DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/00858/B Applicant: Mr Anthony White Proposal: Erection of a detached dwelling with integral garage Site Address: Plot South Of Shandrum And Adjacent To Existing Stables / Agricultural Building Glen Auldyn Ramsey Isle Of Man IM7 2AF Principal Planner: Mr Chris Balmer Site Visit: 18.08.2021 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 25.01.2022 _________________________________________________________________

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. 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 3. Prior to the occupation of the dwelling hereby approved, the visibility splay(s) identified on drawings SM20/516/3 and 01 REV A; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 4. For the avoidance of doubt no approval is hereby given for the installation of a foul drain along the northern boundary of the site as shown in drawing 2009i/01/REV B, unless otherwise agreed in writing with the Department. Reason: ensure the protection of mature trees along the northern boundary of the site.

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

Overall, it is considered that the development contained within the proposal is appropriate and in keeping with the character of the street scene and neighbouring dwellings, with suitably limited impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity. It is therefore in accordance with the IOM Development Plan Order 1982 and the relevant policies of the IOM Strategic Plan.

Plans/Drawings/Information;

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

21.07.2021

- SM20/516/2

- 01 PLANNING STATEMENT

25.10.2021 01 REV A SM20/516/3 20.01.2022 2009i/01/REV B _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following organisation should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:

Manx National Heritage _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 SITE - 1.1 The application relates to a parcel of land within Glen Auldyn, which currently forms part of an agricultural/equestrian holding, albeit now appears redundant. The site currently accommodates a lunging ring (circular in footprint) and is adjacent to an agricultural barn to the west of the application site and beyond two detached buildings (brick building and Manx stone) which are used as stables for horses. The application site is south of the residential dwelling Shandrum and north of the residential dwelling Hazelmere. - 1.2 The site is access via an existing entrance directly onto the Glen Auldyn Road. The entrance and access lane serves the existing stable buildings/modern barns, but also the application site which is to the rear of these buildings and also a private lane which provides access to the underground reservoir to the east of the site above Glen Auldyn.

- 2.0 PLANNING POLICIES

2.1 The Isle of Man Development Scheme (Development Plan) Order 1982 identifies the site as being for Low Density Housing in Parkland. The site is not within a Conservation Area. The site is not within a High Flood Risk Zone (Tidal or River).

2.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant: - 2.3 Housing Policy 4 states: 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

2.4 General Policy 2 states: 'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;

• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.'

2.5 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.' - 2.6 Circular 8/89 'low density housing in parkland' is relevant. For this site the relevant aspects are that; All trees within areas designated "low density housing in parkland" are deemed to be Registered and areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-

• - buildings must be substantial, and designed and finished to the highest quality; and
• - each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.

- 3.0 PLANNING HISTORY

3.1 There are no previous planning applications on this site which are relevant in the determination of this application. There are two applications to a site to the south of the site which are relevant for consideration as these where:

3.2 Erection of a dwelling (relating to PA 13/91036/A) - 14/01030/B - APPROVED - 3.3 Approval in principle for erection of a dwelling - 13/91036/A - APPROVED

- 4.0 PROPOSAL

4.1 The application seeks approval for the erection of a detached dwelling, part single, part two storey with integral garage. The proposed dwelling would be 'L-shaped' having a maximum width of 22 metres, a maximum depth of 14.5 metres and a ridge height of between

• 4.3m and 7.5m. The dwelling would be finished in a painted render finish, including sections of untreated Cedar or similar timber boarding with dark grey interlock tiles to roof. The dwelling includes large section of glazing especially to the front elevation (south west elevation).

4.2 Widening and lowering of the front boundary stone wall are also proposed to improve visibility form the existing access. - 4.3 The submission also includes the demolition of part of the existing adjacent agricultural barn and the repair of parts of the remaining agricultural barn to improve the environment for the occupants of the new dwelling.

