Officer Report

Application No.: 14/01030/B Applicant: Mr Alan Kinrade & Mrs Rita Kinrade Proposal: Erection of a dwelling (relating to PA 13/91036/A) Site Address: Land Adjacent To Grianane Glen Auldyn Ramsey Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 16.09.2014 Site Visit: 16.09.2014 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE PLANNING HISTORY OF THE SITE AND AS THE PLANNING COMMITTEE CONSIDERED THE PREVIOUS APPLICATION ON THE SITE.

1.0 SITE - 1.1 The application relates to a parcel of land which currently forms part of the garden of "Grianane", which is a large detached bungalow set in spacious grounds to the east side of Glen Audlyn Road. Grianane forms part of the linear ribbon pattern of housing situated to either side of the main road through the village. The existing dwelling is set back some distance from the road behind a mature hedge lined with trees. There are neighbouring dwellings either side to the north and south. The main road from which both the existing dwelling and site are accessed is to the west. To the east and rear is woodland. The site is relatively flat and in the most part comprises lawn. There are some small trees within the site which will need to be removed.

2.0 PLANNING POLICIES - 2.1 The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being for Low Density Housing in Parkland. - 2.2 The following policies in the Isle of Man Strategic Plan 2007 are considered relevant: - 2.3 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:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

2.4 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; 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.'

2.5 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.' - 2.6 Circular 8/89 'low density housing in parkland' is relevant. It states: 'This Circular is issued by the Department of Local Government and the Environment in pursuance of the powers vested in it by Section 5 of the Town and Country Planning Act 1934 and Article 11

(2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982.

• i. There is, on the Development Plan, and on some of the new Local Plans, land designated as "Low Density Housing in Parkland" (LDHP). From time to time, prospective developers seek guidance as to what, in detail, is meant by such a designation. This Circular responds to those enquiries.
• ii. All trees within areas designated "low density housing in parkland" are deemed to be Registered by Part 4, paragraph 16 of the 1982 Development Plan Order.
• iii. Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.

• In the case of (a),

Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.

• In the case of (b), the erection of further dwellings will only be permitted in exceptional circumstances.'

• iv. Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-

• - buildings must be substantial, and designed and finished to the highest quality; and
• - each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Any specific policies included in the relevant Local Plan must also be observed. Satisfactory provision of services and access will of course also be required.'

• v. All applications for the development of such areas must include an accurate and complete survey showing existing ground levels and the position and branch-spread of all trees. It is recommended that, once this information is available, the applicant's Architect consult the Department's Planning Officers.'

3.0 PLANNING HISTORY - 3.1 The site has the following relevant history: - 3.2 13/91036/A - approval granted January 2014 for the Approval in Principle for the erection of a dwelling. A condition to that approval stated:

"C 4. There shall be no obstruction to visibility greater than 900 millimetres above adjoining road level forward of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending 23 metres in either direction. Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times."

3.3 00/02480/B - approval granted at appeal in 2001 for the erection of a dwelling. - 3.4 95/01316/B - approval granted in 1996 for a new vehicular access with improvements to the drive. - 3.5 92/01020/B - application refused for a new access. - 3.6 91/01677/A - approval in principle granted for the erection of a new dwelling. - 3.7 90/04017/A - approval in principle refused for the erection of three dwellings.

4.0 PROPOSAL - 4.1 The application seeks approval for the erection of a detached one and half storey dwelling and detached double garage. The proposed dwelling would be 'L-shaped' having a maximum width of 22 metres, a maximum depth of 17.7 metres and a ridge height of 7 metres. The dwelling would be finished in a painted render finish, including sections of untreated Cedar or similar timber boarding. No details have been submitted on roof finish.

5.0 REPRESENTATIONS - 5.1 Lezayre Parish Commissioners have no objection (received on 17.09.2014).

5.2 Highway Services initially objected (initial plans only - 17.09.14) on the following grounds: "This application was submitted in 2013 highways did not oppose. Additional information provided by the applicant identifies that an Ash Tree within the required visibility splay has not got permission to be removed. Therefore the visibility splays of 2.4 x 36 metres cannot be achieved without the removal of the tree."

