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THE SITE The application site is a triangular piece of land which forms part of the side garden of the detached property Kerrowkeil, Patrick Road, St Johns, Patrick.
21 December 2010 10/01632/B Page 1 of 5
The site fronts onto Patrick Road and its rear boundary is defined by a narrow access lane which serves four residential properties located to the north of the site.
There is an Ash tree located on the front boundary of the site.
This application seeks approval for the construction of a detached, two storey dwelling. The building has been designed to be double fronted with a central stone-clad porch. The roof ridge has been devised to be as low as possible in order to reduce the impact upon the view currently available to the properties behind.
Access to the site would be from the Patrick Road with parking and turning space provided to the front of the building.
The existing Ash tree would be removed to make way for the parking hardstanding however 7 Birch trees would be planted along the boundary shared with Kerrowkeil and the applicant has already planted an Oak tree and a Chestnut tree aimed at mitigating the loss of the Ash tree.
The application site is located within an area identified as being residential use by the St Johns Local Plan. Within the Local Plan, the following are considered relevant:
Paragraph 2.18 and 2.19; Policy RES/P/5. Within the Isle of Man Strategic Plan 2007, the following policies are judged to be relevant: Strategic Policy 1 - Development should make the best use of resources; Strategic Policy 2 - New development will be located primarily within existing settlements; Spatial Policy 3 - Identifies St Johns as a Service Village where housing should be provided to meet local needs; General Policy 2 - Lists the criteria applied in assessing development which is in accordance with the designation of a site; Environmental Policy 42 - New development in existing settlements must be designed to take account of particular character and identity of the area; Transport Policy 7 - Development must meet current Parking Standards.
The adjacent property Kerrowkeil, which is in the ownership of the applicant, has been the subject of planning applications for alterations and extensions however the details of these are not considered to be relevant to this application.
Patrick Parish Commissioners have made no comment on this application. The Highways Division does not object to this application. The owners/occupiers of Ballavargher Cottages, Patrick Road object to this application stating that they believe that this section of Patrick Road has been "badly overbuilt" but retains its rural aspect. It is felt that this would be lost if the scheme proposed were permitted. Additional concerns regarding parking are also raised.
The owner/occupier of 33 Ballaquark, Douglas states that the parking seems to be inadequate.
Kaz Ryzner Associates have submitted a letter on behalf of the owners/occupiers of Kionslieu, Patrick Road object to this application stating that the development would result in a cramped form of development for both the existing and proposed dwelling, would impact upon neighbouring properties, would have insufficient parking and would not comply with Policy RES/P/5 of the St Johns Local Plan, General Policy 2 and the Parking Standards set out within the Strategic Plan.
The Manx Electricity Authority has provided an advisory note regarding the supply of electricity to the site.
The main issues to assess in the determination of this application are the principle of development, the impact of the proposal upon amenity of adjacent properties, the impact of the proposal upon the surrounding area and highway safety.
Principle of development. The site is within an area set out by the St Johns Local Plan as being residential use. Policy RES/P/5 of the Local Plan states: "With the exception of appropriate extensions and alterations to existing property which will generally be acceptable, outside of development areas 1,2,4,5 and 6 new residential development will only be approved where this complies with Planning Circulars 1/88, 3/88 and 3/89."
However, Paragraph 2.18 which precedes this policy states: "In addition to the infill sites selected for further residential development, it is recognised that other opportunities may exist for additional residential development within existing developed areas either in the form of additions to existing dwellings or the erection of new dwellings. The appropriateness of such development should be judged on individual merit and backland development should generally be avoided."
There would seem to be a conflict between the wording of the policy and paragraph 2.18. It is however clear that proposals within existing developed areas are to be "judged on individual merit". It is considered that the overall intention of the Plan is to allow for development in certain identified areas whilst also making provision for smaller infill sites to be developed. The objective would seem to be to prevent the development of areas beyond the extents of the village's existing built form in order to protect the rural character of St Johns. It is judged that as the site is surrounded on three sides by existing development, it represents an infill site and accordingly a proposal for a new dwelling is, in principle, acceptable.
Impacts upon the amenity of adjacent properties The proposed dwelling would be immediately adjacent to the existing dwelling, Kerrokell, which is owned by the applicant. However it has been designed to be set 4 metres away from the side elevation of that property and would have no windows in the elevation facing onto Kerrowkeil.
The properties located to the north of the site are a distance of no less than 20 metres from the proposed dwelling (this is the distance measured from the rear outlet of the proposed dwelling and the closest wall of Kionslieu. The building has been designed to have a low ridge and no first floor windows to its rear elevation. The roof lights proposed in the rear slope of the roof would serve bathrooms and dressing rooms which are not judged to be habitable and in any case the angle of the roof would not allow overlooking to the rear. It is judged that the amenity of the properties to the north would be adequately protected by the proposal.
Impact upon the surrounding area.
The site is currently part of the garden of Kerrokeil and the construction of a dwelling on the land would obviously change the existing streetscene. The loss of the existing Ash tree would be unfortunate however the planting of 7 Birch trees in combination with the introduction of an Oak tree (already planted) close to where the Ash tree is positioned would, in time, mitigate this loss. It is judged that on balance the loss of the tree does not render the proposal unacceptable.
The traditional design of the proposed dwelling is considered to be in-keeping, having a form which echoes that of Kerrowkeil. It is concluded that the dwelling would make a positive contribution to the streetscene.
Highway Safety The dwelling would be provided with 2 off-street car parking spaces (the required standard for a residential dwelling) and a turning area which accords with the requirements of the Highways Division and Appendix 7 of the Strategic Plan. The access to be created from Patrick Road would be provided with visibility in both directions of 54 metres which is also acceptable to the Highways Authority.
Taking into account all of the above factors it is concluded that the proposed development is acceptable and that planning permission should be granted.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Patrick Parish Commissioners Kaz Ryzner Associates have submitted a letter on behalf of the owners/occupiers of Kionslieu, Patrick Road The owners/occupiers of Ballavargher Cottages, Patrick Road Accordingly the following parties are not granted Interested Party Status: The owner/occupier of 33 Ballaquark, Douglas Manx Electricity Authority 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: 21.12.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 21 December 2010 10 / 01632 / B
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the construction of a dwelling on land adjacent to Kerrowkeil, Patrick Road, St Johns Patrick as shown by Drg 01, Drg 02, Drg 03, Solar Tile Detail and Planning Statement received 2nd November 2010.
C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, 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 accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : Signed : Senior Planning Officer
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