Statement of Case for Applicant

Partington, Nixon & Kinrade

Architects & Surveyors

P.A. 08/00945/A - ON APPEAL APPLICANT: MR. R.C. ASTICK Approval in Principle for 3 dwellings Land off Cooil Avenue and adjacent to Beachfield Farm Lane, Kirk Michael, Isle of Man RECEIVED ON 2 6 NOV 2008 THE ENVIRONMENT Statement of Case on behalf of Mr. R.C. Astick (Applicant) 15th October 2008.

1. The Application

1. The application is for the approval in principle for three dormer-type bungalows with vehicular access off Cooil Avenue, via an existing vehicular access in the ownership of the applicant.

1. Mr. Astick is a building contractor and joinery manufacturer with company premises in Kirk Michael.

1. Mr. Astick purchased the fields in two transactions, approximately 5 years ago. The only previous planning application submitted by Mr. Astick in respect of the fields was P.A. 05/00014/A for approval in principle for sixteen residential plots. The application was refused and did not go to Appeal. Mr. Astick will say that he and is then architect were encouraged at that time by the Planning Officer, to seek consent for a substantial density, this being better land use. With hindsight however, Mr. Astick acknowledges that the density sought under P.A. 05/00014/A, was unrealistic.

The land is however zoned as predominantly residential and it is firmly considered by the applicant that three dwellings is entirely reasonable and realistic.

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7 - 9 Drinkwater Street • Douglas • Isle of Man • IM1 1AT

Tel: (01624) 621576 • Fax: (01624) 662058

PNK Ltd - Trading as Partington Nixon & Kinrade. Registered in the Isle of Man. No. 121590C Registered Office as above. Directors: J.A. Callow Tech R.I.C.S., S. M. Taylor Resident Consultant: C. S. T. Nixon M. R. I. C. S.

2. The Site

1. The site which is owned by the applicant comprises fields approximately 1.1 hectares ( 2.7 acres) in area. Three dwellings would thereby be a very low-density development.
2. There are two existing vehicular accesses from Cooil Avenue:-

a) Between "Melmegsulyn" and "Cooil Shellagh", this is 6.4 metres in width at its narrowest. The application proposes that this should be the vehicular access to serve the three dwellings. b) A narrower access between "Yn Thie Ain" and "Thie my Chree".

The applicant owns the corresponding Cooil Avenue road frontage and full Cooil Avenue road width to both of the two access points. Either of the two accesses could be used for the purpose of connection to the foul drainage and other services, in Cooil Avenue.

1. The hypothetical sixty year line of coastal erosion prediction (Coastal Management Act 2005) crosses the fields (indicated on drawing 4191 - 1) but the proposed three dwellings would be sited comfortably outside this area.
2. There is a stable building and stable yard to the rear of "Yn Thie Ain" and "Thie my Chree" the land having been used for the stabling and running of horses, and also in recent years, horticulture.

Mr. Astick during his time of ownership, has put the fields to very little use. If Planning approval for the three dwellings is granted, the stable block will be demolished and removed.

If Mr. Astick is unsuccessful with his application he will seek a tenant with a view to bringing the land and stables back into legitimate use.

3. Access from Cooil Avenue

1. The proposed vehicular access is between "Melmegsulyn" and "Cooil Shellagh" This access, owned by the applicant, is 6.4 metres to 6.9 metres in width, with splayed entrance to Cooil Avenue on the side of "Cooil Shellagh".
2. The access would be a private shared drive to serve the three dwellings. The application (drawing 4191-1) shows a notional driveway, undimensioned in width, scaling between approximately 4.25 metres and 5.0 metres in width, but the intention was to indicate a location only, with dimensioned details to be considered and submitted under a later detailed planning application.

• The consultative document "Manx Roads" (1993) indicates the width of a private drive suitable for a maximum of up to five dwellings, as 4.1 metres for its first 6 metres from the road junction, otherwise 3.0 metres in width.

The applicant would however seek to increase the initial entry width to 5.1 metres for a depth of at least 10 metres.

• The existing corner splay at the Cooil Avenue junction (Cooil Shellagh side) suggests that this was intended as a facility to aid larger vehicles to reverse into the access drive to achieve a turn.

Mr. Astick is not adverse to this.

4. Cooil Avenue / Station Road Access

1. The width of hard roadway (Cooil Avenue) measured opposite the proposed shareddrive access, is 4.9 metres. A 2 metre wide grass verge on the eastern side is additional to this.

The hard roadway widens towards its junction with Station Road.

1. In the previous application P.A. $05 / 00014 /$ A concerns were expressed that construction brick- lorries and the like would not be able to negotiate into Cooil Avenue from Station Road.

Mr Astick has consulted one of the Island's major suppliers of building materials regarding this ( namely Corlett's), and a latter dated 31st March 2008 from Corlett's regarding and confirming site access is submitted with the current planning application.

