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Application No.: 15/00337/B Applicant: Heimdal Ltd Proposal: Erection of a dwelling Site Address: Land At Midway House Derbyhaven Castletown Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is a parcel of land which is currently part of the curtilage of Midway House but which it is proposed to separate to create a separate curtilage for a new dwelling to be positioned to the south of Midway. The proposed site is L-shaped and served by an access which already provides vehicular access to Midway and Gillscroft and the Derbyhaven pump station which lies between the latter two properties. The proposed site will run immediately to the rear of The Cottage, Sea Nook and Beachway. THE PROPOSAL - 2.1 The proposal is for "the proposal construction of a house keeper's dwelling at Midway House". However, as the site has its own curtilage, access and amenity space and would appear to have no reliance upon Midway House for anything, it was considered appropriate simply to describe the proposal as for the erection of a dwelling, which is effectively what it is. The dwelling is two storey, will accommodate three bedrooms a lounge, kitchen, dining room, breakfast area and hall with a cloakroom alongside the entrance hall. The dwelling as proposed originally would have faced north towards Midway House which is approximately 23m away at the closest points. The proposal has been amended to now propose the front elevation facing east with the frontage some 20m from the existing properties to the east. This elevation will have the entrance porch, kitchen and lounge windows on the ground floor and two bedroom windows and a hall/landing/stairway window on the first floor.
2.2 The southern elevation which faces a presently vacant area which has planning approval for a dwelling (PAs 12/00087/B and PA 15/00126/B) will have two ground floor windows which serve the kitchen and breakfast room. - 2.3 The elevation which faces the airfield will have first and ground floor windows serving a lounge, breakfast room and dining room and above two bedrooms and bathroom facilities. - 2.4 The northern elevation which looks towards Midway House will have a ground floor window serving the lounge and a first floor window serving bedroom one. The dwelling will be 7.8m tall. - 2.5 There appears to be a new area of vehicular access link between the existing access into Midway House and that serving the proposed new dwelling which is not currently in existence but this lies outwith the application site defined in red.
2.6 The access leads out onto the public highway. There is good visibility in both directions and traffic is generally moving quite slowly along here.
3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Existing Residential. The Plan provides further information about the Derbyhaven area at Appendix 4:
3.2 Whilst there may be some debate about the acceptability of the principle of an additional dwelling here, bearing in mind the provisions of Appendix 4 and the fact that planning approval has been granted for a dwelling on this site (see below) as such the principle of the erection of a dwelling here is no longer considered to be an issue. - 3.3 The general standards of development set out in General Policy 2 of the Strategic Plan are applicable in this case:
"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:
4.1 Of material relevance is a decision in 2012 which approved the erection of a dwelling on the adjacent site - PA 12/00087/B. This application was approved by the Planning Committee and the approval appealed by the owner of Midway House on the grounds that the principle of development
here was wrong as the site is not sustainable and the proposed dwelling would be higher than the Chapel Court houses and bigger than most other properties in the vicinity and be visually intrusive to those visiting Derbyhaven. He considered that the impact on the amenities of those in Midway House and Ballamoar would be adversely affected, even given that the separation distances would exceed the normal rule of thumb of 20m. The inspector found in September, 2012 that as the site is within an area designated as Residential and within the settlement boundary (as it still is) there was a presumption in favour of development here and the principle was acceptable. She considered that the development would be a rounding off or filling in of the settlement and would be generally secluded from public views. What was proposed would not be the highest or the only non-traditional dwelling. She concluded that the distance from the neighbouring properties would enable it not to be unacceptably dominant and the spacious setting of Midway House would allow the development to be accommodated without significantly affecting the amenities of that property. One of the conditions of approval was that all windows above ground floor level in the northern elevation of the property must be fitted with obscure glazing and permanently retained as such. Also required was a landscaping scheme.
