DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/00844/B Applicant: Mr James & Mrs Michelle Mylchreest Proposal: Erection of a detached dwelling and detached garage with living accommodation above Site Address: Part Field 324226 Adjacent To Ballagarey Lodge Main Road Glen Vine Isle Of Man Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.10.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of the development hereby approved, the protection measures detailed in drawing 4, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise. Within the 'Tree Protection Zones' identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• C 3. Prior to the commencement of the development hereby approved a tree planting plan shall be submitted to and agreed in writing by the Department. The tree planting shall take place as agreed and any tree(s) which, within a period of 5 years from its first planting, is removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Department gives written consent to any variation.

The plan should adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and should include the following details:

• (a) the exact location, species, nursery specification and planting specification of each tree to be planted.
• (b) the approximate date when they are to be planted
• (c) how they will be maintained until successfully established.

Reason: to mitigate the removal of an existing cherry tree and ensure the amenities of the area are maintained in the long term.

• C 4. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 5. There shall be no obstruction to visibility greater than 1 metres above adjoining road level forward of a line drawn 2 metres back from the nearside carriageway edge at the centre line of the access and extending 43 metres in either direction. Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times. Reason: In the interests of highway safety.

N 1. The applicant is advised that there are Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

This application has been recommended for approval for the following reason.

The application is considered to accord with Strategic Policy 1, Strategic Policy 2, General Policy 2, Transport Policy 6, Transport Policy 7 and Environment Policy 42 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received 19 July 2021;

• o Planning Statement
• o Photographs
• o Proposed Dwelling - Drw. 1
• o Proposed Garage - Drw. 2
• o Site Plan as existing - Drw. 3
• o Site Plan as proposed - Drw. 4
• o Location Plan - Drw. 5, and
• o Site Plan with Levels Sections and Scene Elevations -Drw. 6, received 19 October 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises of a parcel of land which is part of Field 324226, Main Road, Glen Vine. The site is located between existing residential developments with Ballagarey Lodge situated on the northwest boundary, while Creg Malin is situated on the southeast boundary. The rear of the site, like the other residential properties on this side of Glen Vine abuts agricultural fields. The site frontage is bounded by a Manx stone wall (about 950mm high) which opens up at the field access which has stone pillars with bevelled tops (about 1.2m high). - 1.2 The site is mainly characterised by a flat parcel of land with some mature trees scattered along the northeast, southeast and southwest boundaries. The southeast and northwest boundaries have established hedges about 1.2m high running along their entire stretch. The southwest boundary has a 1.3 m high timber post and rail stock fence to field which abuts the site. - 1.3 The character of the streetscene is a varied one consisting of detached, semi-detached houses, bungalows, mostly residential and some commercial uses integrated in the mix.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of a detached dwelling and detached garage with living accommodation above. This hip roofed dwelling is a two storey dwelling of modern form but with a traditional chimney that mirrors the appearance of majority of the dwellings in the area. The dwelling would have a width of 13m and a depth of 8.5m, with an attached single storey section 3m wide and 4m long. The dwelling would sit on the southeast section of the site about 9m from the boundary with Creg Malin to the southeast and 9.3m from the boundary with the field. Solar panels would be installed on southern roof plane. - 2.2 Also proposed is a detached garage that would be 8m wide, 7.5m long and 6.9m high (3.3m to eaves). This building would have a double garage on the ground floor and a games room on the first floor. The garage would have a roller shutter door 4.8m wide and 2.8m wide, and a window on the front elevation, while a glazed double door and pedestrian access door would be installed on the first floor and ground floor rear elevation respectively. A metal staircase with handrails situated on the rear elevation would provide access to the first floor of the garage. Four rooflights would be installed on the roof of the garage. - 2.3 The external walls of the buildings (dwelling and garage) would be finished in painted smooth cement render, whilst the roofs would be finished in slate or slate-like roof material. All the windows would be Anthracite colour double glazed windows set on substantial concrete sub cills.

2.3 Other works proposed include:

• 2.3.1 Creation of a patio area at the rear of the dwelling. The patio area would be 11.4m wide and extend 4m from the rear of the dwelling. This patio area would be 480mm high at the highest point and have flag steps leading to the rear garden.
• 2.3.2 Creation of a driveway and parking area with car parking situated in front of the dwelling. This parking area can accommodate tandem parking for 4 cars. The new vehicular

access onto highway will be created with visibility sight lines (2.4 x 43 metres in both directions). All structures vegetation within sight line zones to be reduced to max 1 metre height from adjacent road level.

• 2.3.4 The existing gate pillar situated close to Creg Malin to be reduced to 1 metre high from adjacent road level. This gate access is to be retained for use by "Manx Utilities" drainage authority to maintain foul sewer which passes through site.

