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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of land located at the eastern end of Clay Head Close in Lonan. The proposed development comprises of the erection of three detached dwellings with associated services, parking and landscaping. The planning application is being considered by the Planning Committee due to the number of objections received.
The application site and adjoining land has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of the current planning application.
Planning application 07/01836/B sought planning approval for the erection of four detached dwellings with associated services and parking. This previous planning application was refused on the 15th September 2008. 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 2nd February 2009. A copy of the appeal decision for this previous planning application has been placed on the file for the current planning application.
Lonan Parish Commissioners object to the planning application. They grounds for their objection can be summarised as concern that whilst they do not oppose the development of the site they consider the proposal to represent an over development of the site that would have an unacceptable adverse visual impact and unacceptable traffic impact.
The Department of Infrastructure Highways Division do not oppose the planning application. They refer to discussion of the highways issues during the appeal against the refusal of previous planning application 07/01836/B and highlight they would not support any further development that would result in additional traffic using Clay Head Road once this land is developed.
The Isle of Man Water and Sewerage Authority do not oppose the planning application.
The Manx Electricity Authority expresses an interest in the planning application. Their comments refer to the provision of an electricity supply in the event of planning approval being granted and are concluded not to be material planning considerations.
The Isle of Man Fire and Rescue Service recommend that the planning application be refused on the basis that the layout of the dwellings is of a non generic nature with open plan layout on the first floor areas. It is presumed that this raises concerns over means of escape in the event of fire. In any event it should be noted that such matters are controlled by Building Regulations and are not material planning considerations to take into account in the assessment of the planning application.
The owner and/or occupant of Garwick, which is located on Clay Head Close, object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the character of the area, that the additional traffic generation would have an unacceptable impact on the area, that a stream running within the site does not appear to have been taken into account, and that electronically operated entrance gates could be unduly noisy. They suggest that conditions relating to occupation and construction should be imposed if planning approval is granted.
The owner and/or occupant of Woodlea, which is located on Clay Head Close, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development will unduly harm their private amenity by overlooking, that the design of the proposed development is out of keeping with the character, that the proposal will generate unacceptable additional levels of traffic, that a stream running within the site does not appear to have been taken into account, and that sewerage arrangements are questionable.
The owner and/or occupant of Braeside, which is located approximately 150 metres north west of the application on the private lane that is accessed from Clay Head Road that is situated below the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan and that the proposal would adversely harm the existing amenity of the area. They also highlight potential concerns with access to the private lane adjacent to the application site.
The owner and/or occupant of Crag Lea, which is located to the west of the application site on Clay Head Road, object to the planning application. The grounds for their objection can be summarised as concern that the design of the proposed development is out of keeping with the character of the area, that there is insufficient car parking provision for the proposal and that the additional traffic generation would have an unacceptable
impact on the area. They also raise concerns over the length of time construction could take if planning approval is granted.
The owner and/or occupant of Seacliffe, which is located opposite the northern end of the application site, express an interest in the planning application. They state they consider the reduction in number of houses to be an improvement but express concern that the sewerage arrangements could affect their property, particularly in terms of noise nuisance from pumping equipment.
The owner and/or occupant of The Howe Farmhouse, which is located directly adjacent to the application site, object to the planning application. The grounds for the objection can be summarised as concern that the design of the proposed development is out of keeping with the character of the area, that the proposal will result in a loss of their existing view, and that the proposed development will generate unacceptable additional levels of traffic.
The owner and/or occupant of Lhergy, which is located directly adjacent to the application site, expresses and interest in the planning application. They acknowledge that the proposed development takes on board may of the concerns of the previous planning application (07/01836/B) but suggest that appropriate landscaping is required to ensure that the proposal sits appropriately within the area.
In terms of land use planning, the application site, which is annotated as site 11, is located within a) a wider area of predominantly residential use; and b) a wider area of ecological interest under the Laxey and Lonan Area Plan Order 2005. There are six policies within the plan that are considered specifically material to the assessment of the planning application:
Policy L/RES/PR/1, which relates to residential development within the plan area, states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/RES/PR/8, which specifically relates to the site, states:
"This site is considered suitable for low density development of individual dwellings at a density similar to that of the adjacent properties. Development proposals must address the site as a whole and include a comprehensive landscaping scheme for each property."
