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The application site comprises of land situated at the western end of the built area of King Edward Road in Onchan. The land, which currently contains no built development, consists of open coastal heath land that slopes downwards from north to south towards the sea.
The proposed development comprises the erection of a dwelling on the application site.
The application site and adjoining land has been the subject of a number of previous planning applications that are considered potentially material to the assessment of this current planning application:
Planning application 01/00058/B sought approval for the demolition of existing dwelling and creation of four apartment buildings housing 42 apartments on the land that comprises the application site and adjoining land for the current planning application. 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 land that comprises the application site and adjoining land for the current planning application. 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 land that comprises the application site and adjoining land for the current planning application. 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 06/00212/B sought approval for the creation of a layout for six residential dwellings and garages, roadway and drainage on the land that comprises the application site and adjoining land for the current planning application. 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.
Planning application 07/02101/B sought approval for residential development to provide plots for four detached dwellings with associated roads and drainage and creation of a new access on the land that comprises the application site and adjoining land for the current planning application. This previous planning application was considered and approved on the 6th March 2008, with the approval decision notice issued on the 11th March 2008.
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 advise that they have discussed the mitigation measures for
the protection of lizards on site with the applicant and have agreed an appropriate scheme. They request that any planning approval be appropriately conditioned.
The Friends of Onchan’s Heritage express an interest in the planning application. They state that they have concerns regarding the design of the proposed dwelling and the setting of the development within the area.
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 design of the proposed dwelling and the position of site entrance. They believe that the proposal will have an adverse impact on highway safety and potentially cause undue 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 the design of the proposed dwelling and that granting planning approval will set the precedent for the development of the adjoining land.
In terms of local plan policy, the application site is located within a wider area of land that is designated as proposed predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000, with the application site and adjoining land being specifically annotated as area 12 on Map No. 1. Planning Circular 1/2000, which forms the written statement to be read in conjunction with the Onchan Local Plan, refers to the application site and contains a number of policies that are considered specifically material to the assessment of the planning application:
"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, which relates to area 12, 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, which relates to residential development in other parts of Onchan, 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 strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application
"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:
"Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
"In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:
"The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan."
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
"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."
The planning application seeks approval for the erection of a dwelling on the application site. The submitted planning application comprises the completed application form, detailed drawings, 3D photomontages and a design statement.
In terms of the assessment of the planning application the appropriate starting point is an examination of the principle of the residential development of the application site. As stated earlier in this report the application site is located within a wider area of land that is designated as proposed predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and there is extant planning approval under 07/02101/B for four plots with associated roads, drainage and access on the application site and adjoining land. Accordingly, it has to be concluded that the principle of residential development on the application site is established. It therefore remains necessary to assess the site specific implications of the proposed development.
As regards the site specific implications of the proposed development it can be seen that under the provisions of General Policy 2 and Housing Policy 6 the development of land that is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan. As stated earlier in this report the application site is located within a wider area of land that is designated as area 12 with the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000. Policy O/RES/P/9 specifically relates to development of area 12 and therefore represents a development
brief against which the site specific implications of the proposed development should be primarily assessed. Given the existence of, and reliance of the development proposed by the planning application on, the extant planning approval for four plots with associated roads, drainage and access under 07/02101/B the development brief set out by Policy O/RES/P/9 contains three issues that are relevant to the assessment of the site specific implications. By breaking down Policy O/RES/P/9 into its constituent parts these three issues are:
i) Development must respond to the natural contours of the site and must avoid unnecessary underbuilding or building up of the floor levels; ii) Development must retain and enhance the public footpath which runs through the site; and iii) 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.
Beyond these three issues it will still be necessary to examine the general impact of the proposed development on public and private amenity within the surrounding area. Furthermore, given that the potential presence of lizards within the application site has been highlighted it will also be necessary to assess the impact of the proposed development on them.
Turning to the three issues identified within Policy O/RES/P/9 it is concluded in respect of i) that the development proposed by the planning application suitably responds to the natural contours of the site and appropriately avoids unnecessary underbuilding or building up of the floor levels. Drawing no. K116-Plot4/P/11-01, which shows three cross-sections through the application site and proposed development, demonstrates this. As such, the proposed development suitably accords with i). In respect of ii) the route of the existing footpath that runs through the application site is unaffected by the proposed development. As such the proposed development suitably accords with ii). In respect of iii) the proposed development provides adequate car parking spaces to serve the needs of the dwelling and includes a three car garage. As such the proposed development suitably accords with iii). As such it can be seen that the proposed development meets the site specific issues contained within the development brief set out by Policy O/RES/P/9.
In respect of the assessment of the impact of the proposed development on public amenity within the surrounding area the main consideration is the design of the proposed dwelling. As can be seen from the submitted drawings the proposed dwelling is unashamedly modern, with a design that takes advantage of a wide palette of materials in the external construction and utilises modern construction techniques. The proposal includes Pooilvaish polished slate cladding, zinc sheet cladding, Cedar/Larch cladding, Manx stone cladding, stained timber, smooth render and a Sedum grass roof. Whilst opinion on the design of the proposed dwelling is ultimately subjective and perhaps a matter of personal taste it can be seen that the proposal has been designed to take account of the application site and potential future planning applications for residential development on the adjoining land. The application site and adjoining land (i.e. area 12) represents the western end of built development on King Edward Road and effectively the end of the urban area of Onchan. It should be recognised that sites suitable or capable of accommodating modern design are relatively restricted in number by land use designation and planning policy relating to design. As the application site and adjoining land is not restricted by the land use designation or any planning policy specifically relating to design it represents a site capable of accommodating modern design. In that respect, whilst the design of the proposed dwelling is clearly different to the design of all other dwellings within the surrounding area the site has the potential to create landmark development and should be potentially viewed in that light. Having said that, it is still necessary to consider the visual impact of the proposed development on the general amenity of the surrounding area. In terms of this it is concluded that as a consequence of the coastal location of the application site the places from which the proposed dwelling can be read against the existing dwellings within the surrounding area are limited. For example, the 3D photomontage image shown on drawing no. K116/P/15-01 is the view from the sea and whilst it does give a good impression of the proposed against the existing development it is not a view that would be readily accessible to the general public. The more usual public views of the proposed development would be from the north and north-east (i.e. King Edward Road). When viewed from these locations the impact of the proposed development is limited by its position below the road and the general topography of the area.
Turning to the effect of the proposed development on residential amenity of existing properties within the surrounding area is suitably limited due to a combination of the position of the proposed development, the orientation and design of the proposed dwelling, the distance of the application site from existing property, and the general topography of the application site. As would be expected the proposed dwelling is primarily orientated to take account of coastal and sea views from the application site. It is concluded that the impact of the proposed development on the private residential amenity of existing dwellings within the surrounding area is limited and therefore acceptable.
Finally, as stated earlier in this report it has been previously established by the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division that the application site and surrounding land is potentially home to lizards. The land is not subject to any site specific wildlife designation. Therefore whilst the application site does not specifically covered by the provisions of Environment Policy 4 it is still considered appropriate to have regard to it and Environment Policy 5. This lizard potential has been the subject of discussion between the applicant and the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division before the submission and during the assessment of the planning application. As a result of this discussion the proposed development includes the creation of a lizard refuge built into the fabric of the overall proposed development. The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division have advised that they are satisfied with this provision for lizards, provided appropriate conditions are imposed on any planning approval. Given that it is possible to impose suitable conditions relating to the impact of the proposed development on lizards it is concluded that the issue can be suitably addressed and appropriately accords with the provisions of Environment Policy 5.
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: 01.04.2009
C : Conditions for approval
1 April 2009 08/02129/B Page 7 of 8
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 K116/P/10-01, K116/P/10-02, K116/P/10-03, K116/P/10-04, K116/P/10-05, K116/P/10-06, K116-Plot 4/P/11-01 and K116-Plot 4/P/12-01 date stamped the 17th November 2008.
C 3. Prior to the commencement of development a method statement that specifically deals with the protection of, and mitigation measures to limit the impact of development on, lizards must be submitted to and agreed by the Planning Authority. Once agreed the measures set out within the method statement must be followed during the construction of the approved development and may not be altered or removed in any way without the prior written approval of the Planning Authority.
C 4. Prior to the occupation of the dwelling the new embankment with incorporated lizard refuge, as shown on drawing no.s K116/P/10-04 & K116-Plot 4/P/11-01, must be constructed in accordance with the approved drawings and capable of use to the written satisfaction of the Planning Authority.
N 1. The developer is recommended to discuss the contents of the method statement required by condition no. 3 with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division prior to submission to the Planning Authority.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : REFUSED Committee Meeting Date : 9/4/09
Signed : A. H. O’Neill Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO
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