2.4 A tree along the site frontage would be removed to facilitate construction of the new access and will be replaced elsewhere on site. - 2.5 The applicants have provided additional information in the form of a Planning Statement which sets out issues of land ownership of the site and abutting sites, details of site history, the site context in terms of designation within the Area Plan, site topography, constraints (in terms of proximity to overhead power lines and sewer lines crossing the site), and the fact that the site is not prone to flood risk. This Statement also describes the development in detail, addresses highway matters and relationship of the development with trees on site. Similarly, the statement makes reference to the proposed dwelling incorporating renewable energy sources and complying with current SAP standards, although no details are provided as to how these would be achieved, besides the inclusion of solar panels on the roof of the main dwelling.

- 3.0 PLANNING POLICY

3.1 The site is situated within an area designated as 'Predominantly Residential' use on the area plan for the East (Map 10). The site is not within a Flood Risk Area as indicated on the Indicative Flood Maps or within a Conservation Area. As well, the site is not within a Registered Tree Area and there no protected trees on site. The site is, however, situated within close proximity to high voltage overhead power lines in the adjacent field, running parallel to the rear boundary of the site, which requires a minimum 9 metre wide clear safety corridor. The following Strategic Plan policy is, therefore, relevant: - 3.2 General Policy 2 states in part: 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:

• (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;

• (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;

• (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.

3.3 Energy Policy 2: Land within 9m either side of an overhead High Tension power cable will be safeguarded from development.

3.4 Other relevant policies within the Strategic Plan include:

• 3.4.1 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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.

• 3.4.2 Strategic Policy 2: 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.
• 3.4.3 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
• 3.4.4 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
• 3.4.5 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement

• 3.4.6 Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour.
• 3.4.7 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.
• 3.4.8 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources.
• 3.4.9 Transport Policy 6: 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.
• 3.4.10 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. "Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.0 on new homes, 3.3 on transport issues, and 7.0 which deals with impact on neighbouring properties, are considered relevant to the current scheme. The following paragraphs are p-particularly relevant:

4.2 "3.1.3 New residential development should be informed by the best qualities of our existing residential areas. However, this does not mean that all new residential developments should seek to replicate the appearance of older ones, and good quality contemporary design is encouraged.

• 3.1.4 Nevertheless, it is important that the design of new residential developments, including their scale (including height), form, layout/orientation, and detailed design (including the materials used) is informed by and respects both the nature of the development site and the character of the neighbouring buildings and surrounding area.
• 3.1.5 The character and context of any residential development is created by the locally distinctive patterns and form of development, landscape, culture, and biodiversity. These elements have often built up over a considerable time and tell a story of the site's history and evolution - the creation of a 'sense of place'.
• 3.1.6 The character and context of a site should influence design positively so that development does not simply replace what was there but reflects and responds to it, for example by allowing the long-term retention of existing mature landscaping features such as trees or water features.
• 3.1.7 The initial site context should also identify established building heights, lines, and orientation of buildings that are adjacent to the site and should have a positive relationship with established housing and other development, including ease of pedestrian and vehicular movement sought to deliver high quality sustainable development that reflects up-to-date technologies and aesthetics and creates a strong "sense of place".

4.3 7.2: Main Considerations "7.2.1 There are some common issues in relation to impact on neighbouring properties which may apply to both new dwellings and extensions to dwellings, and these are:

• o potential loss of light/overshadowing;
• o potential overbearing impact upon outlook; and
• o potential overlooking resulting in a loss of privacy".

- 5.0 PLANNING HISTORY

5.1 The application site has not been the subject of any previous planning application, and there are no previous planning applications within the vicinity which is considered to be materially relevant in the assessment and determination of the current application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the proposal raises no significant road safety or highway network efficiency issues. Therefore, they raise no objection to the proposal subject to all vehicular access arrangements, including visibility splays, to accord to drawing No.4 (11 August 2021).

6.2 DEFA's Senior Arboricultural Officer has stated that the tree marked for removal in the north-western corner of the plot is a mature cherry tree which contributes to the character of the area and the street scene. However, due to its limited size, the amenity value of the tree is only moderate and as such there are no objections to its removal. He recommends that replanting is sought to mitigate this loss.

Further recommendations include: One specimen tree should be planted at the front of the property (planted outside of the visibility splay and far enough back so as not to affect site lines in the future). An example of how the tree should be planted on the site is provided.

He further states that the proposed site plan (drawing no. 4) shows protective measures for the retained trees and although some detail is missing this could be addressed through a condition. Two conditions were recommended in the event the application is approved (11 August 2021).

6.3 Marown Commissioners have stated that they have no objection to the application in a letter dated 19 August 2021. - 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The key considerations in the determination of the application are:

• i. the principle of the development;
• ii. the visual impact on the character and appearance of the site and wider surroundings;
• iii. the residential amenity of neighbours; and
• iv. potential impact on highway safety for access/parking provision.

