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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of a parcel of land that is located adjacent to Groudle Road in Onchan. The proposed development comprises of the erection of six dwellings on the application site. PLANNING HISTORY
There have been three previous planning applications that I consider material to the assessment of this current planning application.
Planning application 97/00772/A sought approval in principle for the residential development of a wider area of land that included the application site for the current planning application. This previous planning application was initially considered and refused on the 19th September 1997, with the initial refusal decision notice issued on the 22nd October 1997. The Planning Committee confirmed the refusal at review on the 4th February 1998, with the review refusal decision notice issued on the 6th February 1998. On appeal the Minister subsequently accepted the recommendation of the appointed Planning Inspector and approved the planning application, with the appeal approval decision notice issued on the 2nd December 1998. The detail of this previous planning application is somewhat complex but in terms of the application site the appointed Planning Inspector concluded that the correct means of controlling development was through a Section 18 agreement. Such a agreement was signed by the relevant parties on the 23rd November 1998. The development proposed by the current planning application recognises and accords with the legal agreement.
Planning application 99/00430/B subsequently granted approval fro the residential development of 67 plots on the application site for 97/00772/A. This previous planning application was initially considered and approved on the 6th August 1999, with the initial approval decision notice issued on the 20th August 1999. The Planning Committee confirmed the approval at review on the 8th October 1999, with the review approval decision notice issued on the 19th October 1999. On appeal the Minister subsequently accepted the recommendation of the appointed Planning Inspector and approved the planning application, with the appeal approval decision notice issued on the 5th May 2000. This planning application included the erection of 61 dwellings with the six unaccounted dwellings relating to six plots that are basically the same as the application site for the current planning application.
Planning application 05/00737/B sought approval for the erection of six dwellings on an application site that is slightly larger than the application site for the current planning application. This application was initially considered and refused on the 18th November 2005, with the initial refusal decision notice issued on the 2nd December 2005. This grounds for refusal relate to encroachment into designated open space defined under the Onchan Local Plan and encroachment into land designated as public open space under a previous legal agreement. The Planning Committee resolved to confirm the refusal at review on the 17th March 2006, with the review refusal decision notice issued on the 21st March 2006. The refusal is currently due to be the subject of an appeal hearing, although in agreement with the applicant this has been deferred pending the outcome of the current planning application.
Onchan District Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division do not oppose the development proposed by the planning application subject to the imposition of conditions.
Manx National Heritage comment on the development proposed by the planning application. They suggest that it is important that the river and trees are not adversely affected by the proposed development.
The Manx Electricity Authority makes no comment on the merit of the development proposed by the planning application but request that an informative note be attached to any approval decision notice.
The Isle of Man Water Authority make no comment on the merit of the development proposed by the planning application but request that an informative note be attached to any approval decision notice.
The Isle of Man Fire and Rescue Service make no comment on the merit of the development proposed by the planning application but recommend that the applicant discusses fire precaution measures with them.
The Disability Access Officer makes no comment on the merit of the development proposed by the planning application but request that the needs of disabled access are taken into account.
The owners and/or occupants of 27 Windermere Drive comment on the development proposed by the planning application. They make reference to previous planning applications, advise that if the proposal not longer requires alteration of the legal agreement that their main area of concern has been addressed, refer to the need to consider the provisions of Planning Circular 8/89, discuss the need to consider the footpath link and suggest that boundary treatment needs to be properly considered.
The owner and/or occupant of Seacliffe, which is located in Braddan, states that they have no objections to the development proposed by the planning application.
Under the Onchan Local Plan the application site is part zoned as low density housing in parkland and part zoned as open space (private woodland or parkland). The application site forms part of housing area 6, which comprises of the land between Lakeside and Groudle Glen. Policy O/RES/P/4 of Planning Circular 1/2000, which forms the written statement to be read in conjunction with the Onchan Local Plan, states:
"Development of the piece of land which lies between the site referred to in 4.14 and 4.47 above, Groudle Glen, Groudle Road and the bridge over Groudle River will be considered acceptable for low density housing in parkland in accordance with Planning Circular 8/89 and where no development is erected within 80 metres of the Groudle River. The boundary between the site and Groudle Road must be formed by a sod hedge – either that which currently exists or one reconstructed as part of the development. The site must also have on its northern part a significant area of public open space contiguous with that proposed as part of the development of the adjoining land."
The Department's guidance on low density housing in parkland is set out by Planning Circular 8/89.
In terms of assessing the development proposed by the planning application I consider it material to have regard to the relevant planning history, the Onchan Local Plan and Planning Circular 8/89.
Unlike previous planning application 05/00737/B the proposed residential development element of the planning application is contained entirely within the area zoned as low density housing in parkland. As such at a base level the development proposed by the planning application overcomes the main reason for refusal of previous planning application 05/00737/B. A consequence of achieving this is that some of the proposed plots are less than the 1 acre minimum that is specified by Planning Circular 8/89. As with many parts of the consideration process the provisions of Planning Circular 8/89 are another material consideration and it remains necessary to assign relevant weight to its application. In view of the findings of the previous planning applications, the zoning of the land in comparison to the legal agreement designation, the positive effect on the public footpath and the actual appearance of each plot in the wider landscape I am satisfied that the size of the plots are acceptable. In reality I believe that the properties will for all intents and purposes appear to read as low density housing in parkland when viewed from the surrounding area.
In terms of the specifics of each plot and the design of the dwellings I am satisfied that the properties do not adversely affect existing public or private amenity.
In conclusion, I believe that the development proposed by the planning application overcomes the concerns of previously refused planning application 05/00737/B and is therefore acceptable. Accordingly, I recommend that the planning application be approved.
I consider that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
The Isle of Man Water Authority; The Isle of Man Fire and Rescue Service; and The Disability Access Officer.
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owners and/or occupants of 27 Windermere Drive; and The owner and/or occupant of Seacliffe.
Recommended Decision: Permitted
Date of Recommendation: 10.07.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s 2061.4.01, 2061.4.03, 2061.4.05, 2061.4.06, 2061.4.07, 2061.4.08, 2061.4.09 and 2061.4.10 date stamped the 18th April 2006.
C 3. Prior to the commencement of development details of the colour and material finishes to be used in the construction of the external elevations of the development must be submitted to and agreed by the Planning Authority.
C 4. Prior to the commencement of development drawings detailing minimum visibility spays of 2.4 metres by 25 metres for the vehicular accesses into each plot must be submitted to and agreed by the Planning Authority. Thereafter prior to the occupation of each dwelling the relevant vehicular access must be set out in accordance with the agreed detail and be capable of use.
N 1. For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958.
N 2. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.
N 3. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
There are Underground Cables/Overhead Lines present in the area indicated in your planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687705) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.
Contact the M.E.A. 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.
N 5.
Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Decision Made : ... Committee Meeting Date : ...
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