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Application No.: 13/91367/B Applicant: Hartford Homes Ltd Proposal: Erection of twelve detached dwellings with associated garages and associated infrastructure Site Address: Vacant land at Bradda View Ballakillowey Colby Isle of Man Case Officer : Miss S E Corlett Photo Taken: 13.02.2014 Site Visit: 13.02.2014 Expected Decision Level: Planning Committee
The Planning Committee initially indicated at its meeting of 17th March, 2014 that it was minded to approve the application subject to a legal agreement being in place to secure the provision of affordable housing and public open space which was not provided on the application site. These agreements are now in place which provide for the payment of a commuted sum to DHSC (Department of Health and Social Care) on the completion of the fourth, eighth and twelfth houses in the development such that affordable housing may be delivered, either on the alternative site referred to in the report on on another site, and that public open space commensurate with that required by the development will be provided on an alternative site when the seventh dwelling is complete or occupied. The Planning Committee approved the application on this basis at its meeting of 29th September, 2014.
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS A REQUIREMENT FOR A LEGAL AGREEMENT FOR THE PROVISION OF AFFORDABLE HOUSING AND PUBLIC OPEN SPACE
1.1 The site is an area of a hectare (2.5 acres) which lies at the eastern end of Bradda View within the housing development known as Ballakillowey which lies to the east of the A36 Sloc Road. The land slopes downward by around 10.5m over 150m. The site has around it existing residential development in varying densities: to the west is Bradda View, a development of single and two storey detached dwellings of a similar style at a density of approximately 3.3 dwellings per acre. To the north and east of the site are bungalows of very varying density and size. To the south east of the site is a cul de sac known as Ballakeyll - a group of twelve properties which are single storey, split level and part two stored detached dwellings. Ballakeyll rises up from the Main A7 highway towards the site. Numbers 7 and 8 which back onto the site are largely two storey dwellings. To the south of the site is the curtilage of Greenacres, a large house set in substantial wooded grounds. - 1.2 There are trees and shrubs around the perimeter of the site. A watercourse runs down the western edge of the site. THE PROPOSAL
2.1 Proposed is a residential development of twelve houses. They are all detached and take the form of four different house types, each a different size but with common detailing and finishes. There is to be a four bedroom dwelling, the Cambridge, with projecting half cedar
3.1 The site lies within an area of Proposed Residential on the Area Plan for the South of
3.2 Also, the provisions of the Strategic Plan are applicable as follows:
4.1 Previous planning applications for this site include
REPRESENTATIONS
5.1 There are objections from a number of local residents who object to the number of dwellings on the site with the resultant visual impact and creation of traffic: 2, 6, 8, 9, 10, 12, 13, 15, 17, Bradda View
5.2 In addition, the owner of Greenacres indicates that the site is incorrectly defined and includes land which is in his ownership, there should be a tree protection plan and the provisions for dealing with surface water are inadequate. - 5.3 The owner of 7, Bradda View considers that there is not an accurate tree survey and proposes to fell too many trees, there is no provision for non-motorised transport, pedestrian or cycling links, no pavements, the road is narrow and unlit and there is no community public space. - 5.4 Rushen Parish Commissioners do not object to the application but express concern that the public should not have to fund the maintenance of the sewage pumping station if its construction is not to adoptable standards, that the public should not have to fund the maintenance of the block paved road, streetlighting should be LED energy saving lights and they wonder whether it is acceptable to have the affordable housing provided within another development which is in a different parish. - 5.5 The owner of 8, Ballakeyll expresses concern that no reference is made in the application to the gas main running up the north side of the stream and considers that the existing drain will not be able to cope with increased water run off. - 5.6 The owner of 7, Ballakeyll considers that the dwelling on plot 8 will be much higher than their property and as such they will be overpowered and overlooked by this proposed dwelling as well as that on plot 9. They are also concerned about the drainage particularly of surface water from the site. - 5.7 The owner of 7, Bradda View also expresses concern about the need to provide adequate car parking and suggests that additional car parking space should be provided within the site. He also expreses concern about the need to be able to accommodate oil delivery tankers and storage tanks.