It should be noted since the initial comments the roadside Ash Tree, not within the applicants control, has been removed by the adjacent landowner and the applicant has submitted amended plans which show this and visibility splays of 2 x 36 metres as required.

Due to this Highway Services no longer have an objection.

5.3 Manx Utilities make no comment on the merits of the application but ask for an information note be attached to any approval.

6.0 ASSESSMENT - 6.1 The initial consideration is whether the principle of development is acceptable. It is noted that the site is designated for low density housing in parkland/predominately residential use. Furthermore, a recent approval in principle for the site to be developed for a single residential dwelling was approved. Consequently the principle of developing the site for a single residential property is acceptable. The remaining issues relate to the 'appearance, landscaping, layout and scale', and their consequent impact upon neighbouring amenities such as any overlooking, loss of light and/or massing; and the potential visual impacts upon the amenities of the street scene. - 6.2 Regarding the size and design of the dwelling, it is first noted that the previous application acknowledged that the site was "on the cusp of land zoned for low density housing in parkland and existing housing in the 1982 Plan. It appears to be just within the zoning for low density housing." It was also accepted that; "the application indicates that the site area is in this case 0.26 ha (or 0.64 acres)." - 6.3 These points are particularly relevant for two reasons. Firstly, as noted by the previous application, the acreage is less than the 0.4 ha (1 acre) stipulated by the Circular 8/89. Secondly, the Circular also requires proposals in areas zoned for low density housing in parkland to be "substantial" and designed to the highest quality. Whilst the existing dwelling is not unattractive or of poor form, it is not considered that it would meet the requirements of Circular 8/89. - 6.4 Again, this aspect, especially in terms of size was considered during the last application where it was highlighted that; "the indicative layout shows a sizeable dwelling, albeit one which is not grandiose in scale. The finish and design of the new dwelling would be controlled at the reserved matters stage." - 6.5 Given these comments, the land designation being existing residential/low density housing in parkland and information provided at the Approval in Principle stage it has been accepted that any development on this site would not be able to meet the requirements of Circular 8/89. This is not considered to be a significant concern in this case, as it is considered such a dwelling would perhaps be out of keeping with the dwellings in the immediate vicinity. Grianane has particularly spacious grounds and it is a reasonably large property, in terms of its actual design it is rather modest and ordinary bungalow. Woodbank to the immediate west is a smaller bungalow again. The proposed dwelling would be similar to these neighbouring dwellings and would sit well between both. Arguably, to comply with Circular 8/89, a dwelling which would differ to the neighbouring properties would be required.

• Overall, whilst the proposal would not meet the requirements of Circular 8/89, it is considered the proposal is appropriate and in keeping with existing properties.
• 6.6 In terms of the potential impact upon neighbouring amenities, the property most likely to be affected would be Woodbank, which is at least 16.5 metres to the north-west of the proposed dwelling. The new dwelling is slightly angled away from Woodbank. Furthermore, there are no windows directly facing the neighbouring property. There is a "Juliet" balcony within the north elevation of the proposal serving an upper floor bedroom. However, any views would be angled and be approximately 19 metres from the rear elevation of Woodbank. Visiting the site, it was noted that there was mature landscaping along the northwest boundary of the site which would also reduce any overlooking and/or impact of the proposed dwelling. Overall it is considered that due to the design, size, position, boundary features and distance the dwelling would be to neighbouring properties there would be no significant impacts that would warrant a refusal.
• 6.7 Regarding the potential visual impacts upon the amenities of the street scene, the main aspect which will alter the street scene is the creation of the new access and alterations to the boundaries to provide the required visibility splays.
• 6.8 It should be noted the dwelling will have little visual impact upon the street scene given its positioning which is set back over 50 metres from the Glen Auldyn Road and given roadside landscaping and landscaping within the site.
• 6.9 The most significant visual impact resulting from the proposal is likely to be the formation of the new access off Glen Auldyn Road. At the moment, there is a bank with hedgerow and trees, which is typical of stretches of Glen Auldyn Road and very much forms part of its character. Initially it was proposed to create the access and provide the required visibility splays, would have required the removal of existing large (Ash) and medium sized trees, the removal of three smaller trees, and the lowering of the road side to accommodate the necessary visibility splay, required to make the new access safe.
• 6.10 Following the initial consideration of the application by the Planning Committee (meeting 8th December 2014), the application was deferred until comments from the Forestry Division (DEFA) had been received. The Forestry Division have objected to the tree being removed, indicating that :

"The large ash tree located on the roadside hedge close to where the proposed driveway meets the road should be retained.