4.2 A further application for a different house type on a slightly different footprint has been submitted. PA 15/00126/B and was approved by the Planning Committee and confirmed on appeal. In her report the inspector notes that , "The proposed dwelling would be about 8.5m from the garden of Midway House, and about 45m from the house itself. There would be 2 first floor windows on the north elevation facing towards Midway House; a shower window and a bedroom window. The applicant is willing to accept a condition that both of these are obscure-glazed. The bedroom window would not have to be totally obscure-glazed because it is a corner window that faces both north and east. Occupants on the bedroom would have a clear outlook from the eastfacing part of that window. Notwithstanding the appellant's claim that the nearest part of this garden is much enjoyed by his family, he has nevertheless submitted an application to put a new dwelling there. The application has not yet been determined, but to my mind, it indicates that he is not averse to having another dwelling, albeit a smaller one, much closer to his home than the one that is the subject of this appeal." (paragraphs 23 and 24) - 4.3 The approval is subject to a condition which requires all windows above ground floor level in the northern elevation should be obscure-glazed and permanently retained as such thereafter. Reason: to protect the living conditions of those living to the north of the site.
REPRESENTATIONS
5.1 Malew Parish Commissioners indicate that they do not object to the application (07.04.15).
5.2 The owner of Derbyhaven House, applicant for PA 15/00126/B for the erection of a dwelling on the land to the south west, believes that this application is a means to frustrate this own proposal and that the applications should be dealt with in order of application, ie his considered first (01.04.15). Having seen the amended plans, he would prefer the building to be orientated such that the dwelling at more of an angle to have the majority of the windows facing towards Midway House, or the first floor windows in the western elevation should be obscure glazed as he feels that the outlook from the north eastern elevation of his proposed dwelling would be compromised (21.08.15). - 5.3 Department of Infrastructure Highway Services indicate that they do not object to the application (30.07.15). - 5.4 Manx Utilities Authority seeks consultation regarding the provision of electricity supplies (06.05.15).
6.1 The principle of development is not considered to be objectionable here on the basis that the new dwelling alongside to the rear of Derbyhaven House was considered to be acceptable and in accordance with the land use designation, despite there being a statement in the Area Plan that no
new residential development was proposed. The issues are therefore whether the proposal complies with the provisions of General Policy 2 and in particular the impact on adjacent property - Midway House itself, the approved dwelling on the adjacent plot (whether this is built under the provisions of PA 12/00087/B or under the provisions of PA 15/00126/B), Romily or Beachway to the east.
6.2 The impact of the proposed dwelling on those properties to the east is not considered to be objectionable due to the distance of the property from these dwellings which is similar to that resulting from the approved development to the south.
6.2 The impact on Midway House is such that the open aspect to the south of the house will be reduced and the distance from the southern elevation of this dwelling to the nearest house would be reduced from 46m to around 23m. This is still however within the generally accepted tolerances where windows looking directly towards each other would not be so close as to result in issues of inter-visibility. - 6.3 The distance between the proposed dwelling and the dwelling approved on the adjacent plot to the south is far closer - that property being 8.5m from the mutual boundary and the proposed dwelling being only 7m from that. However, given that the dwelling now has its side elevation facing towards this property, the resultant distance of 14.5m is considered sufficient to prevent issues of inter-visibility and it should also be noted that the windows shown in this elevation on the approved dwelling (which were required to be obscured at first floor level upward) and the design of the house proposed in this application which appears to have been designed to have its principal view over the land to the south rather than out to the south west. Whilst there is a suggestion that the windows in the first floor of the dwelling should be fitted with obscure glazing, the orientation of the proposed dwelling is such that those looking out of the windows in the western elevation of the proposed dwelling will be looking directly to the rear of their own site with views towards the adjacent approved dwelling only available at an acute angle whereas the approved dwelling on the plot to the south has its windows looking directly towards the garden of Midway House. As such it is not considered necessary to require that any windows in the proposed dwelling be fitted with obscure glazing.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Manx Utilities Authority does not raise material considerations and should not be afforded interested person status under the Order.
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owner of Derbyhaven House.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 19.10.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions 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.
This decision relates to drawing 4456/L1 received on 25th March, 2015 and 4456/s1A, 4456/P1A both received on 7th August, 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 : ……PER…….. Committee Meeting Date:…02.11.2015
Signed :………S CORLETT……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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