- 5.0 REPRESENTATIONS

5.1 Full details of all representations can be viewed online via the planning website. Accordingly, the below comments are brief summarises of comment made.

5.2 Lezayre Parish Commissioners have no objection (received on 12.11.2021).

5.2 Highway Services have no objection subject to conditions for visibility and the internal pedestrian and vehicle layout, including parking to Planning Drawing No: SM20/516/2 and for these elements to be retained for the lifetime of the development (26.10.2021).

5.3 Manx Nation Heritage do not object but comment on potential for nesting birds within trees proposed to be removed and works should be carried out during the summer months from the beginning of April to the end of August (03.08.2021). - 5.4 Agriculture & Lands Directorate (Forestry) initially commented (05.08.2021): "Four trees have been marked for removal at the site, all are relatively minor trees and are growing in conflict with existing property, the Directorate would have no objection to their removal. The footprint of the proposed development is immediately surrounded by trees to the north, east and south. This development would likely result in increased pressure to remove these trees. The majority of the trees immediately surrounding the footprint are, however, in poor physiological condition. The potential future impact upon these trees is therefore not of considerable concern. To the west of the proposed footprint are several mature broadleaf trees, these have been underrepresented on the submitted plan 'APL Measured Survey A2'. These trees are of significant size, maturity, and landscape value. Prior to the continuation of this application, I would recommend you request a tree constraints plan be provided to determine the full constrains of the existing trees and the feasibility of the current proposed location of the foul drain in relation to the trees."

• 5.4.1 Following these comments the applicants have undertaken a cctv survey of the drains in the site and noted the Manx Utilities a few years ago have installed a large surface water pipe beneath the trees indicated above, along the northern boundary of the site. The applicants have also amended the scheme so a new drainage pipe along the boundary is no longer proposed. What is proposed is the installation of a biodisc within the application site which has a outfall from it to the existing Manx Utilities (surface water).
• 6.0 ASSESSMENT

6.1 There are considered to be the following matter for consideration:

• o Principle of the development;
• o Visual impact upon the area;
• o Potential impact upon neighbouring amenities;
• o Potential impact upon trees/ecology; and
• o Potential highway safety issues/parking.

PRINCIPLE OF THE DEVELOPMENT

6.2 The initial consideration is whether the principle of development is acceptable. It is noted that the site is designated for low density housing in parkland.

6.3 As outlined by the policy any should dwelling should be within 1 acre of land and be "substantial" in size and be designed and finished to the highest quality. The site is below 1 acre, being approximately 0.5 acre in size. Further, while the dwelling is not small (4 bedrooms), it is probably not regarded as "substantial" as per the aim of the Policy, which essential seeks very large dwellings. The design and quality generally is acceptable for most residential sites, albeit again difficult to argue the finishes are of the "highest quality" with use of painted render, Cedral weatherboard cladding and concrete tiles and white uPVC windows. Examples of the highest quality finished (a variety of materials) are traditional laid Manx stone, natural slate roof, timber windows, carved stone etc.

6.4 These points are particularly relevant for two reasons. Firstly, as noted by the previous application, the acreage is less than the 0.4 ha (1 acre) stipulated by the Circular 8/89. Secondly, the Circular also requires proposals in areas zoned for low density housing in parkland to be "substantial" and designed to the highest quality. Whilst the proposed dwelling is not unattractive or of poor form, it is not considered that it would meet the requirements of Circular 8/89 for the reasons indicated in paragraph 6.3.