Its size, shape and condition make it visually significant in the landscape. There are other options, one of which was identified in my letter of the 18th August, which could avoid the removal or disturbance of this tree.

The replacements suggested on the amended site plan (P01D) would not compensate for the loss of this tree…"

6.11 The Forestry Division have also confirmed that if planning approval is granted, which shows a tree to be removed, then the applicants can remove the tree without a tree felling notice. - 6.12 It is noted the comments by the Forestry Division and visiting the site it is also accepted the benefits to the visual amenity of the area the Ash tree has. Due to these concerns, the applicant has re-visited the design and position of the access and has provided a slightly altered position for the new access. This provides the required visibility splays, whilst also retaining the existing large Ash tree and retaining all of the existing trees along the

roadside boundary. Accordingly, it is considered the proposed new access would have little visual impact upon the street scene and would be a similar form of development found along the Glen Auldyn Road.

6.14 Regarding the required visibility splay the applicants can provide 2m x 36 m when looking to the right (north) and 2m x 23 metres when looking to the left (south). They are also proposing a traffic mirror on the highway verge opposite the new access to achieve a further visibility splay up to 36 metres. However, it should be noted the position of the traffic mirror would be within the visibility splay of the approved access which would service two dwellings approved under application 11/01598/B, but which have not yet been built. Highway Services have advised on this matter indicating that; "In principle the mirror can be located further back so that it does not hinder the visibility of the property opposite. If this is not possible, the applicant can always look at mounting the mirror on their own property and angling as such so they can see oncoming traffic." - 6.15 However it should be noted that Highway Services have advised that the minimum acceptable splays are 23 metres in both directions and therefore given the new proposal meets this requirement Highway Services have no objection in any event.

6.10 Overall, it is considered that the development contained within the proposal is appropriate and in keeping with the character of the street scene and neighbouring dwellings, with suitably limited impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity and is therefore in accordance with the IOM Development Plan Order 1982 and the relevant policies of the IOM Strategic Plan. - 7.0 RECOMMENDATION

7.1 It is recommended for an approval. - 8.0 PARTY STATUS

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, DEFA - Forestry Division and the Local Authority in whose district the land the subject of the application sits.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Manx Utilities - 9.0 SUPPLEMENTARY REPORT

9.1 At the meeting held on the 9th February 2015 the Planning Committee determined to approve the application subject to the proposed condition 6 being altered to read as follows:

• 6. No trees may be removed along the western boundary of the site, which fronts onto the Glen Auldyn Road without written approval of the Department. Reason: In the interests of visual amenities.

and the following condition 7 being added:

• 7. No site works or clearance shall be commenced until protective fences which conform

with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Recommendation Recommended Decision: Permitted Date of Recommendation:

22.01.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of the dwelling minimum visibility splays of 2m x 23 metres in a southern direction and 2m x 36 metres in a northern direction are required to be provided and retained thereafter as shown on drawing P 06. Reason: In the interests of highway safety
• C 3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the landscaping works should also include details of new tree planting adjacent to the new access. All further 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. Details of the hard landscaping works include footpaths and hard surfacing materials which should be dark in colour. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

• Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 4. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 6. No trees may be removed along the western boundary of the site, which fronts onto the Glen Auldyn Road without written approval of the Department. Reason: In the interests of visual amenities.

This approval relates to drawings reference numbers P01D, P03, P04 and P06 received on 2nd September 2014, 4th November 2014 and 8th January 2015.

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.

Decision Made : Approved Committee Meeting Date:…09.02.2015 Signed : C Balmer Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES see above