Planning Officer Report

Planning Officer Report And Recommendations {{table:4080}} {{table:4079}}

Officer's Report

1. It is recommended that this application be determined by the Planning Committee due to the number of objections and as the Local Authority object to the proposal which has a recommendation for approval.

The Site

1. The site is a parcel of land identified within the St Johns Local Plan as Area 6. The site is to the south of the old St Johns Primary School and can be accessed from Station Road. Currently the site is generally overgrown. The access from Station Road runs between Mona House and St Johns General Stores. The route of the now dismantled railway line sweeps along the southern extents of the site beyond which is the new St Johns Primary School

The Proposal

1. This application seeks approval for an estate layout for 2 houses including construction access for adjoining land. The submitted plan 0725/PL100 C shows a proposed access through from Station Road, across the site and on to land which is adjacent to Balladoyne estate. This land is designated for development by the St Johns Local Plan (Area 1).

1. This application proposes two dwellings on the site. Plan 0725/PL100/C shows the existing trees on the site and shows the location of 2 proposed dwellings. The plan also shows which of the existing trees are to be removed. These are a maple, a prunus, an ash and three sycamore trees.

Planning History

1. This site has not been the subject of previous planning applications however the adjacent land to which the construction access route proposed would lead to has been the subject of the following applications:

1. PA06/00371/A sought approval in principle for a residential layout of 6 dwellings. This application was initially approved and subsequently approved at appeal.

1. PA07/01994/B sought approval for improvements to and the use of estate roadway for construction vehicle access to development site.

1. This was refused for the following reason:

"When the development site with which this application is associated was permitted in the St. John's Local Plan, and in the consideration of the application for the principle of the development of the site under PA 06/0371, it was clearly a requirement that construction traffic should not use Balladoyne Estate Road. Whilst the proposal involves marginal widening of the estate road, the use of Balladoyne as a route for construction traffic would result in disruption, inconvenience and a reduction in road safety within the estate and as such is considered to be unacceptable, notwithstanding that the proposal is for a temporary period necessary for the development to be implemented."

1. A subsequent appeal request was withdrawn.

1. PA08/01510/B sought approval for the residential layout for six dwellings with layout of plots, roads, sewers, Fields 312909 and 314758, Land at Balladoyne, St Johns, German. This was refused by the Planning Committee for the following reason:

"The St Johns Local Plan (Planning Circular 6/99) and subsequent planning applications relating to this site have required that the development of the application site be carried out using a temporary access for construction traffic in order to protect the amenity of Balladoyne estate and in recognition that the estate road is narrow and generally unsuitable for large construction vehicles. This application fails to demonstrate that there is sufficient control over the proposed temporary access so as to provide a reasonable period in which to complete the development. As such, there is a real likelihood that approval of this application, which would include the formation of a vehicular access onto Balladoyne estate, would result in construction traffic using the estate as an access which would be unacceptably detrimental to the residential amenity of Balladoyne estate."

1. Applications 08/01842/B, 08/02117/B and 08/02137/B collectively sought approval for the erection of a dwelling on each of the plots proposed by 08/01510/B. These applications were refused at appeal for the following reasons:

08/01842/B

R1. "The application is premature, in that no scheme for the installation of roads and sewers has yet been approved. Unless satisfactory arrangements for common services are approved and provided, the proposed dwellings would be without access or sewerage facilities, which would clearly be undesirable."

R2. "By virtue of the ridge height and orientation of the building, the dwelling on Plot 2 would detract from the rural character of the view southwards from the vicinity of St Johns Church. The dwelling on Plot 4 would also have the effect if it were not masked by the dwellings on Plots 1-3, for which there are not yet approved designs."

08/02117/B

R1. "The application is premature, in that no scheme for the installation of roads and sewers has yet been approved. Unless satisfactory arrangements for common services are approved and provided, the proposed dwellings would be without access or sewerage facilities, which would clearly be undesirable."

R2. "By virtue of the ridge height and orientation of the building, the dwelling would detract from the rural character of the view southwards from the vicinity of St Johns Church."

08/02137/B

R1. "The application is premature, in that no scheme for the installation of roads and sewers has yet been approved. Unless satisfactory arrangements for common services are approved and provided, the proposed dwellings would be without access or sewerage facilities, which would clearly be undesirable."

