Loading document...
Application No.: 08/00294/B Applicant: Ballamanaugh Properties Limited Proposal: Residential development comprising seven detached dwellings Site Address: Land To Rear And West Of Kella Close Sulby Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Photo Taken: 26/03/08 Site Visit: 26/03/08 Expected Decision Level: Planning Committee ### Written Representations ## Consultations Consultee : Lezayre Parish Commissioners Notes: Objection Consultee : Highways Division Notes: Do not oppose, subject to the following condition. That complies with Manx roads (shared surface) requirements for traffic calming feature-no straight sectioned road to be longer than 30 m unless traffic calming measures are included. Consultee : Chief Fire Officer Notes: Note received Consultee : IOM Water Authority Notes: Note received Consultee : Manx Electricity Authority Notes: Note received Consultee : Drainage Division Notes: No Objection
The site represents the curtilage of the land to rear of Kella Close, Sulby, which is located west of Kella Close and on the northern side of the A3 road.
The dwelling has been zoned under the Sulby Local Plan Order 1998 as being within a 'Predominately Residential Use' and a' Proposed Development Area' the site is not within a Conservation Area, nor within an area zoned as High Landscape Value or Coastal Value and Scenic Significance.
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
The application seeks approval for residential development comprising seven detached dwellings.
Lezayre Parish Commissioners have objected to the application for the following reasons:- "The Commissioners accept that the area is zoned for development, however, the Sulby Village Development Plan allows for a small further development of Kella Close comprising 3 detached dwellings. To be in keeping with the nearby properties these dwellings should be bungalows. The present plan for seven large houses is gross overdevelopment. The Commissioners note that improved drainage provision has been made but feel that it may still be inadequate. It is understood that the present sewage pipe leading from Kella Close goes under the garden of one of the bungalows, is the infrastructure adequate for a further seven houses?"
Highways Division do not oppose, subject to the following condition. "That complies with Manx roads (shared surface) requirements for traffic calming feature-no straight sectioned road to be longer than 30 m unless traffic calming measures are included."
The Drainage Division have no objection subject to conditions. They also comment that the development proposes a pumping station for the seven houses, however the Drainage Divisions current policy on pumping stations states that these will not be considered for adoption where they serve less than 10 properties, therefore the pumping station will remain in private ownership at all times and not be considered for public adoption.
The owner/occupier of Dilkush, 7 Kella Close, Sulby write to object to the planning application, which can be summarised as, already have current parking within Kella Close; the sewage system requires regular attention, the proposal could compound this problem; and the field adjacent to Nr 10 floods each time we have heavy rain fall.
The owner/occupier of The Kella, Sulby writes to comment to the planning application, which can be summarised as, further traffic resulting from this development may be a problem on the road junction at the end of West Kella Road / Main Road.
The owners/occupiers of Thie Obbyr, Main Road, Sulby write to object to the planning application, which can be summarised as, impact upon residential amenity due to inadequate screening and the vehicle noise that will be generated; the proposed new road would require to be raised level or higher than out garden which could caused problems with the drainage of storm water; cause of the private ownership of the pumping station and maintenance issues; In winter the filed is always water logged; loss of privacy; and, no objection to development but should follow the Sulby Local Plan of 3 detached bungalows.
The owner/occupier of 2 Kella Close, Sulby write to object to the planning application, which can be summarised as, traffic at Kella Road and Kella Close are narrow and evening and weekends emergencies services would have a problem getting down with the vehicles outside their homes; proposed pumping station would cause nasty smells; and the size of the houses are not in keeping with the rest of the houses in the close.
The owners/occupiers of Reayrt-ny-Gurragh, 9 Kella Close, Sulby write to object to the planning application, which can be summarised as, a through survey should be undertaken to prove the existing foul drainage system in Kella Road is capable of coping with a considerable increase from the proposed development; We are informed that the pump system in the village serving St. Stephen's Meadows at certain times and conditions, there are strong smells emitting form the pump and therefore have concerns the proposal will not result in the same; and, we already have vehicular access and egress problems in Kella Close due to off-road parking in Kella Road and Kella Close the proposal would increase traffic in this area impact in safety.
