Officer Report

Application No.: 15/00875/A Applicant: Mr Colin Kneale & Mrs Gill Kneale Proposal: Approval in principle for erection of five dwellings addressing means of access and siting Site Address: Field 121388 Oatlands Road Andreas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 18.08.2015 Site Visit: 18.08.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

1.0 SITE - 1.1 The site is Field 121388, Oatlands Road, Andreas which is a parcel of undeveloped land located on the northern side of Oatlands Road and northeast of Andreas Village. - 1.2 The site in rectangular in shape measuring 0.99 acres (2018 square metres). The boundaries of the site are characterises with mature landscaping, with the northern boundary including a number of mature trees. The site is accessible to Oatlands Road via an existing field gate access, which is located to the south-western corner of the site. - 1.3 To the east of the site is Oatlands Lodge which is a traditional two storey cottage which is within the same ownership as the application site. Part of field 121388 is split from the application site and remains part of the curtilage of Oatlands Lodge.

2.0 PLANNING POLICIES - 2.1 The application site is considered to be located within an area designated as Predominantly Residential Use (existing) in the Isle of Man Development Plan Order 1982. The site is not located within a Conservation Area, nor within in Area of High Landscape or Coastal Value and Scenic Significance. - 2.2 It should be noted that the Department a number of years ago (2004), has previously considered the site to fall outside the area of 'Predominantly Residential Use' and considered the site was within an area of land not designated for development i.e. countryside. However, the information submitted now and from further detailed consideration of the Isle of Man Development Plan Order 1982, it is considered the correct designation is 'Predominantly Residential Use'. - 2.3 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-

2.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

2.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 2.5 Spatial Policy 3 states: "The following villages are identified as Service Villages

• o Laxey
• o Jurby
• o Andreas
• o Kirk Michael
• o St Johns
• o Foxdale
• o Port St Mary
• o Ballasalla
• o Union Mills

Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

2.6 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."

2.7 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."

3.0 PLANNING HISTORY - 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application site:

3.1 Approval in principle for a development of three dwellings on - 03/01709/A REFUSED for the following grounds:

"R 1. The application site is not zoned for residential development and is therefore contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and the well established policies of the Department.

R 2. The limitations of the site frontage onto the highway and the width available for the access to and from the highway are inadequate to permit safe access and egress for the proposed development."

3.2 There is currently an application for the adjacent field to the south west of this application site;

15/00868/B - Erection of a single storey extension to rear elevation and extension to residential curtilage - Oatlands Lodge, Oatlands Road, Andreas - Pending Consideration (also at this Committee meeting) Recommended for approval, subject to conditions.

4.0 PROPOSAL - 4.1 The application seeks approval in principle for the erection of five dwellings addressing means of access and siting. The plots would in terms of size, range from 1030 square metres to 449 square metres. The indicative drawing shows an indicative footprint of each dwelling located centrally of each plot, with a garden to the front and rear of each property and an area of hardstanding to provide at least two off road parking spaces. Each dwelling would be served by an access road which would run from the existing access. The submitted drawing indicates visibility splays of 2.4m by 90 metres can be achieved in both directions from the access.

5.0 REPRESENTATIONS - 5.1 Andreas Parish Commissioners make the following comments (received on 24.08.2015):

"Provided that the means of access satisfies the DOI Highways Division, they have no objections."

5.2 Department of Environment, Food and Agriculture - Forestry Division make the following comments (received on 12.08.2015):

"The above application is for approval in principal to determine siting and means of access. It is my view that the proposed access is unlikely to have a detrimental effect on the trees surrounding the proposed site entrance. In addition, the trees in this area are not particularly visually prominent or specimens of notable age, size or form. To maintain the required visibility splay it is likely that regular maintenance (pruning) will be required on the willow tree immediately adjacent to the south of the proposed access.

At this stage of the design/planning process it is important to properly identify the constraints imposed by trees. This application should therefore be accompanied by a full tree survey, conducted by an arborist, to:

• a) Include; for individual trees, the crown spread taken at four cardinal points; for woodlands or substantial tree groups, the overall extent of the canopy (the site plan provided only shows the position of trees represented by a symbol indicative of its crown spread)
• b) Assess the quality and benefits of individuals and/or groups of trees and identify which trees merit retention (using the BS5837 categorisation method)
• c) Identify the above and below ground constraints which arise from these trees including the Root Protection Areas (RPAs)

Although the site layout is not strictly the focus of this application I am concerned about some aspects of the proposed layout. In particular, the orientation and position of plot 1 and the location of the soakaways on plots 1 & 2. You will be best placed to suggest where in the planning process it would be appropriate but at some point an arboricultural impact assessment and tree protection plan should be submitted.

The arboricultural impact assessment should be done by an arborist and should evaluate the direct and indirect effects of the proposed design including:

• i. Potentially damaging activities in the vicinity of retained trees
• ii. The installation of hard surfaces
• iii. The installation of services
• iv. The location and dimensions of all the proposed excavations and changes in ground level
• v. The 'buildability' i.e. adequate access, working space, provision for storage of materials etc. The tree protection plan should:

• i. Clearly indicate the precise location of the protective barriers that will be erected to form an exclusion zone around the retained trees
• ii. Clearly show where construction activity cannot/will not be excluded from the RPA
• iii. In the placement of protective barriers, it is important to consider the 'buildability' issues e.g.:

• I. Access
• II. Contractors parking
• III. Space needed for excavations and construction work
• IV. Working space for cranes, plant & scaffolding
• V. Space for site huts, temporary toilets etc.
• VI. Space for storage"

5.3 The owner/occupant of Oatlands Bungalow, Oatlands Road, Andreas has objected to the application which can be summarised as; the site is not designated for development and therefore contrary to the well-established policies of the Department; limitations of the site frontage onto the highway and the width available for the access are inadequate to permit safe access and egress for the development; highway safety concerns; and the construction of the access road cannot be carried out as it would be necessary to excavate my land to construct the road.