Planning Status

1. The application site is designated for residential development by the St Johns Local Plan. This area, which is to the south of Westville, the Methodist Hall and the old St Johns School is identified by the Local Plan as "Area 6: Land South of Existing School". Paragraph 2.15 states the following with regard to this site:

"It is now likely that proposals for development of a new primary school are to be pursued on the car park site and as such the future of the land to the immediate south of the existing school should be considered as this will now probably not be required to be reserved for educational purposes. It is considered that the site would be capable of accommodating two dwellings as an acceptable form of infill development with vehicular access provided from Station Road."

1. As the application proposes an access for construction traffic to serve the adjacent land, it is necessary to set out the planning policies within the St Johns Local Plan which relate to that site which is referred to as "Area 1: The area to the south of Peel Road to the west of Balladoyne estate." The following parts of the Local Plan relate to Area 1:

1. Paragraph 2.7 of the Local Plan states that "The Issues and Options document suggested that low density housing could be sited within this smaller area with minimal impact on the amenities of adjoining residents and without compromising the visual setting of Tynwald Hill."

1. Paragraph 2.9 of the Local Plan states that "It is considered that construction traffic associated with the development should not pass through the Balladoyne estate. The roadways within Balladoyne are not suitable for construction vehicles and the amenities of the existing residents would be significantly damaged if this were to occur."

1. The Local Plan sets out a Development Brief for the site which is set out within POLICY: RES/P/1 which states "Residential development shall be permitted within Development Area 1 in accordance with the following development brief."

1. The Development Brief has 7 points which state that the maximum number of dwellings which will be allowed is 6, that all dwellings shall be single storey (dormer accommodation will not be permitted), that an approved road and sewers application must precede any applications for dwellings, that the application must include an indication of the temporary access to serve construction traffic, that provision must be afforded to an investigation into the archaeological value of the site (in accordance with Manx National Heritage) and that the area to the north of the site may not be used in association with the development.

1. POLICY: RES/P/5 of the St Johns Local Plan states:

"WITH THE EXCEPTION OF APPROPRIATE EXTENSIONS AND ALTERATIONS TO EXISTING PROPERTY WHICH WILL GENERALLY BE ACCEPTABLE, OUTSIDE OF DEVELOPMENT AREAS 1, 2, 4, 5 AND 6 NEW RESIDENTIAL DEVELOPMENT WILL ONLY BE APPROVED WHERE THIS COMPLIES WITH PLANNING CIRCULARS 1/88, 3/88 AND 3/89."

1. The St Johns Local Plan identifies what is referred to as "Proposed Conservation Area" and this is shown as a dotted green line. This designation runs along the northern boundary of the site however the access from Station Road is within it.

1. Within the Isle of Man Strategic Plan, the following policies are considered relevant in the assessment and determination of this application:

1. Strategic Policy 1, which states:

"Development should make the best use of resources by: optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and

being located so as to utilise existing and planned infrastructure, facilities and services."

1. Strategic Policy 3, which states:

"Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: avoiding coalescence and maintaining adequate physical separation between settlements; and having regard in the design of new development to the use of local materials and character."

1. Strategic Policy 4, which states:

"Proposals for development must: Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and not cause or lead to unacceptable environmental pollution or disturbance."

1. Spatial Policy 5, which states:

"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

1. General Policy 2, which 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;
• (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 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."

1. Environmental Policy 42, which states:

"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

1. Housing Policy 6, which states:

"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

1. Transport Policy 4, which 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."

Representations

1. The Highways Division of the Department of Infrastructure raise no objection to this application subject to conditions (see comments within assessment section of report below).

1. German Parish Commissioners object to this application on the grounds that it includes an entrance through to the land adjacent to Balladoyne estate, it will cause congestion on Station Road. It is noted that no details of the size and type of houses is included in the application.

1. The Department of Environment, Food and Agriculture has commented on the tree survey and bat survey carried out in respect of this application. They conclude that they have no objection to the application.

1. The owners/occupiers of Brushwood, Balladoyne, St Johns object to this application raising concerns regarding the use of the site, noise, hours of working and the creation of dirt and dust.

