Officer Report

Application No.: 15/01124/B Applicant: Martia Ltd Proposal: Replace existing with two detached dwellings with associated detached garages including new highway access and estate roadway Site Address: Land At Lancashire House & Furness Cottage New Castletown Road Newtown Santon Isle Of Man IM4 1HS Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee

Officer’s Report

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

THE SITE

1.1 The site is an area of land which lies on the western side of the A5 on the southern side of the built up area known as Newtown. The site currently accommodates the former Lancashire Hotel which has had a variety of uses since the use as a public house ceased, including a children's nursery and church related centre. Also on the site is Furness Cottage. Both existing buildings sit close to the front of the site and are traditionally designed properties although both in poor states of repair. Neither is currently in use. - 1.2 The land to the rear of the site has been used for a considerable period of time for the deposit of materials. As such the land has been artificially raised such that it is higher than the residential properties to the north - Ballanoa Meadow. - 1.3 At the western end of the site, but not within it, is a sewage pump station. - 1.4 Immediately to the north of the site are numbers 11 and 12, Newtown, an associated car parking area, and numbers 33 - 43, Ballanoa Meadow with a small children's play area and the open space to the west of Ballanoa Meadow and provided as part of that development. - 1.5 To the south of the site is an area of open space/countryside with a drainage ditch shown on the drawings as running along the southern boundary although this is not evident on site as viewed from the site which is a couple of metres higher than the field alongside to the south. THE PROPOSAL

2.1 Proposed is the demolition of the two buildings on the site, which itself would not require planning approval as the buildings are not protected by Registered Building or Conservation Area status, and the erection of two dwellings in their place. The new dwellings would be arranged such that one is approximately parallel with, set back by around 6m from and fronting onto the main road and the other at right angles to it and set back by around 34m. Both properties will have detached garages associated with them. Access will be into the site from the main road and through towards the rear of the site with a turning facility within it. The access is not shown to reach the

• rear of the site although it would be possible to provide an access through to the land to the rear for maintenance and in the even that this land is ever considered suitable for development. The buildings will be at least 11m from the ditch which runs to the south of the site other than the garage serving the southernmost plot, which will be 3m from the boundary from which the watercourse is a further 4m
• 2.2 The dwellings are not identical but have the same basic shape, mass and design. The dwellings differ in the application of timber boarding and a few windows are not in the same positions. The houses are large, but have ample room around them for front, side and rear gardens and space for the parking of at least four vehicles outside and a further two within each garage.
• 2.3 The dwellings each have a striking overhanging angled gable feature, replicated on the garages which have the roofspace laid out as a home office - providing around 35 sq m of floor area. The dwellings will be set lower than the main road - the house at the front having a ground floor level of around 300mm lower than the footway and the other house around 1m lower. The finishes of the dwellings would be a natural slated roof, rendered walls with elements of timber boarding and Manx stone with a glazed balcony surround between steel uprights. The driveways and hard surfacing would be finished in grey paviors and the access roadway finished in tarmacadam.
• 2.4 The new access will provide visibility of 120m from a point 2.4m back from the highway and the new hedging and gate pillars will be set behind those splays. PLANNING POLICY

3.1 The site lies within an area which is designated as Existing Residential: the land to the rear is designated as Open Space of High Landscape Value and Scenic Significance both on the Town and Country Planning (Development Plan) Order 1982. The residential part of the site extends back around 57m (as far as the car parking area alongside 11 and 12, Newtown). - 3.2 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas, unsurprisingly, is designated as the main employment and service centre for the Island. Outside of Douglas development is to be concentrated towards the main towns to provide housing, employment and services. Some of the larger villages are also seen as 'service centres' where employment and housing should be provided to meet local needs. Spatial Policy 3 sets out that Area Plans will define the development boundaries of Service Villages. Newtown is listed under Spatial Policy 4.

Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities... Area Plans will define the development boundaries of such settlements to maintain their existing character."

3.3 Development must be in accordance with the Strategic Plan in terms of car parking provision, affordable housing, the provision of open space and the protection of ecology as set out in the following policies:

Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• b) details of pollution and alleviation measures must be submitted;

• c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
• d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".

3.4 Appendix Seven provides the standards for car parking and requires each dwelling to provide two parking spaces, preferably with one space behind the building line and within the residential curtilage and where the spaces should not detract from the amenity of the area by being placed immediately in front of the dwellings.

3.6 Two further critical policies are:

• Strategic Policy 1 which 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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
• Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3". Sustainable Urban Extensions are defined as involving "the planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well-planned infrastructure including access to a range of facilities, and when developed at appropriate densities".

PLANNING HISTORY

4.1 The following applications have been submitted for this site:

PA 14/00332/A proposed the principle of the residential development of all of the area defined in red and blue on the site. This was refused and confirmed on appeal for reasons relating to the designation of some of the site as Open Space.

PA 09/00583/C - Use of premises as a social centre Status - Permitted 27th May 2009 PA 08/02254/C - Change of use from child day care centre to a youth social centre Status - Permitted 23rd January 2009 PA 02/02377/A - Approval in principle for residential development with access off Newtown Estate Status - Refused 23rd April 2003

PA 02/02224/A - Approval in principle for the erection of ten dwellings, conversion of cottage to two apartments and alterations to car park Status - Refused on Review 13th June 2003. The reasons for refusal were:

"1. The proposed residential development would be contrary to the provisions of the adopted plan for the area.

1. The proposed development would take access off the A5, a busy rural link, contrary to the interests of road safety."

PA 01/02475/B - Creation of gas storage compound for community gas supply Status - Permitted 7th August 2002

PA 99/01138/B - Conversion of public house to play school and living accommodation, Lancashire Hotel, Main Road, Santon Initial Decision - Permitted 15th November 1999

PA 98/01439/A - Approval in principle for change of use of Public House to nursery with office, living accommodation and garage, Lancashire Hotel, Main Road, Santon. Initial Decision - Permitted 29th January 1999

PA 92/00283/B - Extension to landfill site, land at rear of Lancashire Hotel, Santon. Status - Permitted on Review PA 91/01169/B - Infill of land with hardcore and soil, rear of Lancashire Hotel, Field No. 1859. Santon. Status - Refused PA 89/01142/B - Alterations and extensions to create extra living accommodation, Furness Cottage, Main Road, Santon. Status - Permitted PA 87/04672/B - Infilling of land with hardcore and soil, field no. 2667, (370) rear of Newtown Estate, Santon. Status - Permitted on Review

PA 87/04764/B - Infilling of land, field 1859 and part of field 2456, land adjoining The Lancashire Public House, New Castletown Road, Santon - application withdrawn

PA 86/00307/B - Use of land for dumping of top soil and builders material, land rear of Lancashire Hotel, Newtown, Santon. Status - Permitted

PA 86/00900/B - Alterations and extensions including formation of pool room and additional W.C.s, Lancashire Hotel, Main Road, Santon Status - Permitted

REPRESENTATIONS

5.1 Department of Infrastructure Highway Services indicate that they do not object to the application subject to conditions which ensure that:

Access onto highway must be wide enough to accommodate two way traffic flow in order that vehicles do not have to stop on the highway to allow another vehicle off the site (including large vehicles such as oil/refuse)

Turning area must be able to able to accommodate large vehicles and Visibility splays of 2.4 x 120 metres in both directions are provided. (12.10.15)

5.2 The owner of Ballavartyn Cottage which lies opposite the site but who also owns a small garden directly alongside the site to the south, indicates that she has no objection to the application in principle (although the application is for full, detailed approval) (22.10.15). ASSESSMENT - 6.1 Unlike previous applications for development on this site, the proposed building will be contained within an area which is designated for residential use and as such there should be a presumption in favour of the principle of the development proposed. Whilst the existing buildings, particularly the former public house arguably has local landmark quality, due mainly to its former use, it has no explicit historical or architectural importance and is not Registered nor in any other

way protected from demolition and indeed there are no objections to the applications on this basis, or at all. The proposed dwellings, whilst containing modern elements of timber boarding and glass balustrades have a basically traditional form and mass with substantial chimneys towards each end of the main roof, rendered walling and vertically proportioned window apertures. The overhanging eaves and peaks within the eaves level are more modern takes on the traditional form, but are considered to sit well within the context of the site which comprises both traditional and more modern buildings.

6.2 The provisions for vehicular access will improve the existing situation, particularly for Furness Cottage and accord with the requirements of the Department of Infrastructure Highway Services.

6.3 The proposal is considered to accord with the provisions of The Isle of Man Planning Scheme (Development Plan) Order 1982 and the Strategic Plan and the application is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) 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;
• (c) 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 (e) The local authority in whose district the land the subject of the application is situated.

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 on the basis that they own land adjoining the site:

The owner of Ballavartyn Cottage

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: 07.11.2015 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 commencement of any building work on site, the visibility splays and access as shown in the submitted drawings must be formed and available for use and thereafter retained with no impediment. Reason: In the interests of highway safety.
• C 3. Prior to the commencement of work on site, there must be approved by the Department, a landscaping scheme which provides details of the planting shown in drawing reference 2. This must provide the species of shurbs and trees proposed to be planted and also to indicate how the southern boundary of the site will be formed: this must be a planted boundary, not a wall or fence incorporating shrubs and trees in order to soften the visual impact of the new buildings as viewed from the approach from the south. Reason: In order to present an acceptable visual impact.
• C 4. All 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 dwellings, 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.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

This approval relates to drawings 1, 2, 3,4 ,5 ,6, 7 and 01PM all received on 8th October, 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:…16.11.2015

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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