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| Application No.: | 13/91275/A |
| Applicant: | Mr Richard Easey |
| Proposal: | Approval in principle for to divide current residential plot into two separate plots and erection of a new dwelling on newly created plot accessed via existing driveway |
| Site Address: | The Old Rectory Station Road Ballaugh Isle Of Man IM7 5AH |
| Case Officer: Miss Melissa McKnight | |
| Photo Taken: 26.11.2013 | |
| Site Visit: 26.11.2013 | |
| Expected Decision Level: | Officer Delegation |
1.1 This application seeks approval in principle for the division of one established plot into two separate plots with the erection of a dwelling on the newly proposed plot which would be accessed via an existing driveway.
2.1 The application site represents a parcel of land currently used as a garden located to the north of The Old Rectory on the north eastern/ eastern side of Station Road in Ballaugh.
2.2 The application site is bounded by walling and hedging to the west elevation, trees to the northern and north eastern side. There is no boundary between the application site and The Old Rectory.
3.1 As previously mentioned this current planning application seeks approval for the division of the current plot serving The Old Rectory into two separate plots with the erection of a new dwelling on the newly created proposed plot. The new dwelling would be accessed by an existing access which would become shared with The Old Rectory.
3.2 The plan also shows indicative building lines where the front and rear elevations of the new dwelling would sit. The new proposed dwelling as indicated centrally placed would be 10.5 metres from The Old Rectory and 15 metres The Glebe House; located south east of the application site.
3.3 The two sites would be bounded by a hedge boundary.
4.1 The Old Rectory has been the subject of seven previous planning applications, all of which are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed:
PA 00/00202/B: Erection of summer house. This previous planning application was permitted. PA 98/01096/B: Erection of a garden shed and cladding of two sections of wall at rear of dwelling with Manx stone. This previous planning application was permitted.
PA 95/01831/A: Approval in principle for conversion of private dwelling into old peoples sheltered accommodation. This previous planning application was refused on the grounds that the level and appearance of the of car parking area would be detrimental to the setting of this attractive and prominent building and the erection of additional sheltered accommodation units within the grounds of The Old Rectory
PA 94/00914/B: Change of use of building used for storage to ancillary living accommodation. This previous planning application was approved.
PA 91/01226/C: Change of use from storage building to residential. This previous planning application was refused on the grounds that the existing building on site had permission only as a temporary structure for storage purposes during construction for the adjacent dwelling and must have been removed on completion and the building was set on an unacceptable building line for residential purposes which was concluded to be visually intrusive to the highway, and considered to be wholly inappropriate as a permanent structure for a private residence in this locale.
PA 88/01576/B: Rebuilding of bay window to South-West elevation. This previous planning application was permitted.
PA 87/01086/B: Extension to form garage, lobby and W.C., and internal alterations. This previous planning application was permitted.
5.1 The application site is located within an area that is designated as being Predominantly Residential under the 1982 Isle of Man Development Plan. 5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically material to the assessment of this current planning application:
Strategic Policy 1 states: "Development should make the best use of resources by:
Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
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:
Housing Policy 4 states: "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:
Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
Appendix 7 sets out the parking standards for different types of development. For typical residential: "2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."
6.1 Ballaugh Parish Commissioners have no objection to the current planning application.
6.2 The Department of Infrastructure Highways Division does not oppose the current planning application. 6.3 The Manx Electricity Authority (M.E.A.) has made a representation requesting that the applicant contacts the M.E.A. to discuss the electricity supply for this application. 6.4 The Isle of Man Newspapers wish to register an interest in the current planning application with no grounds cited. 6.5 The owners and/or occupiers of No. 9 Glebe Aalin wish to object against the planning application on the grounds that the new dwelling would be harmful to the character and appearance of Ballaugh, the proposal would be overbearing and would limit the outlook the green, result in the loss of light on The Old Rectory, loss of green space, over residential development and the possible loss of trees. Contained within the letter of objection are suggestions of the finish of the proposed dwelling.
