Planning Officer Report and Recommendation

Planning Officer Report And Recommendations {{table:352054}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE OBJECTION FROM THE LOCAL AUTHORITY.

The Application Site

1. The application site comprises a basically rectangular parcel of land located on the western side of Glen Auldyn Road, Lezayre. The site, which is currently undeveloped, is bounded by the Auldyn River along its north western boundary, an undeveloped plot of land along its north eastern boundary, Glen Auldyn Road along its south eastern boundary and an existing property called Riverside along its south western boundary.

The Proposal

1. The proposal comprises the erection of a dwelling on the application site. The proposed dwelling is a two storey dwelling, albeit with the upper floor of accommodation is within the roof space. It is therefore considered reasonable to describe the proposed dwelling as a dormer bungalow. The dwelling has a basic footprint of 12.0m by 17.6m. It has an eaves height of 2.4m and a ridge height of 7.6m. The proposed dwelling is set at least 12.4m back from the adjacent Auldyn River, it is set in 4.0m and 4.4m from the respective side boundaries. Vehicular access onto Glen Auldyn Road is centrally located within the site frontage and an area of hardstanding in front of the dwelling provides on-site parking for at least two cars and appropriate manoeuvring space. The proposal requires the felling of one tree.

1. The proposed development was amended during the course of the planning application to take account of flood risk issues within the site. This resulted in a change to the finished floor level and the provision of flood storage mitigation measures on site. The amended proposal was duly advertised and opportunity given for representations to be made.

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application.
2. 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:

• (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 spaces 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 unacceptable 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." 8. 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." Paragraph 6.2 references back to General Policy 2. 9. Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
• (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• (b) details of pollution and alleviation measures must be submitted;
• (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
• (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species." 10. Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." 11. Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Current parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2007. The standard for typical residential is 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

Representations

1. Lezayre Parish Commissioners object to the planning application. They question whether the land is zoned for development and feel that the proposed building is not in keeping with the surrounding properties. They also have concerns regarding the access from the property onto the road.
2. The Department of Infrastructure Highways Division do not oppose the planning application. In reaching this view they note that traffic data demonstrates that the tile of vehicles travelling northbound is 28 mph . The applicant has provided splays for 30 mph speed limit and no accidents have been recorded in this location.
3. The Department of Environment, Food and Agriculture Fisheries Division advise that they have discussed the proposal with the applicant and concluded that they have no concerns provided the developer considers installing sediments if they intend disturbing the river bank, that any works to the bed of the river are carried out only between July and September, and that the developer contacts them prior to the installation of the storm pipe.
4. The Isle of Man Water and Sewerage Authority initially raised concerns over potential flood risk issues. As highlighted earlier in this report this resulted in the amendment of the proposed development, with such amendment satisfying the identified issue.
5. The Manx Electricity Authority expresses an interest in the planning application. The contents of their representations relate to non planning considerations.
6. The owners and/or occupants of Rose Villa, which is located approximately 20 m northeast of the application site on the opposite side of the road, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is out of keeping with the surrounding development and that the new access is potentially dangerous.

Assessment

1. The first issue to consider is the basic principle and acceptability of the proposed development. As highlighted earlier in this report the application site is located within a wider area of land that is designated as predominantly residential use. As such, the general principle of residential development within an area of predominantly residential is considered to be acceptable and the main purpose of this planning application is to examine the site specific impacts of the proposed development. The key site specific issues to take into account are public amenity, private amenity, highway safety, the adjacent watercourse and flood risk.
2. The main consideration in respect of the impact on public amenity is the appearance of the proposed development within the relevant street scene. In terms of this it can be seen that residential development can be found on both sides of Glen Auldyn Road at various points along it. The form, massing and design of those existing dwellings varies significantly throughout and it cannot be said that there is one overriding style of dwelling. The proposal would not be out of keeping with this and the character of the street scene is not considered to be adversely affected by the proposed development. The loss of the tree is not significant enough to form sustainable grounds for opposition of the proposal. Overall, the impact of the proposal on public amenity is concluded to be acceptable.
3. Assessment of the impact on private amenity requires an examination of the effect on existing surrounding residential property and a consideration of the acceptability of the private amenity for the proposed development. In the first respect, the application site adjoins an existing residential property known as Riverside. However, given the respective distances between that existing and the proposed dwelling, and the layout of the proposal it is considered that the proposed development does not unduly affect private amenity. Other existing residential properties are positioned too far from the application site to be affected by the proposal. In the

second respect, the proposed development provides an appropriate level of amenity space to serve itself. As such, the impact of the proposal on private amenity is concluded to be acceptable.