6.5 However, while a refusal could be made for this reason, it is perhaps important to consider the character of the area and whether such type of development on this site would be appropriate. Firstly, the site is an existing built up site (albeit not defined as previously development land as defined by the IOMSP as it is agricultural buildings) within existing built development, rather than an undeveloped parcel of land in the open countryside. It is also noted that the dwellings to the north of the site Shandrum and Tethers End appear to have been constructed under the "Low Density Housing" policy, being large modern bungalows in 1 acres of land. However, immediately to the south of the application site are dwelling Hazelmere, Drumalla & Yew Tree, the latter two being a pair of semi-detached properties and Hazelmere being a modest detached dwelling. These properties were not approved under the "Low Density Housing" policy being more modest in size and not within 1 acre of land. Accordingly, the application site is on the on the cusp of land zoned for low density housing in parkland and existing housing in the 1982 Plan. Accordingly, given the character of the area/street scene it is considered the principle of a dwelling of this size on this site arguable is more appropriate than a more "substantial" dwelling and would fit well in relation to neighbouring properties (impact on neighbours will be considered later in this report). VISUAL IMPACT UPON THE AREA - 6.6 In terms of the visual impact, given its location behind the existing agricultural barns/stable buildings and roadside landscaping, it is likely the dwelling will not be apparent from public views. Having said this the proposal which is mainly single storey, with a section being two storey is well designed and finished and would fit well within the street scene / area which is made up given properties along Glen Auldyn have been development over a considerable period of time (over hundred years) which has been continually been added to over the decades. What results is a variety of different building sizes, designs and finishes ranging from Manx traditional properties, Victorian properties, 1930's though to 1970's styled properties and more recently more modern and contemporary properties with large amounts of glazing similar to what is proposed by this proposal under consideration.

• POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES
• 6.7 The two properties mostly likely to be potential impacted by the development are Hazelmere to the south of the site and Shandrum to the north. In relation to Shandrum, given the distance located away from the neighbouring property and the proposed dwelling, orientation of the two properties with each other and the substantial level of landscaping between the two properties it is not considered the proposal would have a significant impact in terms of loss of light or overbearing impacts to warrant a refusal. Arguably, the main issue related to whether the proposed four first floor windows facing towards Shandrum would result in an unacceptable level of overlooking (loss of privacy). However, again, given the existing landscaping in place (majority to be retained), the four rooms serve bedrooms, study and ensuite which are not primary habitable rooms (living room/dining kitchen etc.), distance from the windows to neighbouring property and none of the windows would have direct views into the neighbouring dwelling, the impact is not considered to be so significant to warrant a refusal.
• 6.8 Regarding the impact upon the neighbouring property Hazelmere, again given the distance between the proposal and existing neighbouring property, the significant levels of landscaping between the two sites and the orientation of the two properties to each other; the impacts would not be so significant to warrant a refusal. POTENTIAL IMPACT UPON TREES/ECOLOGY
• 6.9 As outlined, there was an initial concern of the potential impacts of the mature trees to the northern boundary of the site due to the installation of a new foul drain. However, after investigation (see paragraph 5.4.1) and the proposal to install a biodisc this issues appears to have been resolved as it is no longer proposed to install a new foul drain along the northern boundary of the site. POTENTIAL HIGHWAY SAFETY ISSUES/PARKING
• 6.10 As outlined by Highway Services comments, the proposal to lower the boundary wall to the north, but also slightly on the south, will improve visibility from the existing access which is currently used for equestrian purposes on a daily basis but also access to the underground reservoir by Manx Utilities. These parties will benefit from the improvement to the access as well as the potential new occupants of the dwelling under consideration. Highway Services have considered the proposals and have raised no high safety concerns.
• 6.11 The new dwelling would have at least two off road spaces and turning facilities within the site and therefore complies with GP2 and TP 7.

- 7.0 CONCLUSION

7.1 Overall, it is considered that the development contained within the proposal is appropriate and in keeping with the character of the street scene and neighbouring dwellings, with suitably limited impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity. It is therefore in accordance with the IOM Development Plan Order 1982 and the relevant policies of the IOM Strategic Plan. It is recommended for an approval. - 8.0 INTERESTED PERSON STATUS

8.1 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.

8.2 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

8.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 02.02.2022

Signed : C BALMER 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

Customer note

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