1. Residents of Station Road (Fo Chronk Station Road St Johns, West View Station Road St Johns, St Johns Central Stores/Post Office, Station Road and Thie Corvaalagh, Station Road, St Johns) have submitted a letter that is signed by each of the above residents. Their objection may be summarised as concerns regarding land ownership, stability of adjacent properties, impact upon underground services, visibility splays, disturbance, safety for other road users including pedestrians, building site safety, impact upon trees, impact upon biodiversity, land contamination, fears that the development will create a 'rat run' between Balladoyne and Station Road and damage to properties.

1. The owner/occupier of St Johns Central Stores/Post Office, Station Road, St Johns object to this application raising concerns regarding land ownership, stability of adjacent properties, impact upon underground services, visibility splays, disturbance, safety for other road users including pedestrians, building site safety, impact upon trees, impact upon biodiversity, land contamination, fears that the development will create a 'rat run' between Balladoyne and Station Road and damage to properties.

1. The owner/occupier of Gartshore Bowring Road Ramsey has provided comments on land ownership.

1. The owners/occupiers of Thie Corvaalagh, Station Road, St Johns object to this application raising concerns regarding land ownership.

1. The owners/occupiers of Kiondroghad, 7 Balladoyne, St Johns raises concerns regarding references made by this application regarding the development of the adjacent site (Area 1) which does not benefit from planning approval. The proposal submitted under 11/00690/B relates to this site.

1. The owners/occupiers of 10 Balladoyne, St Johns raise concerns regarding the development of adjacent land. They write in on behalf of the owner/occupier of 6 Balladoyne and the owners/occupiers of 9 Balladoyne.

1. The owners/occupiers of Struan Beg, Main Road, Foxdale (owners of land adjacent to the application site) raise no objection to the principle of the two dwellings proposed but object to this application on the basis that the proposal includes development to serve the adjacent site (Area 1). The description of development is stated as being incorrect (this has been amended to include the proposed construction access). Concerns regarding wildlife and trees are also raised.

1. The Isle of Man Water and Sewerage Authority do not raise any objection to this application.

1. The Manx Electricity Authority has submitted information advising that the applicant contact them to discuss electricity supply to the proposed properties.

1. Steven Morley Chartered Surveyors has responded as agent on behalf of the owner of Fairfield House, Main Road, St Johns to request that they be afforded interested party status.

1. The owners/occupiers of Highcroft, Station Road, St Johns objects to this application on the basis that neighbours were not notified of the application, highway safety, adverse impact upon their residential amenity and that any attempt to increase the population of St Johns would undermine its cultural importance and the village community.

1. The owner/occupier of Pine Close, Station Road, St Johns objects to this application on the basis that the use of the car park opposite the proposed site entrance by construction traffic would cause disturbance and damage to their property.

1. The Community Planning Service, 33 Ballaquark, Douglas has stated that the St Johns Local Plan designates the land as Proposed Primary School (this is incorrect, see Planning Status above).

1. The owner/occupier of 2 West View Villas, Station Road, St Johns objects to this application on the basis of land ownership, increased traffic of heavy goods and plant equipment and flooding. It is recommended that Balladoyne estate be used for access to the site.

1. The owner/occupier of 2 Pretoria Terrace, St Johns objects to this application on the basis that it would contravene the Local Plan. It is stated that the plan allows only a single dwelling on the site. Other concerns raised are the loss of the car park area to the side of the shop, impact upon the proposed conservation area and the hazard created by reducing the existing wall to aid visibility.

1. Manx National Heritage has commented on the removal of trees proposed by this application. Whilst not objecting to the proposal it is noted that no measures for protection of trees is included. A condition is recommended to require a scheme to demonstrate the measures to be employed for tree protection. It is also suggested that any site clearance be undertaken outside of the bird breeding season (mid March to the end of July).

1. The secretary of Bunscoill Ghaelgagh, Main Road St Johns (what was St Johns Primary School) object to this application on the basis that the proposal will generate increased levels of traffic, that the proposed dwellings may overlook the school playground, the design of the dwellings, further development on the site, impacts upon wildlife and the potential for items to be thrown from the school playground, over the wall into the site which may result in complaints.