Cooil Avenue has of course facilitated the building of the twelve existing properties on the Avenue itself.

The delivery of roof trusses to sites probably now results in the longest delivery vehicles, but Mr. Astick has stated that he would employ a traditional cut-rafter roof construction which would obviate the use of trussed rafters.

Close Cullyn is a recent small residential development situated off Station Road for which planning consent was clearly granted. The development is similar to the subject application as regards its relationship with Station Road.

5. Comment on Objections raised in written Representations.

501) Coastal Erosion

Objections raised in written representations suggest that the proposed development may cause or hasten coastal erosion. There is no objection to the proposal from the Department of Transport under whose brief coastal erosion lies.

The three dwellings would be situated comfortably landward of the ' 60 year Prediction" line. Disposal of roof and other surface water would be to ground dispersal soakaway systems, which is usually addressed at Building Regulation consent stage. Given the low density of one dwelling to approximately 0.9 acre, ground dispersal is not expected to raise any problems.

502) Foul Drainage

The writer has met with the Department of Transport ( Drainage) Development Control Technician who has confirmed again his letter of 16th June 2008 that the foul drainage can adequately be connected to the existing system.

Mr Kneen ( The Development Control Technician ) also confirmed with his department's operations section that the Department of Drainage has no knowledge of any drainage problems as alleged to exist by some of the objectors.

The operations section would have been involved in and therefore aware of, any problems or remedial work required in the existing public sewerage system.

It is foreseen that the proposed pumped drainage, system would be privately maintained by the owner/occupiers of the three dwellings. The road opening to effect the connection into the existing sewer would be made within the access frontage owned by Mr. Astick.

503) Access Drive

The 6.4 metre width of the existing access suggests that when Cooil Avenue was originally laid out, the access was intended to provide for further residential development on the subject fields.

The legitimate use of stables and the existing fields as "accommodation land" has and will involve motor traffic and possibly livestock movement and the domestic traffic for three additional dwellings would not be entirely additional.

The applicant disagrees with Mr. Stanley's view expressed in his planning report dated 29th August 2008 that the use of the access would have a detrimental impact upon the residential amenity of the adjacent properties "Cooil Shellagh" and "Melmegsuelyn".

The additional vehicular traffic for three dwellings would not be great and in any event the impact on the two adjacent properties would not be significantly different than in the case of many other corner-situated properties. The relationship between "Poleacre" and the recent development "Close Cullyn" for instance is a similar situation though "Close Cullyn" serves five properties, not just three.

Mr. Stanley also refers to visibility being reliant upon the gardens of the adjacent properties being maintained so as not to block visibility. It is an existing vehicular access however, and irrespective of any additional residential use, allowing vision to be obstructed would not be in the interests of safety of those using Cooil Avenue.

Other Matters relating to Cooil Avenue

A number of the residents have expressed concerns relating to the condition and maintenance of Cooil Avenue and its adequacy to serve the additional dwellings.

The Avenue serves twelve dwellings at present, plus vehicular traffic to Mr. Astick's existing fields and stable property.

The additional vehicular traffic arising from three additional dwellings would not overburden the Avenue and there is no good reason to expect that any significant additional safety issues would result.

Existing potential traffic arising out of the present agricultural / stabling use would of course cease if the dwellings were built.

The applicant firmly considers the planning application to be a reasonable one. The application is not opposed by the Department of Transport, Highways Division. Mr. Astick is however mindful of the resident's concerns regarding the surface and maintenance of Cooil Avenue, and if planning consent is granted he would commission a pre-construction condition report of the Cooil Avenue road surface and also of the section of Station Road from its junction with Cooil Avenue up to and including the frontage to "Poleacre". He would then undertake to reinstate any surface damage caused by construction traffic.

Mr. Astick also feels that it would be equitable, following completion of the three dwellings, that the three dwellings should each bear a proportionate cost, along with the existing twelve properties, in future maintenance, or possible adoption, of Cooil Avenue.

7) Michael Commissioners

The Michael Commissioners do not object to the application, and will have reached their decision with full local knowledge of the area, the conditions relating to access, and the history of the application site.

8) Summary

The applicant considers the application to be a sound proposal and worthy of planning consent, and asks the Independent Inspector to agree and to recommend approval of the application.

This submission is prepared by C.S.T. Nixon of Partington, Nixon and Kinrade, Architects and Surveyors acting on behalf of Mr. R.C. Astick, the Applicant.

C.S.T. Nixon M.R.I.C.S.

for Partington, Nixon \& Kinrade.

9) Appendix

The following documentation is appended in support of the applicant's submission:- A. Drawing No. 4191 - 1 B. Location Plan No. 4191 - L1 C. Coastal Erosion projection ( A4 Sheet ). D. Photographs