7.2 Principle of Development

• 7.2.1 In considering the acceptability of the principle of the proposed development, it is noted that there is a presumption in favour of the development as set out in GP2, in terms of complying with the land-use designation, subject to the works not having any adverse impact on other key consideration identified in 7.1 above.
• 7.2.2 Consideration should also be given to Strategic Policies 1 & 2 of the Strategic Plan which require that new dwellings be located within existing towns and villages or their sustainable extensions; being located so as to utilise existing and planned infrastructure, facilities and services and development should optimising the use of previously developed land. This proposal would meet these aims which essentially seek development within exiting settlements rather than the countryside.

6.4 Accordingly, given the above reasons it is considered that the principle of developing the site for residential development is acceptable. It is also considered the area of the site is large enough to accommodate the proposed development. This is not an automatic reason to allow the proposal as the other matters listed within paragraph 7.1 of this report still need to be considered and be considered acceptable. - 7.3 Design and Appearance

• 7.3.1 As noted in section 3 of this report, General Policy 2 of the Isle of Man Strategic Plan 2016 requires that development proposals respects the site and surroundings in terms of the siting, layout, scale, form, design, and that a development should not affect adversely the character of the surrounding landscape or townscape.
• 7.3.2 The proposed dwelling and garage would respect the spacing among buildings within the locality, dominant building height for buildings over one storey, have a hipped roof and pitched roof which fits in with the locality, would have well laid out garden areas well linked to the surrounding fields, properly landscaped site with sufficient parking provisions, painted render and slate roof finish; features which would ensure it would be seamlessly integrated into the character of the site and locality.
• 7.3.3 Overall, the proposed development would respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around

• them, and as such would comply with General Policy 2 of the Strategic Plan and the requirements of the Residential Design Guide 2021.
• 7.4 Impact on the neighbouring living conditions

• 7.4.1 In terms of impacts on neighbouring dwellings, the property most likely to be affected by the proposal is Creg Malin to the southwest, given that the new dwelling would have a first floor window (from the lounge) with views to this dwelling at a distance of about 14.5m. However, any impacts are diminished by the fact that this neighbouring property has a number of windows with views to the proposed building at the same distance. Besides, there is a cluster of trees and hedging along this boundary which serves to diminish any impacts on this neighbouring dwelling.
• 7.4.2 In considering the possible impacts on the property situated directly northwest (Ballagarey Lodge), it is considered that the main dwelling on this property is situated about 26m from the two storey element of the proposed dwelling, with only the detached garage on this property situated within 18m from the first floor section of the new dwelling. Besides any views to the window on the southeast elevation of this neighbouring garage would be screened by the proposed double garage on the application site, and as such the scheme would not result in overlooking of this garage. It is also considered that the nature of the boundary treatment (low hedging) which allows intervisibility between both dwellings would further diminish overlooking along this boundary.
• 7.4.3 Based on the foregoing, it is noted that, while there is a greater potential for impacts in terms of overlooking than what is currently obtainable on both neighbours, it is considered the potential of overlooking is not so significant to warrant a refusal, for the reasons given.
• 7.4.4 In terms of overbearing impacts and loss of light; it could be argued that the separating distance between the proposed dwelling and its neighbours, as well as the scale and size of the proposed buildings would ensure that there are no detrimental impacts in this regard. Accordingly, the proposal is acceptable in terms of overbearing impacts and loss of light.
• 7.5 Potential impact on highway safety for access/parking provision

• 7.5.1 Highway Services have considered the application in detail as outlined in their representations and raise no concerns. They also consider the new access provision and provided visibility acceptable, subject to all vehicular access arrangements, including visibility splays, according to drawing No.4.
• 7.5.2 Any new dwelling requires at least two off road parking space and turning provision. The proposal exceeds these requirements in providing four parking provisions on the hard standing area and two within the garage. There is also sufficient provision in terms of allowances for pedestrians around parked vehicles on the site. As such, the proposed scheme complies with Transport Policies 6 and 7 of the Isle of Man strategic Plan.

7.6 Other Matters

• 7.6.1 With regard to other issues that should be considered in the assessment of the scheme, it is noted that the site is within 9m to the east of an overhead high tension power cable, where it is required that it be safeguarded from development. It noting this constraint, the scheme has been set out such that the dwelling, as well as the patio area to the rear is outside of the 9m buffer. The proposed detached garage is also set outside this boundary. Whilst it is noted that part of the rear garden would be within this (18m buffer) boundary, the main living areas are set outside this boundary, as the neighbouring properties on this side of Glen Vine. As such, it is considered that the proposed development complies with Energy Policy 2 of the Strategic Plan.
• 7.6.2 No other concerns have been noted.

- 8.0 CONCLUSION

8.1 Accordingly, given the nature of the proposed works and the fact that the proposed works would have limited impacts on the application site, the street scene or neighbouring amenity, it is considered that the proposed would not have detrimental impacts on the character of the site and street scene. It is also noted that the design and finishing of the dwelling would not compromise the energy efficiency of the dwelling. - 8.2 It is, therefore, concluded that the development proposed is acceptable when assessed against the relevant policies and the existing built environment context. It is recommended that the planning application be approved. 9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 02.11.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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