Policy L/RES/PR/15, which relates to car parking for new residential development within the plan area, states:
"Notwithstanding the above, the Department will require the provision of 3 car parking spaces per unit where at least one of the spaces is retained within the curtilage and behind the front of the dwelling. In the case of residential terraces, the Department will generally require 3 spaces per unit which if not provided within the residential curtilage should be located as close as possible to the units to be served without compromising residential amenity. In the case of apartments the Department will generally require one space per bedroom to be provided."
Policy L/CP/PR/2, which relates to car parking for new residential development within the plan area, states:
"Notwithstanding the above, the Department will require the provision of 3 car parking spaces per unit where at least one of the spaces is retained within the curtilage and behind the front of the dwelling. In the case of residential terraces, the Department will generally require 3 spaces per unit which if not provided within the residential curtilage should be located as close as possible to the units to be served without compromising residential amenity. In the case of apartments the Department will generally require one space per bedroom to be provided."
Policy L/OSNC/PR/3, which relates to areas of ecological interest, states:
"In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance."
Policy L/S/PR/1, which relates to drainage, states:
"No development will be permitted where the sewage produced as a result of the development cannot be dealt with in a manner to the satisfaction of the Department of Transport and Department of Local Government and the Environment."
In terms of strategic plan policy, the Isle of Man Strategic Plan contains six policies that are considered specifically material to the assessment of the planning application:
"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
"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."
"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 Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The planning application seeks planning approval for the erection of three detached dwellings with associated services, parking and landscaping. The proposal was the subject of pre-application discussion.
In order to assess the proposal it is considered appropriate to first examine the principle of development and then, if necessary, the site specific impacts of the proposed development. In terms of the principle of development, as stated earlier in this report, the application site is designated for residential development under the Laxey and Lonan Area Plan Order 2005. The impact of the residential development of the application site on the surrounding highway network would have been considered as part of the designation process within the local plan. The relevant policy within the plan sets out a development brief, which states:
"This site is considered suitable for low density development of individual dwellings at a density similar to that of the adjacent properties. Development proposals must address the site as a whole and include a comprehensive landscaping scheme for each property."
As such it has to be concluded that the principle of residential development is acceptable against relevant local planning policy. This view is supported by the conclusions of the appointed Planning Inspector for the appeal against the refusal of previous planning application 07/01836/B, which was refused on the basis of site specific impacts as opposed to the principle of development.
With the principle of development established it remains necessary to examine the proposed development against the development brief and to assess the overall the site specific impacts of the proposal. In terms of the development brief it is considered that the density of the proposed development is low and similar to some of the larger properties found within the surrounding area. As the planning application deals with the site as a whole and includes a comprehensive planting scheme it is concluded that the proposal accords with the provisions of the development brief.
In terms of impact on public amenity the main consideration is the visual impact of the proposed development. The application site is within an area of existing residential development, in the area immediately surrounding the application site it is concluded that parts of the proposed development will be inevitably visible. However, due to the size of the application site, the relative positioning of the proposed dwellings, the topography of the area and existing natural screening it is also concluded that views of the proposed development from within the surrounding area may often be quite limited. To gain a view of the entire application site it is likely to be necessary to be further afield. From further distance the main public viewpoint of the application site is looking south across Garwick Bay from the straight coming into the bend on Laxey Road (A2). From this viewpoint the proposed development will be visible but the impact of that visibility is considered to be similar to the overall impact of detached dwellings forming the wider residential development of Clay Head. The proposed development purely forms another part of this residentially developed area and to some degree the visibility of development on the application site from this location must have logically been taken into account when the land was designated through the local plan process. Overall, it is concluded that the proposed development has an acceptable visual impact in terms of effect on public amenity.
Part of the consideration of visual impact is an assessment of the design of the proposed dwellings. Similar to other dwellings within the surrounding area the proposed dwellings are positioned and orientated to take advantage of the view across Garwick Bay, and include significant glazed elements. Whilst the design and form of the proposed dwellings, which are designed around energy saving measures to help reduce future maintenance costs, is unashamedly modern there are no planning policies that prohibit the use of modern design and form within areas that are designated as predominantly residential use. The proposal has been specifically designed to take account of the application site. As such, the design and form of the proposed development is concluded to have an acceptable impact on public amenity.
As for impact on private amenity the three main considerations are overlooking, overshadowing and overbearing. In respect of overlooking the orientation of the proposed dwellings combined with the distances from other properties together with changes in levels are such that the proposed development is concluded not to unduly affect the private amenity of surrounding property. In terms of overshadowing the respective height of the proposed dwellings, the distance from other properties and the path of the sun are such that proposed development is also concluded not to unduly affect the private amenity of surrounding property. For similar reasons of the respective height of the proposed dwellings and the distance from other properties it is concluded that the proposed development should not result in an undue overbearing impact. Overall, it is concluded that the impact of the proposed development on private amenity is acceptable.
Turning to impact on highway safety it has to be recognised that the application site is designated for development. As part of this designation it would have been accepted that some additional traffic generation would occur and at that time the impact of this increase was concluded to be acceptable. There are no grounds to oppose this previous conclusion. In terms of specific impact it is noted that the Department of Infrastructure Highways Division do not oppose the proposed development.
As part of the assessment of the planning application it is necessary to be satisfied that surface water and sewerage can be suitably dealt with. In terms of surface water the proposed development relies on soakaway within the application site. The results of percolation tests and subsequent agreement with the Isle of Man Water and Sewerage Authority provide sufficient evidence of this arrangement working in a satisfactory manner. As noted within representations to the planning application there is natural surface water running into and across the application site, particularly following heavy rainfall. During discussions with the Isle of Man Water and Sewerage Authority the applicant's agent has indicated their intention to divert this water through a reed bed attenuation pond so as to allow controlled dissipation of this surface water. Apporval for such a pond can be granted by this permission with the final detail to be determined by the landscaping of the application site. It is concluded to be appropriate to deal with the specific details of the water attenuation by a precommencement condition. Sewerage is proposed to be disposed of via in-site pumping to the existing main sewer connection. This means of disposal, which has raised no objection from the Isle of Man Water and Sewerage Authority, is deemed to be acceptable. Whilst representations have raised concerns about pumping equipment it is concluded that provided reasonable maintenance is followed its impact on the area should be acceptable.
A number of other issues are raised within representations and it is appropriate to address them as part of the assessment of the planning application. One such issue is the impact of construction traffic, however as such impact is temporary it is generally accepted in planning that the impact of construction traffic is not a material planning consideration and therefore cannot be taken into account as part of the assessment of a planning application. Similarly, the loss of an existing view resulting from proposed development is generally accepted as not being a material planning consideration and also cannot be taken into account. Other representations have suggested conditions should be imposed on any planning approval that require construction to be completed within a specified timescale and that occupation of the dwellings should be restricted to the applicant's family. In terms of these it has been previously established that planning conditions should not specify completion times and the planning system should not be erroneously used to control the free market.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division (same department as Planning Authority); The Manx Electricity Authority (non material planning considerations); The Isle of Man Fire and Rescue Service (non material planning considerations); The owner and/or occupant of Braeside (too distant to merit interested party status); and The owner and/or occupant of Crag Lea (too distant to merit interested party status).
Recommended Decision: Permitted Date of Recommendation: 25.05.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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 P026-01, P026-03, P026-07, P026-08, P026-10, P026-101, P026-102, P026-103, P026-104, P026-105, P026-106, P026-201, P026-202, P026-203, P026-204, P026-205, P026-206, P026-301, P026-302, P026-303, P026-304, P026-305 and P026-306 date stamped the 14th April 2011.
C 3. Prior to the commencement of development a detailed scheme of landscaping setting out and potentially expanding on the landscaping shown on drawing no. P026-10 must be submitted to and agreed in writing by the Planning Authority.
C 4. Prior to the commencement of development details of the surface water attenuation scheme (reed bed system) must be submitted to and agreed in writing by 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: Approved Committed Meeting Date: 17/6/11
Signed: O. H. H. (signature) Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
XES/NO
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