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

• 1. Principle of Residential Development;
• 2. Potential impact upon neighbouring amenities;
• 3. Potential impact upon the Character and appearance of the street scene;
• 4. Highway Issues/Parking provision; and
• 5. Potential impact upon trees

• PRINCIPLE OF RESIDENTIAL DEVELOPMENT
• 6.2 As indicated within the 'Planning Policy' section of this report, the site is considered to be designated for residential development. However, given the scale of the 1982 Development Plan, it is not entirely clear whether the site falls within or outside of a residential use. As indicated previously, the Department previously refused an application on this site for three dwellings on the grounds that it was considered at that time the site fell outside an area of predominantly residential use. However, after further evidence and further detailed consideration of the Development Plan and drawings submitted; it is considered the site is designated as Predominantly Residential Use.

6.3 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 NEIGHBOURING AMENITIES - 6.4 As the application is only in principle and the plans are indicative, it is not possible to make a full assessment at this stage. Such detailed assessment would need to be made at any future Reserved Matters application stage. - 6.5 The property most affected by the development would be Oatlands Bungalow, which is located southeast of the application site. Furthermore, this properties garden runs along the entire south-eastern boundary of the site, and all of the proposed dwellings would likely face towards Oatlands Bungalow and the gardens associated with this neighbouring property. Currently, the indicative drawings indicate that the front elevation of each of the five dwellings would be between 22 and 24.5 metres from the south-eastern boundary shared with Oatlands Bungalow. Whether the proposed dwellings would be single storey or more, would be key to identify the potential impacts upon the occupants of Oatlands Bungalow, namely overlooking, overbearing impact upon outlook and/or loss of light. However, this cannot be fully considered until detailed drawings have been submitted. What can be determined is that it should be possible to provide five dwellings on this site, without impacting the amenities of Oatlands Bungalow. - 6.6 Overall, it is considered five dwellings on this site could be designed without significantly adversely affecting the amenities of neighbouring amenities. POTENTIAL IMPACT UPON THE CHARACTER AND APPEARANCE OF THE STREET SCENE - 6.7 Without full details drawings this assessment cannot be made at this stage. Due to the boundaries of the site being mature hedgerows/trees, this would help reduce the appearance of the dwellings from Oatlands Road and surrounding area. However, dwellings would likely still be apparent. However, it is considered appropriately designed, sized dwellings and with appropriate finishes, could be achieved on this site and be appropriate with the character and appearance of street scene. HIGHWAY ISSUES/PARKING PROVISION - 6.8 In terms of parking provision, the indicative plans shows each dwelling with at least two off road parking spaces, which complies with the parking standards of the Isle of Man Strategic Plan. - 6.9 In relation to visibility splays of the entrance to the site onto Oatlands Road the submitted plans show visibility of 2.4 metres x 90 metres in both directions. Highway Services have indicated that 2.4 metres x 90 metres in a north-easterly direction is achievable, but in a south-westerly direction the splays is 2.4 metres x 70 metres due to the curvature of the road. However, they confirm these splays are acceptable. These splays are achievable mainly given the depth of the public footpath in this area which is approximately 2 metres. The

• submitted plans show the splays can be achieved within the applicants control or over the public highway.
• 6.10 Highway Services have considered the scheme and have no objection.
• 6.11 Overall, it is considered from a highway safety perspective and amount of parking provision serving each dwelling, the proposal would be acceptable and therefore considered to comply with General Policy 2 of the Isle of Man Strategic Plan. POTENTIAL IMPACT UPON TREES
• 6.12 Comments have been received from the Department of Environment, Food and Agriculture - Forestry Division relating to potential impact upon the large mature trees along the northern boundary of this site. It is considered more work would needs to be undertaken, particularly in relation to Plots 1 and 2 and positioning of the soakaways. However, this is a matter which could be addressed at a Reserved Matters Stage. It is considered with an appropriate worded condition, the issues raised by the Forestry Division could be addressed.

- 7.0 RECOMMENDATION

7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Isle of Man Development Plan Order 1982 and therefore recommended for an approval. - 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.

8.2 Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order. - 8.3 In accordance 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 considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owner/occupant of Oatlands Bungalow, Oatlands Road, Andreas

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 either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. The application for reserved matters must include a detailed survey of all existing trees on site within the development area together with a method statement for the protection of all existing trees on site which are to be retained. The existing trees must be protected by the erection of fencing at an adequate distance from the tree trunk and during construction and demolition works the protected areas must remain free from vehicles and materials in order to protect the tree roots. Any work necessary within the protected area must be detailed in the method statement. The development must be undertaken in accordance with the method statement.

Note: the applicant should liaise with the Forestry Directorate, Department of the Environment, Food & Agriculture in the preparation of this document and observe the principles of BS 5837.

Reason: in order to preserve the visual amenities of the area.

• C 5. Prior to any works commencing on site the access and visibility splays on drawing no 10 REV A date stamped 31st July 2015 (or subsequent drawing approved by the Department) shall be constructed and remain free from obstruction thereafter. Reason: In the interests of Highway Safety

This approval relates to drawings reference numbers 01, 2, 10 REV A, DP 01 and C0501 REV 2 all received on 31st July 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:…21.09.2015 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/NO