The owners/occupiers of 10 Kella Close, Sulby write to object to the planning application, which can be summarised as, do not accept the existing sewerage system will be able to take the extra work;
concern for the proposed soakaways of the proposals because e the field itself gets waterlogged in heavy rain; the current parking situation is inadequate, practically after 5pm and therefore emergency vehicles would find it almost impossible to enter the Close; and, the proposed pumping station location is unacceptable and would take away the beauty of living in Sulby Village.
The owners/occupiers of The Parsonage, Main Road, Sulby write to object to the planning application, which can be summarised as, The proposal does not comply with the Sulby Local Plan which states three detached houses; none are in keeping with Kella Close; where would the soakaways for each dwelling drain away to; the stench permeates my house from the pumping station at St Stephens Meadows and, and, loss of privacy due to plot 7's bathroom window.
The owners/occupiers of Halewood, Main Road, Sulby, write to object to the planning application, which can be summarised as, The smells I and others get from the inspection sewer chamber in the field from St. Stephens Way Estate is terrible and very unhealthy and another one will be even worse; and the poor access to the properties.
A resident of Seacliffe, Old Castletown Road, Port Soderick has made the following comments which can be summarised as; there appears to be tension between the Strategic Plan Policies and Local Plan Policies; so there is a material reason to object to the detail, although the principle of some residential development is not opposed.
Due to the sites location, zoning and the type of development proposed, the following Planning Policies from the Isle of Man Strategic Plan and Sulby Local Plan are relevant when determining the application:
Policy 1: Development should make the best use of resources by:
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.
Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:
Policy 2: 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:
Policy 1: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016.
8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.
3.11. If after investigation it can be demonstrated that this area can be drained by gravity to the existing mains system, it is recommended that the residential development of this area may be undertaken in accordance with the following brief.
The following Material Planning Issues should be considered:
As indicated within the 'Land Use Zoning' section of this report, the site is zoned for residential development; therefore it is considered the principle of residential development is acceptable.
As indicated within the Development Brief in the Sulby Local Plan, Development Area 3 should be limited to a maximum of three detached houses. The proposal would contravene this brief as the development proposes a total of seven dwelling within the site. The Sulby Local Plan can into effect on 1st April 1999, and since then the Isle of Man Strategic Plan can into effect 20th June 2007.
The Strategic Plan has a number of policies which would seem to support the scheme, particularly Strategic Policies 1 & 2, as the site would seem to use best use of the unused land, ensuring efficient use of the site and being located so as to utilise the existing infrastructure, facilities and services.
However, on the other hand, Housing Policy 6 of the Strategic Plan states that; "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan..."
There has been fairly recent application which was refused due to more dwellings that was stated within the relevant Local Plans Development Brief where proposed. This example is application 06/01068/B - for residential development comprising 49 dwellings, Commissioners Office and associated roads and sewers - Fields 612376 - 612415 - 612416 adjacent to All Saints Park off Lonan Church Road, Laxey. This application was refused at appeal, where the Planning Inspector stated; "I consider that the number of dwellings indicated as a 'yield' is important, particularly as it was formulated after the approval, in the first stage, of 43 dwellings (PA 00/1342) which was an issue at the 2002 Public Inquiry into the Local Plan. I consider that an over provision of 22 dwellings on a zoned site, so soon after adoption of the Area Plan, would lose the Plan's credibility fro developers, local residents of the general public. I acknowledge that the Planning Committee may wish to ensure the best use is made of land but this should be within the context of the adopted Plan. I do not consider that the Area Plan contains this degree of flexibility".
Additionally, to this concern, the Inspector also had concerns of the layout of some of the proposed dwellings; which is confirmed within his concluding remarks where he states; "I conclude that the proposal would not accord with the recently adopted Laxey and Lonan Area Plan Order 2005 and the layout would adversely affect the living conditions of some residents within and around the development."