5.7 Manx Electricity Authority seek consultation about existing and proposed electricity supplies.
5.8 DEFA have no objection to the principle of the development and note the inclusion of a bat survey within the application. In order to protect known bat roosts they recommend the avoidance of light spillage into the woodland at the southern edge of the site. They have discussed this with the applicant who has not yet devised a lighting scheme and notes that whilst pipistrelles might tolerate some lighting, the slower flying brown long eared bats probably would not. They recommend that the relatively low density of development may help mitigate the impact of the development on this species. - 5.9 The owners of 11, Bradda View object to the application on similar grounds to the other residents of Bradda View and also considers that the "single garages and short single width drives" which they consider inadequate to accommodate the vehicles which will be generated by the development. They also comment on the accuracy of the plans in terms of their boundary and also certain trees. - 5.10 The owners of Thalassa, Christeens Way which abuts the site to the north east, objects to the application on the basis that the houses on plots 3, 4 and 5 will intrude upon their privacy and two storey dwellings on these plots would "dwarf" their single storey property. They suggest that turning the proposed dwelling on plot 5 may preserve some of their privacy. They feel that the development pays little regard to the type of development to the east of the site and they also express concern at the use of soakaways and the impact that may have on existing flooding issues. They would like to see the protection of the boundary hedge which accommodates bumble bees and that care is taken in respect of their existing trees on the boundary bank. - 5.11 Department of Social Care Housing Division states that there is a continued need for affordable housing in the south of the Island and accept that the affordable units generated by this development could be provided on another nearby site, controlled by a legal agreement. - 5.12 Highways Division indicate that the garages on plots 1, 3, 4, 5, 6, 7, 10 and 11 do not meet Manx Roads standards but raise no objection as two alternative off street spaces have been provided. - 5.13 Isle of Man Water and Sewerage Authority indicate that the development must be connected to the main foul sewer in a manner acceptable to them (which is a matter for the Sewerage Act not the planning decision notice) and that there must be no discharge of water to the main foul sewer (none is proposed in the application). They also provide guidance in relation to the Land Drainage Act 1934 and adoption of the proposed sewers, all of which are matters for IOMWSA legislation and not the planning notice.
6.1 Whilst previous applications for residential development on this site have been refused for reasons relating to density, it is important to consider that these conclusions were reached when the prevailing development plan was the Arbory and East Rushen Local Plan which did not prescribe a density of development for this site, but included an estimate of the number of houses to be provided on each development site within the plan area, and for this site, the number was five. This was taken by the inspectors to be the prescription for the appropriate level of development for the site and the applications were refused principally on this basis.
6.2 Since then, the Strategic Plan and the Area Plan for the South have been introduced which supersede the provisions of the previous local plan. In this respect it is relevant that the Strategic Plan encourages the optimum use of unused land and directs development to existing settlements. Whilst Ballakillowey is not a settlement listed in the Strategic Plan, by virtue of it not having any local amenities - church, school, amenity areas, recreation space, it is indicated in the Southern Area Plan as being a site suitable for residential development by
virtue of the development brief included. As such, it is not considered appropriate to insist that the previous reference to density be required now and that as stated in the development brief in the Southern Area Plan, the development should comprise a mix of dwelling types and that the size, orientation and proximity of the new dwellings would not detract from the residential environment and amenity of existing neighbouring dwellings to an unacceptable extent. Whilst "a mix of dwellings types" could be interpreted as meaning a mixture of semidetached, terraced and detached houses and a variety of tenure types, bearing in mind the almost exclusivity of detached, private houses in the vicinity of the site, it is not considered that "mix" was intended to convey anything other than a variety of sizes and finishes.
6.3 The density of the development will have an impact on the surrounding properties in terms of the amount of traffic coming to and going from the site and this will affect the residents of Bradda View particularly, and also the visual impact of a greater number of dwellings which will be seen from the adjacent properties and potentially a greater number of people living and being active within each plot. It should be remembered, however, that were the density to be lower, the size of each dwelling is likely to be greater (see PA 09/00908). There has also never been an indication in any of the previous decisions that any of the proposed dwellings should be single storey to reflect the housing style to the east of the site. it is also relevant that the inspector considering the 12 dwellings proposed in PA 05/92421 states that "the proposed 12 dwellings per hectare is not unduly high by current standards in England" but refuses the application on the basis, inter alia, that the Local Plan "is specific in allocating an estimated 5 dwellings to the site and stating that the density and style of development shall be in keeping with existing residential development adjoining the site" and specifically considers that this should be judged in terms of Bradda View, not the wider environment of the whole of Ballakillowey. - 6.4 In this respect he makes specific comments about what he considers "minimal space" between some of the dwellings and the gable ended roofs and notes that the development will really only be seen from the approach from Bradda View rather than a more general public view. He does not make any other comment about any adverse impact on infrastructure. In respect of the appearance of the development, it is important to remember that not only is the development at the end of Braddan View which constitutes a development of very similar housing styles, but also that it is surrounded by very different styles of housing to the north, east and south. As such, whilst the development will only be seen from the public highway to the west and therefore when the viewer has passed through a homogeneous development, it does mark the transition between the Bradda View architecture and the different styles of housing beyond. To assist this transition, it would be helpful if some of the houses did have hipped roofs to visually tie in with the Bradda View housing and this can be dealt with by way of a condition. The applicant has indicated that the design of the various house types means that only some of the dwellings could easily accommodate a hipped roof and as such has indicated that the dwellings on plots 4 and 12, which are the house types which could most easily accommodate a hipped roof and which are at the entrance to the site, and thus, most easily visible from Bradda View, could be adapted in this respect. - 6.5 In terms of recreation facilities, the Strategic Plan includes a requirement for Public Open Space to be provided in developments of ten dwellings or more, which includes three types of open space - children's play, amenity and formal recreational facilities. In respect of the last, the Area Plan for the South helpfully identifies the type of formal space which is required in the south - tennis courts, bowls facilities, an indoor swimming pool, multi activity sports hall, health and fitness facilities, grass pitches and a golf course (paragraph 8.6.1). None of these facilities would be well placed within the application site for reasons relating to the size and slope of the site and the accessibility through a residential estate. The other land referred to in the applicant's ownership at Colby is large enough and well placed for some of the facilities
considered that the formal element of the Public Open Space requirement for the development need not be met on this site.
