Officer Report

Application No.: 15/00857/B Applicant: Mr Robert & Mrs Helen Frodsham Proposal: Erection of a replacement dwelling Site Address: Berberis Cottage Pinfold Hill Laxey Isle Of Man IM4 7HJ Case Officer : Mr Chris Balmer Photo Taken: 18.08.2015 Site Visit: 18.08.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Berberis Cottage, Pinfold Hill, Laxey, which is a single storey detached property in a very poor state of repair. The property is sited on the north-western side of Pinfold Hill and south east of Church Road/Croit-E-Quill Road. A public footpath runs along the south-western boundary of the site linking Pinfold Hill with Church Road/Croit-E-Quill Road.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the erection of a replacement dwelling. The property would be single storey having a width of 10.5 metres, a depth of 6.2 metres and a height of 5.2 metres. The dwelling would be finished in painted render, with the porch finished in natural stonework. The roof would be finished with slate.

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications which are considered relevant in the determination of this application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as being Predominantly Residential under the Laxey and Lonan Area Plan Order 2005 Map No. 1. The site is not within the Laxey Conservation Area. - 4.2 The Isle of Man Strategic Plan contains two policies that are considered specifically material to the assessment of this current planning application. - 4.3 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:

• (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."

4.4 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."

5.0 REPRESENTATIONS - 5.1 Lonan Parish Commissioners recommends approval (received on 19.08.2015). - 5.2 Highway Services do not object and make the following comments (received on 13.08.2015): "This proposal cannot provide the required off street parking. The standard can be relaxed on this occasion as there is no material change to traffic flow"

6.0 ASSESSMENT - 6.1 The following Material Planning Issues should be considered:

• 1. Principle of Residential Development;
• 2. Potential impact upon the residential amenities of the neighbouring properties;

1. Potential impact upon the Character and appearance of the street scene; and

• 3. Highway Issues/Parking provision;

Principle of Residential Development

6.2 As indicated within the 'Planning Policy' section of this report, the site is designated for residential development; therefore it is considered that the principle of residential development is acceptable. However, this is not an automatic reason to allow the development. Further material planning matters as indicated previously need to be considered to determine if the principle of a single dwelling on the site is appropriate. Potential impact upon the residential amenities of the neighbouring properties - 6.3 The neighbouring property mostly likely to be affect by the proposed development would be the property to the rear of the site, 'Laurel Cottage'. This property is mainly a single storey semi-detached bungalow which is located approximately 14.6 metres to the rear of the existing and proposed dwelling. It is important to note that the ground level of the application site is set substantially below the ground level of 'Laurel Cottage', due to the area

• being on a hillside. Visiting the site it was also apparent that a mature hedge row runs along the boundary shared with both properties.
• 6.4 The proposed dwelling in terms of footprint would be a slight increase over the existing dwelling, and the height of the new single storey dwelling would be 5.2 metres, which is approximately 1.2 metres greater than the existing roof ridge.
• 6.5 Overall, given the topography of the land, the design, size and height of the proposed dwelling and the existing mature landscaping along the shared boundary, it is considered the proposal would not have a significant impact upon the neighbouring amenities (loss of light, overbearing impact upon outlook and/or loss of privacy) to warrant a refusal. Potential impact upon the character and appearance of the street scene
• 6.6 When travelling along this section of Pinfold Hill it is evident of the collection of different types, styles, finishes & designs of dwellings in the street scene. The proposed dwelling is modest in size and would be a vast improvement over the existing dwelling, arguable even if the existing dwelling was in good repair. Overall, it is considered the proposal would be a modest dwelling, which would be beneficial to the character and appearance of the street scene. Highway Issues/Parking provision
• 6.7 Arguably the most contentious issue with the application is the lack of any off street parking. Due to the topography of the land, being on an inside of a bend and space available, it would be difficult to provide adequate off street parking and turning provision, with adequate visibility splays. The existing dwelling does not have any off street parking available.
• 6.8 The applicants have submitted a parking survey which demonstrates on street parking is available, namely along Church Road/Croit-E-Quill Road. Persons occupying the new dwelling would need to utilise the public footpath which runs along the south-western boundary of the site to access Church Road/Croit-E-Quill Road. On-street parking is available along Pinfold Hill, albeit the applicant's evidence indicates more parking is available along Church Road/Croit-E-Quill Road.
• 6.9 Highway Services have considered the proposal and have no objection, indicating that: "This proposal cannot provide the required off street parking. The standard can be relaxed on this occasion as there is no material change to traffic flow".
• 6.10 Overall, whilst the required two off road parking spaces cannot be provided on site, it is considered given the existing dwelling of similar size to the proposal also did not have any parking associated with it; the evidence provided indicates there is space capacity along Church Road/Croit-E-Quill Road; no objections have been received on this basis; and as the site is on a principle bus route; it is considered in this case the parking standards can be relax in this case.

7.0 RECOMMENDATION - 7.1 Overall, it is concluded that the planning application complies with Laxey and Lonan Area Plan Order and General Policy 2 of the Isle of Man Strategic Plan. Accordingly, it is recommended that the application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;

• o The owner and the occupier of any land that is the subject of the application or any
• other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

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: 14.09.2015 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.

• C 2. Prior to the occupation of the dwelling the pedestrian gate along the southern boundary of the site, adjacent to the public footpath as shown on drawing F/3011/A A is required to be installed and retained thereafter. Reason: To ensure good pedestrian access to Church Road/Croit-E-Quill Road

This approval relates to drawings reference numbers F/3011/0 and F/3011/1 A all received on 29th July 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to a Senior Planning Officer.

Decision Made : Permitted Date; 16.09.2015 Determining officer Signed :……………………….. Chris Balmer Senior Planning Officer Signed :………S CORLETT….. Sarah Corlett Senior Planning Officer