was amended under the provisions of PA 10/0348. ### Representations Malew Parish Commissioners express concerns regarding the bio-mass boiler on the basis of its cost and efficiency - noting that a back up gas boiler is provided which could provide for more than the 33 dwellings involved in this scheme and also have regard to the fact that the mains gas supply is to be extended to the south of the Island. They also express concern that there is no provision of "Community Facilities" although the nature of these is not specified - shops, play facilities, open space, youth clubs. The Commissioners also reiterate their concern about "their preferred traffic scheme" for the development and note that whilst some alterations have been made to the scheme, not all aspects have been covered and reserve some concerns in this respect. No details of which aspects of the scheme this refers to have been given. The Senior Biodiversity Officer at DEFA does not object to the application but suggests that demolition is undertaken outside the bird breeding season and that care is taken not to disturb any bat roost - there are no records of bats roosting within the site but there is one record of a bat being removed from the living space within one of the application properties. It raise no objection to the application, noting that the reduced parking standard is acceptable due to the proximity to the public transport system and local services and that the layout will maintain vehicular access for servicing and facilitate access to the school although it is the longer term aim that through traffic will be restricted if and when the primary school is relocated. The elected Member for the area objects to the loss of the existing community facilities which will be demolished and suggests that an environmental impact be undertaken in respect of the bio-mass boiler as he understands that similar facilities have been refused "in other jurisdictions" due to "pollution problems". The Isle of Man Fire and Rescue Service makes comments about the provision of fire hydrants and access for emergency vehicles. The provision of fire hydrants is not a planning matter and there is no suggestion that the access is not suitable for emergency vehicles. ## Assessment The development will result in the loss of existing dwellings which are of little environmental value and will provide a greater number of dwellings and a higher ratio of car parking, both of which accord with the policies of the Strategic Plan. The Commissioners have alluded to issues relating to access and traffic but have not specified which elements of the scheme are a problem. Highways and Traffic Division indicate that they support the scheme which will maintain access but with traffic calming features to control speed and ensure pedestrian safety. The bio-mass boiler appears to have generated concern with the local authority and the elected Member although there is no evidence that such a source of heating has any adverse impacts nor where or in what circumstances have such installations been objectionable or problematical. The Isle of Man Strategic Plan contains advice on renewable energy at paragraph 12.2.8 where it states "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations in 2003. Energy efficiency and the use of renewable energy sources are covered in general Policy 2(m) of the Building Regulations. At the same time the Department recognizes [sic] that renewable energy sources can have adverse environmental impacts..." then goes on to discuss wind turbines. Energy Policy 4 states : "Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA." Appendix Five makes recommendations on which types of application will require the submission of an EIA and these include "thermal power stations and thermal installations". It is recommended that the proposed facility is of such a scale as not to warrant the requirement for an EIA. It is understood that the boiler will be no greater than 240kW. Advice from the London Borough of Richmond upon Thames states that installation of such schemes for up to 500kW should be exempt from the requirement or pollution abatement equipment to maintain air quality and states "Any applications for biomass installations below this threshold should demonstrate no adverse impacts on air quality." The local press has today issued an article indicating that the price of gas on the Island is to rise between 9% and 14%, a 30% rise in the cost of bringing the gas into the Island having recently been experienced. The community facility which is referred to by both the local authority and the elected Member for the area, is believed to be the recently created facility at numbers 25 and 27, Clagh Vane and was the subject of PA 09/02092 which was approved, subject to a condition which stated: "This permission is for the temporary use of the property only, and is effective until 31st December, 2011 or until the completion of the refurbishment and redevelopment of Clagh Vane, whichever is the sooner, whereupon, if 25 and 27, Clagh Vane have not been redeveloped, the use must cease and the use of the properties revert back to residential use, unless a further application for an extension of this period is sought and approved." It was clearly intended to be a temporary facility and there was no requirement for any replacement to be provided. As such, it is not accepted that the loss of this temporary facility is a sufficient reason to refuse the application. The scheme will make better use of the land in terms of the numbers of units, whilst increasing the number of car parking spaces available for the development. The style of the development is more modern than the existing and more in keeping with the new development permitted and under construction further to the north east of the site. It is considered that the application accords with adopted policy. If the application is permitted, the following conditions are recommended: 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This permission relates to the re-development of the site including the erection of new dwellings and apartments and a new bio-mass boiler and alterations to access and car parking, all as shown in drawings reference 01,02, 03, 06, 07, 08, 09, 10, 4-100A, 4-300A, 4-301D all received on 7th January, 2011. NOTE: the applicant is encouraged to undertake the demolition part of the development outwith the bird breeding season or to bird proof the dwellings prior to their demolition to avoid loss of bird life. In addition, the application is encouraged to liaise with DEFA in respect of any potential threat to bats which are protected under the Wildlife Act 1990. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 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. The elected Member is not directly affected and does not comply with any of the criteria in section 2 of Government Circular 1/06 and as such should not be afforded party status in this instance. The Isle of Man Fire and Rescue Service is a statutory authority and as such should be afforded party status in this instance.