6.6 Similarly, for the smaller scale Public Open Space, the amount of this which would be required by the number of houses proposed would be equivalent to one of the rear gardens of the proposed properties. Bearing in mind that any public open space would be used mainly by those within the proposed development, which already have their own private gardens of equivalent size, siting and nature, it does not appear that the provision of Public Open Space in this case is an essential part of a successful development. Furthermore, the Ballakillowey estate does not have any other Public Open Space within it and as such, the provision in this case would not only be unusual but also such Public Open Space could be used as the sole area of such space for the entire estate, for which it would be inadequate in terms of size and inappropriate in terms of siting and access. As such, in this case it is considered that the provision of Public Open Space should be referred to another site and the applicant has indicated that they are responsible for a development site in Colby which is better suited for such provision. - 6.7 The development brief contained within the Area Plan is highly relevant. This requires that any application is accompanied by a design statement, a tree survey, a bat survey and measures to indicate how existing trees to be retained will be protected during the course of construction. The application contains all of this. The advice of the Isle of Man Water and Sewerage Authority has also been sought as required. The only part of the development brief which is not completely satisfied is the provision of a public footpath through the site to Odin's Way or Carrick Bay View which the development brief says should be considered. The applicant has considered this but has struggled to design such a link which would join an existing public right of way on the other side of the site. Whilst connectivity and accessibility is an important element in residential estate design, to promote walking and cycling and social interaction. However, in this case the provision of a cycleway or footway through the site would simply result in a strip of land being reserved with no obvious use or function as it cannot link in to anything either presently or in the foreseeable future. The scheme makes provision for the setting aside of a strip of land between plots 5 and 6 for a wayleave for access to the MEA substation to the east of the site. - 6.8 In summary, whilst there are concerns that the development is too dense and incorporates too great a number of dwellings, consideration must be given to the development brief in the Area Plan which specifically omits any reference to density or house numbers and simply requires that there is a mix of dwelling types and that a design statement must be included with any application to demonstrate that the size, orientation and proximity of the new dwellings, would not detract from the residential environment and amenity of existing neighbouring dwellings to an unacceptable extent. - 6.9 The development statement accompanying the application explains how the objective is to create a sustainable development which is a pleasant place to live as well as addressing the aspirations of the current house buyer and also to address the particular constraints and opportunities that this site presents. The Landscaping Statement continues to explain how the planting will help to screen the proposed dwellings from the view from neighbouring property. - 6.10 It is not considered that the number of dwellings will result in what appears as an overly dense development or one which looks out of place in the area, despite proposing house types and finishes which are different from those of the surrounding properties. The designs and finishes of the dwellings in Ballakeyll, Bradda View and Odin's Way and its cul de sacs are all very different from each other and conforming with the design principles of one is likely to conflict with those of the others. It is considered that with the provision of hipped roofs on the houses on plots 4 and 12, what is proposed will fit visually into its environment as well as providing sustainable and desirable housing at a density which addresses Strategic Policy 1.
6.11 There have been detailed issues which have arisen in respect of individual trees on plot 11 and the applicant has considered these and now proposes that the tree shown (T52) will not be affected by the development and that they no longer propose to remove T51, which was originally proposed to be remove to improve light to the neighbours' property.
7.1 The local authority, Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. - 7.3 The Department of Social Care, IOMWSA and Department of Environment, Food and Agriculture are granted party status by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) c. - 7.4 MEA does not raise material planning considerations and should not be afforded party status in this case. - 7.5 All of those who have written in on the application live either physically adjacent to the site itself or the access into the site and as such should be afforded party status, that is the owners of the following property:
2, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 17, Bradda View, 7 and 8, Ballakeyll Thalassa, Christeens Way Greenacres, Ballagawne Road.
Recommendation
Recommended Decision: Permitted
Date of Recommendation:
17.02.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
This approval relates to drawings 100-01, 100-02, 102-01, 102-02, 103, 101, 01F, 02, 02D 03 and 10 received on 19th November, 2013 and 002B, 003B, and 004B received on 6th January,
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Signed : S E Corlett Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
NO
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