10 June 2008
08/00294/B
It should be consider that since this decision the Isle of Man Strategic Plan has been adopted (20th June 2007) and that the Laxey and Lonan Area Plan Order was adopted in September 2005, compared to the Sulby Local Plan which was adopted on the 17th February 1999. It may be considered that policies within the Strategic Plan which require the "best use of land" should take precedence of the policies of the relevant Development Brief as indicated within the Sulby Local Plan, due to the Strategic Plan being adopted more recently.
It is consider however that the highway provisions, design, and/or impacts upon the neighbouring residential amenity, are required to be taken into consideration, to see if the proposal could accommodate seven dwellings on the site.
A number of objectors who live in the vicinity have commented on the poor access and parking arrangements along Kella Road and Kella Close due to the existing residents in the area parking onstreet and due to the narrow lanes and consequently the additional traffic generated by the development would have an adverse impact upon the area. However, the Highway Division have considered the application and have judged that the proposal would have no adverse impacts to highway safety or the traffic generated by the development, as they do not oppose the application.
The proposed dwellings would all have double garages and driveways, which would provide at least four off street parking provisions within the curtilage of each of the dwellings, and therefore complying with the provisions as indicated within the Strategic Plan, which requires two off road parking spaces.
As indicated within the Development Brief paragraph 4, it would appear that the Drainage Division now takes a different stance regarding pumping station, as they have no objection to a pumping station to serve the proposed dwellings, as long as the proposed foul sewers and pumping station remains in private ownership at all times, as it will not be considered for public adoption. The full details of drainage provisions would be dealt with at a subsequent application for Building Regulations, however, what is important to consider from a planning point of view, is whether drainage within the application site can be achieved. As the Drainage Division has no objection subject to conditions and notes, it is considered the proposal would be acceptable, due to provision being able to be realistically undertaken within the site.
The issue of possible smells from the pumping station within the site is obviously a concern to the neighbour residents in the area, however it is considered that with the appropriate sized pumping station and drainage provisions in place, this would be prevented, notwithstanding the fact, that it is highly plausible that future occupiers of the proposed new dwellings would also not want to encounter smells and therefore they are likely to resolve the problem quickly, where it to arise.
The proposed dwelling range from a three bedroom bungalow (plot 1) up to four bedroom properties (plot 2 to 7), all the dwellings have a front and rear garden areas, and all have space either side of the dwelling to give side accesses. The layout, size of dwellings and plot sizes all fit well in relation with each other, and do not result in any significant overlooking resulting in a loss of privacy, loss of light and/or by creating an overbearing impact. Consequently, it is considered the amenity standards for future occupiers of the dwelling would be acceptable.
The appearance of the dwellings, are traditional in nature and style, with a render and Manx Stone elevational finishes, with slate or similar roof finish. The finish and design and massing would comply with Planning Circular 3/91, if the dwelling where located within the countryside, albeit the dwellings are located within Sulby Village and therefore not required to comply with Planning Circular 3/91, but do respect the surroundings around them (paragraph b of the Strategic Plan). The dwelling would appear similar to the dwellings which have been recently constructed within Sulby Village, St
Stephens Meadow and The Mill Race, and would be in keeping with these and in keeping with the more traditional appearance of the older properties within Sulby Village.
Regarding the street scene, particularly when viewing the site from Kella Close, to the east of the application site, the applicant has taken into account that the dwellings along Kella Close are single storey bungalows, by the inclusion of a single storey bungalow on plot 1, and consequently plot 2 which gradually increases after the proposed single storey attached garage (with accommodation above) to the main aspect of the dwelling which would be a two storey property. This 'stepping up design' would help reduce the visual impact and merge the difference of types of housing heights, with the existing fairly modern bungalows along Kella Close.
The neighbouring properties most likely to be affected would be Nr 10 \& 11 Kella Close, Thie Obbyr, Roslyn, Primrose View, Ballatush and The Old Parsonage.