7.1 The key issue to be assessed in the determination of this application is whether the principle of developing the land by erecting a dwelling on it is acceptable. This requires a number of matters to be assessed including whether the site can be accessed in a safe manner, whether adjacent properties would be adversely affected so as to warrant refusal and whether the loss of garden area would undermine the residential amenity of the local residents of The Old Rectory. 7.2 The application site is in an area designated as predominantly residential by the relevant Area Plan and therefore the principle for residential development is deemed acceptable. Whilst the application site appears to form part of the garden of The Old Rectory, there would remain a sufficient amount of land associated with the existing and the new proposed property as to provide a satisfactory level of amenity for both dwellings. 7.3 In addition, Housing Policy 4 states that new housing will primarily be located within the Island's existing towns and villages. The proposed new dwelling would form part of a group of residential properties along with being located approximately than 40+ metres south west of an established housing estate and 10+ metres east from another established housing estate. 7.4 The development of the application site with a new dwelling would without doubt change the appearance of the street scene. The erection of a new dwelling would be visible from Station Road, nonetheless whilst the proposal would alter the appearance of the surrounding area and street scene, it is not considered to be of a scale to cause unacceptable harm to the character of the area so as to warrant refusal. In addition, the erection of a new dwelling would not be out of keeping within the immediate locality given the existing density of housing and established residential areas. 7.5 With regards to the objection made by No. 9 Glebe Aalin, the proposed footprint of the dwelling details an illustration of where the dwelling could be positioned. As shown, the position demonstrated would not impact upon the trees to the north or north east of the site that make up these respective boundaries. In addition, it has been stated on DRAWING No 02 REV B that no trees are to be affected by the proposed works. Should the application be permitted then a condition can be placed on the approval requiring a drawing detailing the full landscaping of the site with the canopy spread of the trees that are within the site and in proximity of the proposed dwelling be submitted with the Reserved Matters application. 7.6 It is considered that the most notable affected properties as a result of the proposed development would be The Old Rectory and The Glebe House. As demonstrated by the
illustrative drawing a plot this size can adequately accommodate a dwelling. As shown on DRAWING No 02 REV B The Glebe House would be located 15 metres from the illustrative position of the dwelling. There are windows in the rear of The Glebe House and the proposed development would be visible however there is also 15 metres between The Old Rectory and The Glebe House and a site visit to the area did not immediately identify any foreseeable future issues that a distance of 15 metres between dwellings could generate. In addition, the position of the dwelling as illustrated would not give rise to overlooking as the rear windows would directly face the existing rear north eastern tree boundary. 7.7 The Old Rectory is located 10.5 metres from the shown position of a potential dwelling and there would be a hedge boundary proposed between the two dwellings. As the full details of the proposed dwelling are not considered at this stage it is not known whether there would be windows installed on the south eastern elevation of the proposed dwelling; this is where the greatest level of overlooking would occur, this can be adequately considered and controlled at the reserved matters stage 7.8 The illustrative position of the new dwelling shows that it is possible to site a dwelling that would be acceptable in terms of the outlook from The Old Rectory. Given that the proposed dwelling would be set further back than the adjacent property, views of the proposed dwelling would not be direct and the dwelling would not appear overbearing given the location. 7.9 Access to the site is shown from the existing access that serves The Old Rectory. The existing access has a width of 3 metres extending to 8.5 metres at is longest width. The Old Rectory has a further access located 42.5 metres south east of the proposed new shared access. The proposed new access would have a width of 4.1 metres which is considered suffice to provide an access for two vehicles. It has also been demonstrated that visibility splays of metres can be achieved. Therefore the principle of the erection of one single dwelling on the site is not considered to have an impact on Highway safety and it can be demonstrated that the site can be accessed safely. 7.10 In addition to the above, the site is large enough to provide a sufficient amount of offstreet car parking for both vehicles and therefore is in compliance with Transport Policy 4 and 7 of the Isle of Man Strategic Plan 2007. 7.11 The position of the dwelling as shown on DRAWING No 02 REV B is subject to change, the shown position is to be used for illustrative purposes only. As with many approval in principle applications, detailed matters of siting, design, external appearance of the building, internal layout, means of access and landscaping of the site would be judged as and when a reserved matters application is submitted to the Department for consideration.
8.1 Overall, it is concluded that the planning application is in accordance with Strategic Policy 1, Strategic Policy 2, General Policy 2, Housing Policy 4 and Transport Policy 4 of the Isle of Man Strategic Plan 2007. 8.2 It is recommended that the planning application be permitted.
8.1 The local authority, Ballaugh Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No. 2) Order 2013, paragraph 6 (5)(e), considered "interested persons" and as such should be afforded party status.
8.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No. 2) Order 2013 paragraph 6 (4) (d). 8.3 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Manx Electricity Authority The owners and/or occupiers of No. 9 Glebe Aalin, located 100+ metres north of the application site.
The Isle of Man Newspapers
Recommended Decision: Permitted
Date of 14.01.2014
Recommendation:
C 1. Approval of the details of siting, design, external appearance of the building, internal layout, 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 is in principle only and relates to the erection of one dwelling within the land defined by the red line on Location Site Plan received on 16th December 2013.
C 5. The application for the reserved matters must demonstrate that two off street parking spaces are provided in accordance with the Isle of Man Strategic Plan 2007.
C 6. The application for Reserved Matters must include a full landscaping scheme of the site including the canopy spread of the existing trees on the site.
C 7. The application for Reserved Matters must include a scheme which demonstrates how trees on the site are to be protected during construction works. The scheme must include a drawing which shows how tree roots are to be protected and development must take place only in accordance with the approved scheme of protection.
C 8. There must be no glazing installed on the south eastern elevation.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager
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