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The application site comprises of a parcel of land situated at the western end of the built area of King Edward Road in Onchan. The site contains a two storey detached dwelling, its curtilage and an adjacent area of open land.
The proposed development comprises residential development to provide plots for four detached dwellings with associated roads and drainage and creation of a new access.
of the erection of six dwellings on the application site.
The application site has been the subject of six previous planning applications that are considered material to the assessment of this current planning application:
Planning application 98/00786/A sought approval in principle for the erection of a dwelling with separate access on the application site. This previous planning application was initially considered and refused on the 18th September 1998, with the initial refusal decision notice issued on the 23rd September 1998. At a subsequent review held on the 20th November 1998 the Planning Committee resolved to confirm the refusal, with the review refusal decision notice issued on the 7th December 1998. A subsequent appeal was withdrawn prior to being heard.
Planning application 01/00058/B sought approval for the demolition of existing dwelling and creation of four apartment buildings housing 42 apartments on the application site. This previous planning application was initially considered and refused on the 14th September 2001, with the initial refusal decision notice issued on the 25th September 2001.
Planning application 01/01273/B sought approval for the demolition of existing dwelling and creation of four two storey blocks, housing 30 apartments on the application site. This previous planning application was initially considered and refused on the 22nd October 2001, with the initial refusal decision notice issued on the 29th October 2001. At a subsequent review held on the 25th January 2002 the Planning Committee resolved to confirm the refusal, with the review refusal decision notice issued on the 31st January 2002. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 9th July 2002.
Planning application 02/01755/B sought approval for the erection of four apartment blocks each containing three apartments with parking provisions and landscaping on the application site. This previous planning application was initially considered and refused on the 16th January 2003, with the initial refusal decision notice issued on the 23rd January 2003. At a subsequent review held on the 20th March 2003 the Planning Committee resolved to confirm the refusal, with the review refusal decision notice issued on the 27th March 2003. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 30th July 2002.
Planning application 05/01031/A sought approval in principle to demolish existing dwelling and garages and erection of new building to accommodate four permanent apartments and garaging with
associated car parking, Far End, 88 King Edward Road, Onchan. This previous planning application was initially considered and refused on the 21st July 2005, with the initial refusal decision notice issued on the 28th July 2005. At a subsequent review held on the 16th September 2005 the Planning Committee resolved to confirm the refusal, with the review refusal decision notice issued on the 23rd September 2005.
Planning application 06/00212/B sought approval for the creation of a layout for six residential dwellings and garages, roadway and drainage on the application site. This previous planning application was considered and refused on the 20th July 2006, with the refusal decision notice issued on the 27th July 2006. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 8th January 2007.
Onchan District Commissioners recommend that the planning application be approved.
The Department of Transport’s Highways Division do not oppose the planning application
The Department of Agriculture, Fisheries and Forestry’s Wildlife and Conservation Division express an interest in the planning application. They specifically comment on the issue of lizards on the application site and discussions between them and the applicants on the matter.
The Isle of Man Fire and Rescue Service recommend that the applicant discuss the provision of appropriate fire precaution measures with them.
The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice. The Manx Electricity Authority requests that an informative note be attached to any approval decision notice. The Society for the Preservation of the Manx Countryside and Environment express an interest in the planning application.
The owner and/or occupant of 137 King Edward Road, which is located on the opposite side of King Edward Road to the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the overall development of the site, access to the site in respect of highway safety and potential light pollution.
The owners and/or occupants of 135 King Edward Road, which is located on the opposite side of King Edward Road to the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding access to the site in respect of highway safety and the visual impact of the proposed boundary wall.
The owner and/or occupant of Seacliffe, which is located in Braddan, expresses an interest in the planning application.
In terms of land use planning the application site the relevant local plan is the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000, more commonly referred to as the Onchan Local Plan. Under this plan the application site is part within an area of existing residential use and part within an area designated for residential development. Basically plots 1 is within the area of existing residential and plots 2, 3 and 4 are within the area designated for residential development.
Planning Circular 1/2000, which forms the written statement to be read in conjunction with the Onchan Local Plan contains a number of specific references and policies to the area designated for residential development.
"There is a small piece of land which lies between the property known as 'Far End' and the public footpath which forms part of the Raad ny Foillan. It has been suggested that this piece of land represents a suitable site for the development of further dwellings, balancing the extent of development on the upper side of the road. The Department would accept that this site could accommodate a small number of dwellings without being detrimental to the amenities of the surrounding area. Whilst it has been suggested that the site may accommodate a higher number of dwellings and the Inspector considered also that a more flexible approach to the development of the site should be adopted and that a specific number of dwellings should not be required in the Plan, the Department considers that development should be in accordance with that existing to the west and as such has judged that no more than three dwellings could be developed on this site without detriment to adjacent property or the view of the site from the main road. To include flexibility at this stage would, in the opinion of the Department encourage developments that would not be appropriate. Access to the site would be from King Edward Road and any road into the site must not have a gradient in excess of 1 in 10. The advice of the Department of Transport Highways and Traffic Division is recommended prior to the submission of any planning application for the site".
Policy O/RES/P/9 relates directly the area designated for residential development and states: "The site, adjacent to 'Far End' will be considered suitable for the development of a maximum of three new dwellings. Development must respond to the natural contours of the site and must avoid unnecessary underbuilding or building up of the floor levels. Development must retain and enhance the public footpath which runs through the site. Access to the site must be in the form of a single cul-de-sac from King Edward Road with no gradient of any road or drive to exceed 1 in 10. Car parking must be provided at a ratio of at least three spaces per dwelling where at least one of these is provided and retained behind the building line".
Policy O/RES/P/19 relates to residential development in other parts of Onchan and states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings.
In terms of the assessment of the planning application it is considered that the starting point is to examine the principle of the residential development of the application site. In order to do this it is necessary to examine the proposal against the land use designation defined by the Onchan Local Plan and the policies set out within Planning Circular 1/2000. In this respect, as stated earlier in this report, the application site is designated part within an area of existing residential use and part within an area designated for residential development. The proposed development can effectively be seen as a) the demolition of one existing dwelling and creation of one building plot on the part of the application site within the area of existing residential use and b) the creation of three building plots on the part of the application site designated for residential development. Taking this into account with policies O/RES/P/9 and O/RES/P/19 of the Onchan Local Plan it has to be concluded that the principle of residential development on the application site is established. It therefore only remains necessary to examine the acceptability of the specifics of the proposed development.
The proposed building plot on the land within the area of existing residential use represents the replacement of an existing dwelling on a one for one basis, which is considered to be unobjectionable. As regards the three proposed building plots on the land designated for residential development it can be seen that in terms of policy O/RES/P/9 the proposal accords with the maximum number of permissible dwellings and that access arrangements follow the stated cul-de-sac layout with driveways not exceeding a 1 in 10 gradient. The other stipulations within the policy are
not directly applicable as they relate to issues of detail that can only be assessed once specific details of each dwelling have been submitted, which would be a subsequent planning application to this one.
In terms of other issues raised in representations to the planning application the vehicular access arrangements from the application site onto King Edward Road meet the necessary standards of the Department of Transport Highways Division and are therefore considered to be acceptably safe. The proposed fencing along the application site's boundary with King Edward Road is not unduly obtrusive and does not unduly harm visual amenity or streetscape. The presence of lizards and their habitat on the application site has been raised by the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division and there have been specific discussions with the applicant about the issue. Given that only limited built development is proposed on the application site by the planning application it is concluded that the impact on lizards and their habitat is limited. The main known area is the south western corner of plot 3 and any mitigation measures should be a consideration of any subsequent detailed planning application for the dwelling on the plot.
It is recommended that the planning application be approved.
It is considered 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:
It is considered 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:
Recommended Decision: Permitted
Date of Recommendation: 07.02.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 K142/P/10-01, K142/P/10-02, K142/P/10-03, K142/P/15-02 and K142/P/15-03 date stamped the 12th November 2007.
N 1. 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 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
N 3. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
Decision Made : APPROVED Committee Meeting Date : 6/3/09
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