1. The consideration of highway safety raises two issues; the acceptability of the proposed access onto Glen Auldyn Road and the acceptability of the car parking provision. In respect of the proposed access the Department of Infrastructure Highways Division have specifically considered the acceptability of the proposed access and do not oppose the proposal. As there is no evidence to contradict this conclusion the proposed access is concluded to be acceptable. As for the car parking provision it can be seen that there is more than sufficient on-site space for two cars and associated on-site manoeuvring in front of the dwelling together with a further space within the integral garage. As such, the proposed development meets the relevant requirements of Appendix 7 of the Isle of Man Strategic Plan 2007 and is therefore concluded to be acceptable.
2. Given the position of the application adjacent to the Glen Auldyn River it is necessary to consider the potential impact of development on this watercourse. In terms of this, as stated earlier in this report, the closest point that the proposed dwelling is to the watercourse is 12.4 m . That distance is significantly in excess of the 8 metres referred to within Environment Policy 7 and is considered to be sufficient distance to ensure that the watercourse would not be unduly harmed by the proposed development. That view is supported by the representation from the Department of Environment, Food and Agriculture Fisheries Division.
3. Also linked to the proximity of the watercourse is the consideration of flood risk. This has been recognised within the planning application and a flood risk assessment undertaken as part of the proposal. The proposed development was subsequently amended with the design taking account of the findings of the flood risk assessment. As such, the proposal is considered to satisfy the requirements of Environment Policy 10 and is acceptable in this respect.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Lezayre Parish Commissioners; The Department of Environment, Food and Agriculture Fisheries Division; and The Isle of Man Water and Sewerage Authority.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; The Manx Electricity Authority; and The owners and/or occupants of Rose Villa.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 07.05.2013

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

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 drawing no.s 11TS025-03-Sheet1 and 2.7205-00L date stamped the 21st January 2013 and drawing no.s 2.7205-102 rev. A, 2.7205-103 rev. B, 2.7205-104 rev. B and 2.7205-105 rev. A date stamped the 9th April 2013.

C 3. Prior to the commencement of development details of the on-site flood storage measures must be submitted and agreed in writing with the Planning Authority. The agreed measures must be installed prior to the occupation of the dwelling.

C 4. No works to the bed of the river associated to the implementation of the approved development shall be undertaken between the months of July and September (inclusive) in any one year.

C 5. Prior to the occupation of the dwelling vehicular access and associated visibility splays must be set out in accordance with drawing no.s 2.7205-105 rev. A date stamped the 9th April 2013. Thereafter the visibility splays must be maintained in accordance with the approved drawing.

N 1. The developer is advised to discuss and agree the on-site flood storage measures required to meet condition no. 3 with the Isle of Man Water and Sewerage Authority prior to submission to the Planning Authority.

N 2. The developer is advised that the Department of Environment, Food and Agriculture Fisheries Division recommends the installation of sediments where any works would disturb the river bank and request that they are contacted prior to the installation of the storm pipe.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: ................................. Committee Meeting Date : .................................

Signed : .................................................

Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO

Working of Condition No. 4 Amended As Agree.

Planning Committee Gave Rose Villa Interested Party Status.

PA13/00068/B Mr \& Mrs Ken White Erection of a dwelling with integral garage, Land Adjacent To Riverside Glen Auldyn Ramsey Isle Of Man IM7 2AD Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 25.01.2013, includes;

Flood Zones: Flood Zone Location: Sulby Return Period: