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Applicant: Hartford Homes Ltd Proposal Erection of 12 residential dwellings with associated infrastructure and landscaping Site Address Bix House And Land To Rear Farmhill Lane Douglas Isle Of Man IM2 2EB Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 30.04.2021
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.
Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and arboricultural supervision details submitted under condition 5 and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary
Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.
Reason: It is essential for a footpath link to be in place between the site and Lheannag Park for amenity purposes.
The approved drainage system shall be implemented in accordance with the approved Drainage Strategy prior to the occupation of the dwellings and maintained thereafter for the lifetime of the development in accordance with the approved maintenance scheme.
Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal
This application has been recommended for approval for the following reason. It is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan, Residential Design Guide and the Area Plan for the East and therefore it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision, provision and maintenance of the woodland boardwalk and Public Open Space provision/commuted sum for shortfall.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure - Public Estates and Housing Division Department of Infrastructure - Flood Risk Management Team Manx Utilities
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B
As they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPROVAL WILL BE SUBJECT TO A SECTION 13 LEGAL AGREEMENT IN RELATION TO AFFORDABLE HOUSING AND OPEN SPACE PROVISION AND THE LEVEL OF WRITTEN REPRESENTATIONS CONTRARY TO THE RECOMMENDATION
0.0 PREAMBLE - 0.1 This application was deferred from the previous meeting for a site visit. This report is unchanged.
1.0 SITE - 1.1 The site defined in red is a parcel of land, 2.27 acres (0.9 hectares) is currently party of the rear garden of Bix House and part is a woodland area. The property Bix House and is curtilage is shown in blue on the location plan and is owned by the applicants. However, with the exception of boundary changes and splitting off the rear garden of Bix House, there are no changes to this property. - 1.2 The site is located to the north eastern side of Farmhill Lane and west of Farmhill Park. The site (within red line) can be split into two sections (shown as Zones C & D on submitted plans). Zone C is the parcel of land which currently forms part of the residential garden of Bix House. It is characterised as having a gently slope (flat in places) running downwards from Bix House towards Zone D and is in large parts lawned but with a central section of woodland which was planted by the owners of Bix House a few decades ago (1980's). To the northwest boundary; which is shared mainly with Nr 38 Farmhill Park, but to a lesser extent Nr 39 Farmhill Park, there is significant leylandii hedgerow of a significant height (5m+ in height). To the northeast boundary of Zone C is the beginnings of the woodland area of Zone D, there is currently no physical barrier (fence/wall) at this point. To the southeast boundary is a sod bank with mature trees. This boundary adjoins the neighbouring site which is currently being developed for housing. The south-western boundary is currently open as it forms part of Bix House curtilage; but also back onto the rear boundaries with Farm Hill Cottage and Nr 40 Farmhill Park. - 1.3 Zone D character is a wooded area, which ground level is below that of Zone C. This area is a typically wooded area with many trees of various sizes and types bit also watercourse and dubs in places. This area is currently not open to member so the public, being part of the ownership of Bix House. - 1.4 The site to the south east, south, south west and westerly directions the areas are characterised as housing sites which have been developed gradually over the last few decades.
To the north and northeast of the site are characterised as wooded areas/Ballaughton Park/Ballaughton Nurseries.
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of 12 residential dwellings with associated infrastructure and landscaping. The proposal includes a total of two houses types all two storeys, mainly detached, but three terraced properties (affordable housing). There are also variations in finishes (fully brick, part brick part render, mostly render with brick detailing etc.). The proposal includes; 9, four bedroom dwellings and 3 two bedroom dwellings. All have at least two off road parking spaces. The housing is all located within Zone C. No housing development is proposed to Zone D (i.e. woodland area). - 2.2 Access form the site will be form the neighbouring housing development (16 dwellings approved under 19/01408/B) which is currently under construction, utilising the approved main estate access onto Annacur Lane. - 2.3 The proposal includes the provision of three areas of Public Open Space within Zone C. It also proposes to made the woodland in Zone D open to member so the public, which includes the creation of a woodland walk (new paths etc.) through the woodland (a loop) which also connects into a new footpath to run along the southeast boundary of woodland, connecting the application site to a new footpath within the Iheannag Park (residential estate) which has links to a further public footpath to Ballaughton Park. The new paths and woodland walk would be open to the public to use.
3.0 PLANNING POLICIES - 3.1 The application site, including the woodland area (Zone D) is within an area recognised as being an area of "Predominantly Residential" under the Area Plan for the East. The site is not within a Conservation Area. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Strategic Policy 1 states: "Development should make the best use of resources by:
3.4 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island." - 3.5 Environment Policy 42 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."
3.8 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:
3.9 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and seminatural woodlands, which have public amenity or conservation value." - 3.10 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
3.11 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:
3.12 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." - 3.13 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 3.14 Transport Policy 4 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." - 3.15 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." - 3.16 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 3.17 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." - 3.18 Residential Design Guide - July 2019
4.0 PLANNING HISTORY - 4.1 The previous planning application is considered relevant in the assessment and determination of this application: - 4.2 Approval in principle for three building plots, land at the end of Oak Close, off Farmhill Lane, Douglas - 96/01864/A - REFUSED on the following grounds: "R 1. The proposed development would be contrary to the terms of the planning approval for the overall layout and use of this land (PA 87/0912), whereby the site formed part of an area of Private Open Space adjoining the stream course; approval would establish a precedent for further similar development of other parts of this area.
R 2. The proposed development would have an adverse impact on the occupants of adjacent dwellings as a consequence of disturbance and loss of privacy".
4.3 Approval in principle to the layout of plots and roads, Land adjacent to Farmhill Manor, Ballaquark Estate, Douglas (Amended Resubmission) - 86/01382/A - APPROVED - 4.4 RECONSIDERED - Layout of new streets and sewers for residential development, Field 2043, Farmhill Lane, Douglas - APPROVED - 87/00912/B Adjacent site - 4.5 Erection of 16 dwellings with associated infrastructure and landscaping works (revised scheme to approved PA 18/00862/B) - 19/01408/B - APPROVED
4.6 Erection of 16 dwellings with associated infrastructure and landscaping - 18/00862/B APPROVED subject to the following conditions:
5.0 REPRESENTATIONS All comments received can be viewed in full on the Planning Departments website. - 5.1 Douglas Borough Council made the following comments (16.02.2021): "Following consideration of the planning application listed above, I can advise that Douglas Borough Council has no objection to the application. The Council gave consideration to the amendments that had been made to the original application and believes that the changes made could be considered as addressing many of the objections that had originally been made. The Council accepts that there will still need to be several legal agreements put in place regarding access rights to the proposed paths along with agreements over the ongoing maintenance of these public areas to ensure that the public can continue to benefit from the remaining woodland areas. The Council also notes that there will be a requirement for an agreement to be reached over the adoption and ongoing maintenance of a small stream/ditch as referenced within the comments made in the submission by the DOI's Flood Risk Management Division. Pending satisfactory agreements being reached the Council has no objection to the application." - 5.2 Highway Services have no objection to the application (18.01.2021) making the following comments: "Reference made to planning approval 19/01408/B
Accessibility: The site is considered to be accessible to sustainable forms of travel. The proposal enhances walking. This is welcomed. The proposed layout includes a 1.5m footpath for recreational purposes and connectivity to Lheannag Park on agreement. The width is above the minimum 1.2m. Details of the termination and connections will be necessary and a S4 Highway Agreement should the path be intended as highway maintainable at public expense after the grant of planning consent. Consideration should be given to paths to link the picnic tables from the street.
Vehicular Access and layout:
The proposal provides a north westerly extension of a 5.5m adoptable standard shared surface internal street to be formed under Approval 19/01408/B leading to a turning point and serving driveways and a layby. An upgrade to the junction with Farmhill Lane is approved under the earlier application too and would remain suitable to cater for the additional 12 units proposed under this application; although adjustments will be necessary to better accommodate buses.
The southern section of the proposed street has a width of 3.67m over a distance of 6.5m before widening to 5.5m to retain a tree. The width reduction is acceptable over short distances and would remain adequately sized for emergency and larger vehicle use. A swept path analysis using a waste collection vehicle as shown within the submitted Technical Note demonstrates that turning is satisfactory too. Additionally, suitable manoeuvres are shown for a large car too. The proposed layby for visitor parking is to be positioned south of plot 17 and is suitably dimensioned at 6 x 2.4m A separate s4 Highway Agreement would apply to this section as well
Plot driveways suitably dimensioned for shared use between vehicles and pedestrians with most having side by side car parking at 6.5 x 6.0m. Plot 17 has a longer driveway for a tandem arrangement at 11 x3.4m, and Plots 18 and 19 have one 3.4m width driveway and the adjacent one at 2.5m which would remain adequate. The proposal shows integral garage for nine units. These are below recommended size of 6 x
the five bedroomed units. These would allow parking for small vehicles or serve as storage for bicycles and other items. Electric vehicle charging points should be considered.
There is space for waste bin storage for street side collection. Parking: The proposal identifies a total of 26 car parking spaces with each plot having two 'open' car parking spaces per unit compliant with Strategic Plan standards. Two others are formed by the layby. Acceptable storage for bicycle parking is to be provided by way of garages for nine units and within sheds for the three units without garages. Transport Assessment: The submitted Technical Notes provides an assessment of the proposal in terms of accessibility, layout and expected traffic impact of the proposal. It is acceptable. Traffic Impact The proposal is predicted to increase vehicles by eight vehicles in each morning and afternoon peak hour equivalent to one vehicle per six minutes, adding a small amount to the 10 two-way peak hour vehicular traffic movements proposed under 19/01408/B which would be within the limits of materiality not to cause undue highway efficiency issues on the approved upgrading of the Farmhill Lane junction. Road Safety: The proposal does not give rise to significant road safety issues. The submitted Stage 1 Road Safety Audit and the Designer's response raised an issue with the potential kerb height south of the proposed layby as being too high to cause a trip hazard. This is to be resolved on lowering it at the detailed design stage. This should be in order. The matter is further safeguarded at the next stage when a Stage 2 RSA would be undertaken as part of the street highway adoption process under a s4 Highway Agreement. Conclusion: As drawn the proposal is satisfactory in highway terms for Highway Services to raise no opposition subject to conditions to cover the extension of the street, driveway access, driveways, hardstanding for car parking to accord with Drawing No. 122 rev A; footpath to Drawing No 128 with details required of terminating and connecting points; garages and sheds for bicycle parking. An advisory to apply too for a s4 Highway Agreement adoption of streets and paths. Recommendation: DNOC"
5.3 Department of Infrastructure - Public Estates and Housing Division made the following comments (08.01.2021); "We refer to the aforementioned planning application, and we can confirm that we have looked
Current data drawn from Housing Division records for Douglas and the East indicates that there are 222 persons on the general public sector waiting list for affordable housing to rent. There are also 33 persons on the Active first-time buyers register seeking to purchase a first home in Douglas, and 117 on the Total first-time buyer register. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation.
The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable
housing, based upon the usual calculation of 25% of the number of units approved within the application. The Department can confirm that the Proposed Site Plan indicates that three dwellings, Plots 17-19, are identified as being suitable for affordable housing.
Thank you for giving us the opportunity to comment on the application."
5.4 The Ecosystems Policy Officer (DEFA) comments (21.01.2021); "The DEFA Ecosystem Policy Team confirms that the Preliminary Ecological Appraisal (PEA) submitted with this application is in order and an appropriate level of assessment has been undertaken.
5.5 The Senior Forestry and Arboricultural Officer (DEFA) makes the following comments (26.01.2021): "This application replaces application 20/00824/B which was withdrawn before it was determined. In terms of the arboricultural impact/ issues this development is very similar.
The Directorate's comments on this previous application are attached for reference. I am pleased to report however that the amendments presented in this new application have addressed all of the Directorate's objections. These were:
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site
Reason: Required to safeguard and enhance the character and amenity of the site and locality by ensuring compliance with the tree protection and arboricultural supervision details submitted
under condition 2 and to ensure that professional technical advice is on hand to deal with problems that arise or modifications that become necessary
Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.
If you have any questions in respect of these comments please do not hesitate to contact me."
5.6 Inland Fisheries Foreman (DEFA) seeks Development within 9 Metres of a Watercourse' form be completed (19.01.2021).
5.7 Manx Utilities (Drainage) comment (03.03.2021); "We have reviewed the above application and apart from some minor comments are happy with the proposals. Please be advised that there are some minor tweaks needed on the drainage layout, these are as follows: MU will not permit pumping mains to connect directly to the proposed public foul system, these will need to connect into a discharge chamber before connecting by gravity into the foul system. The SW system can be rationalised with at least one manhole being removed. These amendments can be agreed post planning and updated and submitted as part of the Section 8 agreement (this will not be a section 4 agreement as Hartford have suggested) prior to work commencing. If I can be of any further assistance please do not hesitate to contact me"
5.7 Department of Infrastructure Flood Risk Management Team made the following comments; "DEFER The flood risk assessment has been reviewed and our input has been deferred pending further information:
5.8 A number of private representations have been received from the following addresses:
5.9 Capt. Paul Quine MHK for Douglas South objects to the application which can be summarised as (31.01.2021); I have been contacted by numerous people who are fearful of the consequences should this application be allowed. Amongst the issues raised are the environmental impact to the area, seeing the felling of up to 150 mature trees and the decimation of any habitat for wildlife which would occur, resulting in irreparable damage to the local biodiversity; In addition the construction would see significantly increased traffic volumes around Lhennag Park, Farmhill, lower Anagh Coar and Saddlestone, resulting in a severe degradation in the quality of life of residents, particularly elderly residents who wish to cross from Anagh Coar into Lhennag Park at the junction of Cushag Road and Annacur Lane; The construction of 12 dwellings would also result in an acute deterioration of the outlook from the existing properties in Farmhill Lane, Ballaughton Meadow, Lhennag Park, Harcroft Meadow, Pinehurst Avenue, Manor Woods and Farmhill Park as a consequence.
6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) affordable housing provision; (f) open space provision and (e) potential impacts upon trees/wildlife. PRINCIPLE OF DEVELOPMENT
6.2 The first issues relates to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential use and therefore the proposal for additional residential development is acceptable.
6.3 The Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 2440 new dwellings are required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings are required over this same period throughout the Island. Given Douglas is regarded as the "Main Employment and Service Centre" on the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in within and around Douglas.
6.4 The Planning Inspector for the Area Plan for the East has revisited these housing numbers and now the amount of dwellings in the East has initially been reduced to 1500, albeit including the Strategic Reserves sites this gives a total of 2440 new dwellings as initially suggested by the IOMSP. The site in questions was not specially allocated in the housing number (not all sites are). However, the fact remains the land is designated as "predominately residential" use. The adjacent site (approval for 26 dwellings) was considered by the Inspector during the Area Plan process. A "Notional Number of Dwellings" of 10 was given on this site; however, this did not necessary mean that only 10 can be approved. 16 had already been approved on the site and the very meaning of the word "Notional" is not an absolute. Further, the whole purposes of undertaking this assessment are to ensure that there is sufficient land designated to meet the housing needs throughout the East of the Island. It would be extremely difficult, if not impossible; to give precise housing number on each site; as generally only once a detail application has been submitted and considered all the issues can a judgement be made. Furthermore, during the Area Plan Process not all sites are precisely allocated, rather are 'washed over', in this case the site was washed over in pink colour on the maps to identify residential designation. This designation is a continuation of the Douglas Local Plan 1998 land use designation which also designated it as "predominately residential".
6.5 In terms of the Area Plan process and the Inspector report, it is importantly to note, the Inspector also commented that; "I consider the priority should be given to development of land allocated for residential development within existing settlements. That would provide about 560 dwellings as shown in table 1 below….". While the current application site was not included within this table, it is within an area allocated as residential and within an existing settlement. - 6.6 In terms of the density of the application site and that of the surrounding housing developments it is important to note the guidance within the Residential Design Guide 2019. This indicates that: "Land is a finite resource and it is important to strike a balance between the need to make best use of land (i.e. by maximising densities, so that as many dwellings as possible can be provided on the least amount of land thus reducing the need to develop new areas) and the need to make sure that new developments are attractive and fit-for-purpose. The Site Assessment Framework for the Area Plan for the East contained broad assumptions about typical densities for different locations and types of developments, and these can provide a helpful starting point. However, these should not be taken as targets. In reality, the development that takes place may be of a higher or lower density and, as determined by the context of the site and/or the location." - 6.7 The Residential Design Guide indicates that:
6.8 In this case the application site (without the woodland being excluded) would represent 24.61 dwellings/hectare. Including the woodland (it would be public open space) the site is 12.8 dwellings/hectare. The adjacent housing development (Farmhill Grange Development) which is current under construction and would link into this proposed development represents 26.47 dwellings/hectare. - 6.9 Regarding neighbouring developments in the area:
6.10 An argument in favour of the proposed development is that considering the density of the site against these other housing sites, the density in the main would appear to fit well with the existing housing densities in the area, and namely with the Farmhill Grange Development which this development essential form part of. - 6.11 A counter argument is that Farmhill Park to the west/northwest of the site less dense development (6.24 dwellings/hectare) and refusal for three dwellings was refused in 1996 on the grounds that; "The proposed development would be contrary to the terms of the planning approval for the overall layout and use of this land (PA 87/0912), whereby the site formed part of an area of Private Open Space adjoining the stream course…".
6.12 However, since this refusal 25 years ago, there has been the Douglas Local Plan being adopted (1998) and more recently the Area Plan for the East 2020 which both designated the land as residential. Furthermore, the IOM Strategic Plan has been adopted in 2007 and updated in 2016 (Housing numbers only). The IOMSP and the Area Plan for the East main aims is to provide more sustainable development and in terms of new housing development which is required this is by located new housing in existing settlements. - 6.13 Strategic Policy 1 from the IOMSP indicates we should optimise the use of previously developed land and ensure efficient use of sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services. As Douglas is a "Main Employment and Service Centre", again it is considered the majority of dwellings would be located in and around this area, in line with sustainable objectives of the overall IOMSP, i.e. people living close to existing services/employment and have less reliance of cars. This site would fit well with that brief. The site is 0.49 hectares. It is close to good bus routes, near to local shops/pubs, surrounded by existing development to the South, West & Northwest, existing parks and playgrounds (Ballaughton Manor Park & Anagh Coar) are within a short walking distance to the east and south of the site. - 6.14 Accordingly, while the previous refusal is of material planning weight; it is a matter of balance whether this outweighs more recent planning policy which would appear to support the principle of residential development on this site. In this case it is considered the passage of time of the previous decision and more up to date planning policy which would support the development of land designated for development it is consider the principle of developing the site for residential development is acceptable. This is not an automatic reason to allow the planning application, as further material planning matters as indicated previously need to be considered, to determine if the 12 dwellings on the site is appropriate. THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA - 6.15 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. - 6.16 The site from public views would be generally well screened given existing properties surrounding the site namely those within Farmhill Park and the new dwellings within Farmhill Grange Development. There may be glimpses of the dwellings, albeit these will be limited and be seen in connection with existing residential properties which is the character of the area generally. - 6.17 The surroundings area's character is mainly of residential development and this proposal would just be a continuation of this existing character in a suburban location. While there is a significant amount of trees proposed to be removed, the trees in question from a visual perspective do not contribute significant to public amenity, as similar to the proposed dwellings, they are screened by existing built development in the area and landscaping within the area. The issue of the potential ecology issues by the tree removal will be consider later in this report. - 6.18 The site will become more apparent once it is completed, especially as the new public footpaths through the site and into the wooded area will provide new public vantage points. However, the boundary treatments of the dwellings, especially those fronting onto the wooded/public footpaths are proposed to be hedgerow/bank/mixture of the two, rather than the 1.8m timber fence as shown on the submitted plans. It is considered, especially in the longer term that a fence would appear as a hard barrier between the two areas, while a hedgerow etc. would be more in keeping. The applicants are happy for a condition to amend this boundary feature to a more suitable feature. However, in terms of the street scene, the design, layout, finishes and scale of the development would be appropriate.
6.19 It is perhaps also worth considering the density of the development as discussed earlier in this report and whether the density of this development is in keeping with the area. While density figures can be helpful in considering whether a site is appropriate level, it is perhaps more importantly to consider how a site actually fits in its context, especially when viewed in the public realm. Clearly the site density (24.61 dwellings/hectare) is greater than the adjacent Farmhill Park (6.24 dwellings/hectare); however, of built, the two area form public views are not going to be read as one, As mentioned from Farmhill Park, public views of the site would be limited by the dwellings within Farmhill Park and landscaping between each dwelling. The application site is more likely to be read in context with the Farmhill Grange Development (26.47 dwellings/hectare) which essential these 12 dwellings would form a continuation of, especially given the new public footpath links though both sites. Following this process through, the Farmhill Grange Development is publically viewed in context with Lheannag Park (36.76 dwellings/hectare) to the east and Woodland View & Appledene Court (47.03 dwellings/hectare) to the west. Accordingly, from the main public views of the application site, it is not considered that the proposed development would be out of keeping with the majority of hosing in the immediate area. - 6.20 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation (i.e. a garden), the impact to public views would not be significant and it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.
6.21 The third issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light. - 6.22 In terms of overlooking, the Residential Design Guide advises that a 20 metre gap between direct facing windows of habitable rooms should be retained. In this case all the proposed dwellings with direct facing windows towards neighbouring windows are greater than 20 metres. Nr 40 Farmhill Park is approximately 28+m away and Nr 39 Farmhill Park is approximately 34+m away both from the closest dwelling Plot 21. Further, the finished floor level of Nr 40 is set above the finished floor level of the dwelling on Plot 21 by approximately a storey in height (see Site Section Plan). Between the boundaries of the two above sites is existing landscaping varying in height, some of which would screen views of the site. However, there are sections where views from Nr 40 especially, but also Nr 39 would look towards the proposed new dwellings. - 6.23 Nr 40 Farmhill Park is a two storey detached property which has a total of six windows to its rear elevation that face towards the application site. All windows at ground floor (two of the three are French Doors) level serve primary habitable rooms (living rooms). The three upper widows serve bedrooms and a bathroom. A rear/side garden also faces towards the site. Around the garden boundaries is mature landscaping which varies in site, some block outlooks into the application site, where as others places there are open views over the site.
4.24 Nr 39 Farmhill Park is a part single/part two storey dwelling which is located to the northwest of the site. The finished floor level is set above the application site. To the rear, due to the ground level of this site the finished floor level of Nr 39 is set approximately a storey above the majority of the rear garden associated with this property. Accordingly, there is a rear raised terrace which has outlooks over the application site; albeit, the majority of views are screened by existing mature landscaping within the site, but also in large parts by the
significant leylandii hedgerow which runs along the northern boundary of the application site, which is proposed to be removed and replaced with a smaller hedgerow.
6.25 Visiting both these neighbouring properties when the previous application was made; there was concern that there would be an overbearing impact upon the neighbours outlooks, given there was a dwelling immediately to the rear of Nr 40 (on land which is now proposed to be open space). Due to this concern the applicants withdrew the application and have now changed the original scheme to reduce the impact. Without question the views and outlook from Nr 40 and 39 will change, from one of fairly open outlooks over the rear garden of Bix House and the trees/woodland within and beyond, to outlooks over a proposed are of open space looking towards the proposed dwellings. It should be noted that these outlooks are over the rear garden of Bix House, rather than the open countryside etc. and therefore it would have been in the owners of Bix Houses want to plant landscaping etc. to block such views, to increase their own privacy of they wished. The current proposal does include the planting of landscaping & trees in the area of open space which adjoin Nr 40 & 39 which again will reduce the appearance of the development from these properties, but such landscaping will take a number of years to establish. The CGI images provided show the tree in place, and it has been advised it would take 5 years to grow to the height shown. The concerns of the neighbours are understood and understandable, their outlook will change significantly as described previously. However, given the siting of the proposed dwellings in relation to existing properties; the design, scale and size of the proposed dwelling; the ground level differences between the neighbouring properties and the site; existing/proposed landscaping & tree planting; and the suns orientation (east to west); it is not considered the proposed dwellings would give result in a significant adverse impact upon the residential amenities of any neighbouring properties in the area, to warrant a refusal and comply with General Policy 2 and the Residential Design Guide. - 6.26 The applicants have also provided CGI images of how the development could appear as during the initial stage of completion and once the landscaping proposed as grown. These images are online and will be viewable at the Planning Committee meeting. It should be noted that one of the annotations is incorrect. Annotation "B" taken from Nr 39 Farmhill Park is from the lower rear garden of this property, rather than the position of the "B" which is positioned on the raised terraced area. Members should note this when considering this image. Essentially, only the annotation is incorrect on the site plan. - 6.27 Overall, whilst the proposed development will have an impacts upon existing surrounding neighbouring properties and the neighbours' concerns are understandable, it is considered for the reasons given, the proposed development would not have such a significant adverse impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP and the Residential Design Guide. POTENTIAL IMPACT UPON HIGHWAY SAFETY - 6.28 The site would be linked into the existing estate road of Farmhill Grange Development and also utilise the same entrance onto Farmhill Lane which was approved previously for the Farmhill Grange Development. This access has viability splays of 2.4m x 25m metres in both directions, as requested by Highway Services (as approved previously). Furthermore, no objections have been made from Highway Services in terms of traffic generated by the development. - 6.29 In terms of off street parking provision the IOMSP requires each dwelling to be provided with two off road parking spaces. All the properties would have at least two off road parking spaces. - 6.30 The new public footpath which runs from the new estate road through the woodland area to the Lheannag Park estate would be constructed to an adoptable standard and DOI have indicated they would adopt them as well as the estate road itself. The "woodland loop"