1. The owners/occupiers of 4 Pretoria Terrace, St Johns object to this application on the basis that the lowering of the wall on Station Road to aid visibility would be detrimental to the character of the proposed St Johns Conservation Area, would reduce privacy to their property and cause danger to pedestrians. Other concerns include traffic, both in terms of safety and disturbance, land ownership, the impact of the development upon trees and bats and drainage.

1. The owner/occupier of Station House, St Johns objects to this application on the basis of increased traffic and highway safety.

1. The owner/occupier of Rose Cottage, St Johns objects to this application on the grounds that it would create a through route between Station Road and Balladoyne which would increase traffic travelling past his property. Land contamination is also raised as an issue.

Assessment

1. The main issues to be assessed in the determination of this application are:

• Access to the site for construction traffic
• Impacts upon trees and wildlife
• Impacts upon the amenity of adjacent properties
• Layout of the proposed plots, roads and sewers
• Impact upon proposed conservation area

Access to the site for construction traffic

1. The application includes within its defined site provision for construction traffic to access the site referred to as Area 1 by the Local Plan. This is important as whilst the St Johns Local Plan establishes a presumption in favour of the development of Area 1, with up to 6 dwellings, it makes it clear that construction vehicles associated with the development should not pass through Balladoyne estate. This requirement has been accepted at appeal as being a legitimate planning objective.

1. It is necessary to have regard to the implications of construction traffic using the proposed access to reach the site. Station Road is a relatively busy route within the village of St Johns. The local shop is situated at the point at which the access begins and vehicles park on the south bound side of the carriage way. The Highways Division has assessed the application and has made the following comments:

1. "This application meets the relevant highway standards in terms of road design, access and parking. The construction access is to serve a plot of land that cannot be accessed via Balladoyne and is an acceptable alternative." A condition is recommended which states:

1. "The visibility splays of 2m x 36m onto Station Road must be provided prior to any other work on site and maintained clear of obstruction at a height of 1.05m"

1. On the basis that the technical opinion of the Highways Division is that the proposal is acceptable, it is concluded that the access from Station Road to serve construction traffic is an acceptable alternative.

1. A number of commentators on this application question the ownership/control of the land. The application includes the land within the site defined in red. The applicant will only be able to legally use the access as proposed if they are able to gain control or ownership from whoever controls the strip of land from Station Road. A condition is recommended which would only allow construction traffic to access Area 1 via the Station Road access in accordance with the requirement of the Development Brief to prevent such traffic from using Balladoyne estate.

1. Concerns have been raised by residents that the proposal would create a throughway from Balladoyne to Station Road. If approval is granted for this development, the dwellings proposed would be accessed from Station Road. In addition to this, construction traffic relating to the development proposed under 11/00690/B would be able to use the access. Prior to the occupation of any of the dwellings proposed under 11/00690/B, the construction access would be required to be closed off and only then would Balladoyne estate road be opened up to serve the new dwellings. This would prevent the creation of a through route between Balladoyne and Station Road.

Impacts upon trees and wildlife

1. The site is an undeveloped parcel of land. Concerns have been raised regarding the loss of trees and impacts upon wildlife. A bat survey and tree survey have been commissioned by the applicant. The bat survey concludes that there "was no active bat roost in the area under

consideration. Dr Selman, Senior Biodiversity Officer of DEFA states "I am content that no issue remains with regard to bats and these two applications".

1. With regards to trees, the proposed access for construction traffic which would lead from Station Road, across Area 6 and into Area 1 would result in the removal of 5 trees. The position of the proposed dwellings would necessitate the removal of an additional 3 trees. DEFA has been asked to comment on this aspect of the proposal, concluding that "providing the trees referred to on the plans are the only ones to be removed we would not raise any objection to the proposal."

1. The position of the proposed dwelling closest to Station Road would seem to be very close to existing trees which are not proposed to be removed. The applicant has been made aware of this and indicated that they would be willing to accept a condition which confirms that no approval is granted for this position. It is judged that 2 dwellings could be positioned on the site in a manner which would not require any additional trees to those proposed to be felled to be removed.