Starting with the properties Nr 10 \& 11 Kella Close, plot 1 would have the most potential for possible impacts upon residential amenity, however due to its design being a bungalow, the proposal would have little impact through having an overbearing impact due to its height and distance, plot 1 would be approximately 19.8 metres from Nr 10 and approximately 22 metres from Nr 11 Kella Close. Potential overlooking would also be significantly reduced due to the house type being a bungalow and not two storeys in nature, but also due to the distance between the properties, landscaping proposed and the fencing which would be required to be erected along the majority of the boundaries of the site ( 1.8 metre high fencing). Loss of light through the development would also not, occur due to the height of the proposed dwelling, distance from and siting/orientation between the dwellings (sun orientations being east to west).
Thie Obbyr, is located south of plot 2 and plot 3 approximately 35 metres away. Due to the distance, size of dwellings, proposed landscaping and existing grass banking (approx 2 metre high), it is considered the proposed development would not result in any adverse impacts through overlooking, an overbearing impact and / or loss of light.
Further to this, it is considered the neighbouring properties Roslyn, Primrose View, Ballatush and The Old Parsonage, due to the distance the proposed dwellings would be from the neighbouring properties, the proposed / existing landscaping and due to the design/siting of the dwellings, it is consider the proposed development would not result in any adverse impacts through overlooking, an overbearing impact and / or loss of light.
The Development Brief paragraph 2 requires substantial landscaping buffers along the northern, western and southern boundaries. The submitted site plan has indicated a number of planting schemes along the northern, eastern, southern and western boundaries of the application site which is considered to be acceptable and comply with the Development Brief.
The applicant also proposes a small woodland scheme along the western boundary of the application site, which does not form part of this application, however is within the ownership of the applicant (blue line); however, a Grampian styled condition could be attached which required the planting of the woodland scheme should be done prior to construction.
The proposed development would comply with the majority of the relevant planning policies indicated within the Sulby Local Plan Order 1998 and the Isle of Man Strategic Plan 2007, with the exception of paragraph 1 of the Development Brief which states; "The residential development of this area shall be limited to a maximum of three detached dwellings".
However, it is considered the proposal would comply with the remaining planning policies, particularly, Strategic Policy 1, 2 & 3 and General Policy 2 as the proposal would not have a significant impact upon visual appearance of the surrounding area, a significant impact upon the residential amenity of the surrounding neighbouring properties and/or the proposal would be in keeping in size, design and finishing with the properties within Sulby Village.
It is therefore considered that whilst the proposal is contrary to part of the relevant Development Brief, the development would optimise the use of the land, comply with the aforementioned policies and comply with the majority of the Development Brief. Accordingly, the proposal would be appropriate in these locations and therefore the application is recommended for an approval.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is not considered that the following meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 09.06.2008
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
10 June 2008 08/00294/B Page 9 of 11
C 2. This approval relates to the seven detached dwellings as proposed in the submitted documents and drawings 01, 02 REV C, 03, 111, 112, 113, 114, 115, 116, 117, 118 and 001 received on 14th February 2008 and 26th March 2008.
C 3. On completion of the proposed dwellings, all landscaping is to be planted in the first planting and seeding seasons. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
C 4. No development shall take place until full details of the "small woods scheme" have been submitted to and approved in writing by the planning authority and these works shall be carried out as approved. The landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings hereby permitted and all planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
C 5. The applicant should discuss with the Department of Transport Highway Division, that the proposed road complies with Manx roads (shared surface) requirements for traffic calming feature-no straight sectioned road to be longer than 30 m unless traffic calming measures are included.
C 6. Prior to the occupation of the dwellings, the proposed adopted highway is to be completed to the required standard of the Department of Transport Highway Division and the driveways to the dwellings are to be completed to allow the required parking provisions to be used.
C 7. All services including electricity and telephone where installed must be laid underground. N 1. The proposed development must be connected to the public foul sewer via a discharge chamber which must be agreed with the Drainage Division. Any proposed work on the public foul system must be carried out by a competent contractor who must provide full method statements to the Drainage Division.
N 2. The proposed foul sewers and pumping station will not form part of the public sewerage system and will remain private at all times with the responsibility for future maintenance falling to the applicant or its agents and their successors in titles.
N 3. There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
It should be noted that it is an offence under Manx legislation to permit the discharge of pollution or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.
Decision Made : Committee Meeting Date :
Copyright in submitted documents remains with their authors. Request removal