6.30 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 4 affordable units would generally be required. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide 4 dwellings onsite (plots 17, 18 & 19). A Section 13 Legal Agreement will need to be agreed. OPEN SPACE PROVISION - 6.31 Recreation Policy 3 indicates that where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan. - 6.32 The proposal would provide in three areas of open space which would be adopted by DBC. In total the proposal would provide 1032sqm. The required amount is 1044sqm. Therefore there is a shortfall in the amount of POS being provided of 12sqm. The applicants, Department and DBC have agreed a commuted sum payment in lieu of the public open space of £10,296. Further, it should be noted that the 1044sqm does not include the woodland area which is 4495sqm in area. While this area is to remain in private ownership (either applicants and/or third parties) it is proposed to be publically accessible (Section 13 Legal Agreement) with the applicants providing the public boardwalk path through the woodland. Accordingly, while there is a 12sqm under provision, given the provision of the woodland path (a new feature in the area) which is publically accessible; and with the commuted sum payment of £10,296, it is considered the proposal would comply with Recreation Policy 3. - 6.33 It should be noted that there are two areas of POS (larger open areas of grass/fields (albeit not formally laid out as sport pitches) and two children's play areas within a few minutes (under 5 mins) walk away. Accordingly, the Department was content that more formal POS (sports pitches etc.) or children's play area were not required on this site, give the site is within safe walking distance of such provision. - 6.34 Overall, it is considered the proposal would meet the aims of Recreation Policy 3.
7.1 The proposed application requires a balanced decision, against the scheme is the amount of tree loss/ecology impacts, while the proposed application does provide mitigation, it is just that, mitigation. Clearly if the only aspect to consider was this then the application would likely fail. However, it is not. The site is designated for residential development, which is within Douglas which is the main settlement for housing, services, education, shops, employment & public transport and the most sustainable town on the IOM. The aims of the IOM Strategic Plan and the Area Plan for the East both promote sustainable developments which can utilise existing services and have good transport links. Clearly, therefore the principle of developing the site for residential development weight in favour of the application. Added to this the proposal provides good and usable public open space provision, good footpath connections and introduces a woodland path which will be beneficial to all residents in the area. There will be an impact upon neighbouring amenities compared to the current situation; and while the concerns of the neighbours are understandable, it is not consider the impacts of this proposal are so significant to warrant a refusal.
7.2 In conclusion; on balance, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2019 and the Area Plan for the East 2020 and therefore it is
8.1 As noted within this report there are three matters which require a Section 13 Legal Assessment. The first being affordable housing provision which in this case will result in 3 dwellings on site. The second relates to Public Open Space which includes onsite provision and a figure of £10,296 in lieu of the shortfall of onsite provision, which has been agreed with Douglas Borough Council. Thirdly, the public boardwalk path through the woodland should be provided at certain stage (i.e. before the occupation of the 7th dwelling), public access should not be restricted and boardwalk shall be maintained to ensure it is safe and useable for members of the public to use, all by the owner of the site. All are considered acceptable. - 9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2013, the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. _______________________________________________________________
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…24.05.2021
Signed :………S BUTLER……….. 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 See below
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This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 20/01531/B Applicant : Hartford Homes Ltd Proposal : Erection of 12 residential dwellings with associated infrastructure and
landscaping
Site Address : Bix House And Land To Rear Farmhill Lane Douglas Isle Of Man IM2 2EB Principal Planner : Mr Chris Balmer Presenting Officer S BUTLER Addendum to the Officer’s Report
In the absence of the case officer, Mr Butler amended the recommendation in relation to condition 7 to require the landscaping along the boundaries with neighbouring properties be carried out sooner, advising the Members with regard to the proposed planting scheme.
The amended condition 7 to read -
"C7. All tree planting shall be carried out in accordance with the BS8545:2014 Planting Proposal report and drawing MP-101220 prepared by Manx Roots and submitted in support of this application.
The planting (Trees and Hornbeam Hedge) along the boundary of Nrs 39 & 40 Farmhill Park shall be carried out in accordance with the above Planting Proposal Plan within first planting season following commencement of the development unless otherwise approved in writing by the Department.
The remainder of planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed.
Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs. "
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