Impacts upon the amenity of adjacent properties

1. A number of objections to this application are in response to the use of the access from Station Road. Concerns include highway safety, disturbance and legal rights of way. The development would increase traffic using the access and this would have an impact upon existing residents. However, the construction traffic associated with the development would be a relatively short term impact. The vehicles generated thereafter by the 2 dwellings proposed on this site would not have unacceptable impacts upon the amenity of adjacent properties. It should be noted that in identifying the site as being appropriate for 2 dwellings, the Local Plan process would have taken access into account. Indeed, the Local Plan sets out that "It is considered that the site would be capable of accommodating two dwellings as an acceptable form of infill development with vehicular access provided from Station Road."

Layout of the proposed plots, roads and sewers

1. The footprint area, position and orientation of the dwellings is unlikely to meet with approval. This is not to say that each of the plots could not accommodate a house which could be sited and oriented in an acceptable manner. The plot sizes and positions have been assessed and it is considered that houses could be satisfactorily accommodated therein. It would appear that the development would retain the majority of existing planting and field boundary planting which are important features of the site, contributing to its rural character. In order to control this, a landscaping scheme is recommended to be required by condition. This should seek details of which planting is to be removed and the measures that will be taken to protect trees and hedges during construction works.

Impact upon proposed conservation area

1. Given that the northern boundary of the site is highlighted as being adjacent to the St Johns proposed conservation area, regard should be had to how this proposal may affect the character and appearance of the area identified as being of potential conservation value. It should be noted that the designation of both Area 6 for residential development was considered at the same time as the proposed conservation area and as such the Development Brief for each site will have taken this into account.

1. The Building Conservation Officer has been asked to look at the proposal and has advised that he has no objection to the proposal. Detailed design of the dwellings would be assessed as and when future applications are submitted.

Conclusions

1. The application site is designated for residential development by the St Johns Local Plan, subject to a Development Brief. It is judged that the proposal accords with the requirements of the Local Plan.

Recommendation

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• German Parish Commissioners
• The Department of Environment, Food and Agriculture
• The owners/occupiers of Brushwood, Balladoyne, St Johns
• The owner/occupier of St Johns Central Stores/Post Office, Station Road, St Johns
• The owners/occupiers of Fo Chronk Station Road St Johns
• The owner/occupier of West View Station Road St Johns
• The owners/occupiers of Thie Corvaalagh, Station Road, St Johns
• The owners/occupiers of Kiondroghad, 7 Balladoyne, St Johns
• The owners/occupiers of 10 Balladoyne, St Johns
• The owners/occupiers of 9 Balladoyne, St Johns
• The owner/occupier of 6 Balladoyne, St Johns
• The owners/occupiers of Struan Beg, Main Road, Foxdale (owners of land adjacent to the application site)
• The Isle of Man Water and Sewerage Authority
• Steven Morley Chartered Surveyors has responded as agent on behalf of the owner of Fairfield House, Main Road, St Johns
• The owners/occupiers of Highcroft, Station Road, St Johns
• The owner/occupier of Pine Close, Station Road, St Johns
• The owner/occupier of 2 West View Villas, Station Road, St Johns
• The owner/occupier of 2 Pretoria Terrace, St Johns
• Manx National Heritage
• The secretary of Bunscoill Ghaelgagh, Main Road St Johns (what was St Johns Primary School)
• The owners/occupiers of 4 Pretoria Terrace, St Johns
• The owner/occupier of Station House, St Johns
• The owner/occupier of Rose Cottage, St Johns

Accordingly the following parties are not granted Interested Party Status:

• The Manx Electricity Authority
• The owner/occupier of Gartshore, Bowring Road Ramsey
• The Community Planning Service, 33 Ballaquark, Douglas

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 04.10.2011

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 permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the estate layout for two detached dwellings with associated access road and drainage services and access for construction traffic to adjacent land, Land off Station Road, St Johns as shown by 0725/PL100 Rev C received 8th September 2011.

C 3. No approval is granted for the siting, size of orientation of the dwelling footprints shown on Drawing 0725/PL100 C.

C 4. All existing trees and hedges within the application site, with the exception those shown to be removed on Drawing No. 725/PL100 C, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.

C 5. Access to the dwellings may be taken only from Station Road.

C 6. Prior to the commencement of construction works, the visibility splays at the construction access road onto Station Road must be provided. This splay shall be kept and maintained clear of obstruction at a height of 1.05m.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : P02011 Committee Meeting Date : 13.10.11

Signed : D. D. Daley Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO