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Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level : Officer Delegation
1.1 The site is an area within the Clagh Vane residential estate which lies on the northern side of the A5 public highway. The site was recently being used as a builders' compound associated with the various redevelopments which have been undertaken at Clagh Vane by the Government (Clagh Vane is in the most part public sector housing as well as a Government primary school) but was formerly a 2435 sq m of grassed open space and of this around 380 sq m was used as a playground.
1.2 The site has an area of around 40m by 95m and has Malew Football Club grounds to the north east, public sector housing to the north west and south west and to the south east lies Oatfield Rise, a street of privately owned dwellings. Access to the site is from the main Clagh Vane estate and in between numbers 1-6 Kennish Terrace and 81, Clagh Vane.
1.3 Following discussion with the planning officer, the site definition has been amended to include numbers 69, 71, 73, 75 and 77, Clagh Vane - an area of around 1783 sq m.
2.1 Proposed now is the residential development of the area for housing, parking and an area of public open space. There is to be around 420 sq m of public open space, eight dwellings, each three bedroomed and in the form of two terraces of four two storey units. The elevations are to be simple and traditionally proportioned with slate grey roof tiles with solar panels to produce hot water for the properties, the walls are to be finished in self coloured render (either smooth or dashed).
2.2 Each dwelling is to have a front and rear garden and parking spaces, two per dwelling in front of the dwellings separated from the gardens by a planted area. Additional car parking spaces, 30, are to be provided around the outside of the site. These spaces are to accommodate vehicles which are parked in the area, generated in the main by those visiting the football club on match days.
2.3 The application also includes the potential future provision for replacement public open space where 69 - 75 Clagh Vane is shown amounting to around 1783 sq m in addition to the 420 sq m proposed in the application, to make up for the loss of the overall area of 2435 sq m which was previously on the application site.
| Application No.: | 13/91443/B |
| Applicant: | Department Of Social Care (Housing Division) |
| Proposal: | Erection of eight terraced dwellings, parking provision, landscaping and a children's playground |
| Site Address: | Area Of Land Adjacent To Malew Football Club, Crossag Close And Kinnish Terrace Ballasalla Isle Of Man |
3.1 The site lies within an area of residential use on the Southern Area Plan of 2013. Clagh Vane is referred to in a number of parts of the Plan reflecting the significant regeneration work which has been undertaken and which is on-going within the estate, to regenerate and improve the residential properties. The regeneration has had to involve a rolling programme or decanting people from properties which are to be redeveloped into existing or new properties and has also involved the use of this part of open space as a builders' compound. The site is not identified as POS but there is reference in the audit of Community Facilities (as at June 2012) to Clagh Vane Park as a community recreation facility. 3.2 As such, the principle of developing this site for residential purposes is acceptable and subject to the provisions of General Policy 2 which set out principles of good development:
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 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; I) 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."
Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space, or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available, and; b) b) where there would be a overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area." 3.4 Whilst Recreation Policy 3 requires that, "new residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with
standards specified in Appendix 6 to the Plan" as the scheme proposes only 8 dwellings, no additional public open space is required under this policy. 3.5 Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more".
4.1 The estate in general has been the subject of a number of applications for regeneration and improvement, none of which is considered relevant in the consideration of this application. None has provided significant additional areas of Public Open Space.
5.1 Malew Parish Commissioners initially objected to the application on the basis that no provision is being made for replacement open space and the proposed playground is considerably smaller than the existing. However, following the submission of the amended plans, they no longer object but require that the POS is provided prior to the occupation of the last dwelling approved in this application. 5.2 Department of Social Care confirm that the application will result in 100\% affordable housing. 5.3 Manx Electricity Authority seek consultation regarding the provision of electricity to the new properties and in relation to existing electricity supplies.
6.1 There are two key issues to consider in this case. Firstly whether the proposed dwellings and their parking, access and landscaping accord with the provisions of General Policy 2. Secondly, it is critical to consider whether the proposal complies with the provisions of Recreation Policy 2 and if not, whether there is justification for setting aside this policy. 6.2 In respect of the first point, the dwellings are traditional in character and simple in form and will fit comfortably into the streetscene. Each of the dwellings will have comfortably sized front and rear gardens and two parking spaces available in front of the properties with additional spaces available for visitors and other properties in the vicinity which don't have sufficient parking as well as catering for overspill parking generated by the use of the football club. As such, the proposed dwellings are considered to be acceptable and in accordance with General Policy 2 of the Strategic Plan. 6.3 In respect of the loss of open space, the applicant has responded to the objection raised by Malew Parish Commissioners by reiterating that the open space will be replaced through the redevelopment enabled by the development of the application site. They stress that the redevelopment of the horseshoe section of the estate - 1-6, Kinnish Terrace, 2-44 (even numbers) and 41-79 (odd numbers), Clagh Vane is dependent upon having the 8 dwellings into which existing occupants of the horseshoe will be decanted and it is their intention to create open space of an area similar to that being lost here within that redevelopment either by incorporating this into a redevelopment, or simply demolishing some of the existing houses in the horseshoe and providing the open space, if the wholescale redevelopment is not to take place for any reason. 6.4 The applicant indicates that they have sought consultations regarding the redevelopment of the estate and no objections were raised. They would wish to replace the playground as soon as possible. The play space incorporated into the application development is intended for pre-school/primary school aged children and provides 240 sq m of play surface and equipment in a landscaped and fenced setting with a total area of 420 sq m . In addition, a
further area of around 1783 sq m is to be provided through the demolition of adjacent housing. The previous play ground provided around 380 sq m of enclosed play space but within a wider area of 2435 sq m . 6.5 The applicant indicates that they will work with the local authority and residents to equip the play space as desired and to maximise the available space. They also note that the play space is impacted upon by the need to provide parking spaces for the football field and this should be taken into account when considering the views of the local authority. It is helpful that the applicant has indicated where the replacement public open space could be provided as simply leaving this to a future redevelopment of other parts of the estate without being sure exactly where, without having any secured planning or Treasury approval could not be taken as suficient to satisfy Recreation Policy 2. A condition could be attached to any approval requiring that "the area shown on plan reference 11A, currently accommodating numbers 69, 71, 73, 75 and 77, Clagh Vane, or equivalent approved by the Planning Authority, must be set out and available for use as Public Open Space within twelve months of the date of the first occupation of any of the dwellings hereby approved." This is not quite as required by the local authority but it is considered a reasonable requirement bearing in mind the need for the additional housing to be able to decant existing residents from housing which is to be redeveloped or improved and the time it may take to create the new area of POS. 6.6 The proposal represents a welcome part of the on-going refurbishment and improvement of Clagh Vane and with the security of the provision of alternative POS the application is considered to be acceptable.
7.1 The local authority, Malew 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 Manx Electricity Authority does not raise any material considerations and should not be afforded party status in this case.
Recommended Decision: Permitted
Date of 26.02.2014
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
The area shown on plan reference 11A, currently accommodating numbers 69, 71, 73, 75 and 77, Clagh Vane, or equivalent approved by the Planning Authority, must be set out and available for use as Public Open Space within twelve months of the date of the first occupation of any of the dwellings hereby approved.
This approval relates to the development of housing and associated public open space, parking and landscaping all as shown in drawings 12A and 11A both received on 24th January, 2014 and 01C, 07B, 06B, 04B, 6-200_P1, 6-202_P3, 05B, all received on 4th December, 2013.
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 : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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