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Application No.: 17/00684/A Applicant: Howstrake Developments Ltd Proposal: Approval in principle for the erection of a 80 bed Care Home Site Address: Land Adjoining Far End King Edward Road Onchan Isle Of Man Principal Planner: Mr Chris Balmer Photo Taken: 13.09.2017 Site Visit: 13.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 09.10.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reasons: To ensure adequate site access and parking is provided in the interest of highway safety, to comply with the parking standards in 'The Isle of Man Strategic Plan 2016', to encourage sustainable travel to the site and to facilitate suitable vehicle and pedestrian access to the development.
This approval relates to the submitted documents and drawings dwg L4200(10) SK11, dwg L4200(10) SK12, dwg L4200(10) SK13, dwg L4200(010) SK14 and dwg L4200(010) SK15 received on 23rd June 2017; "Transport Statement" received on 19th April 2018; and "Site Plan/Location Plan" and dwg L4200(010) SK14B both received on 7th June 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties SHOULD be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
It is recommended that the owners/occupiers of the properties set out below should NOT be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4).
The following do not refer to the relevant issues in accordance with paragraphs 2 A & C of the Operational Policy:
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE BECAUSE THE OFFICER IS RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATION OBJECTING ON VALID PLANNING GROUNDS.
1.0 THE SITE - 1.1 The application site is situated at the western end of the built-up area of King Edward Road in Onchan. The land, which currently contains no built development, consists of partially open coastal heath land that slopes downwards from north to south towards the sea and parts of the site which have been partially evacuated. A new access and driveway has been installed, which runs from the King Edward Road and runs downwards into the site as approved under a previous application.
2.0 THE PROPOSAL - 2.1 The application seeks approval in principle for the erection of an 80 bed care home. No matters are for consideration now. The submission included indicative plans which show how an 80 bed care home building could be positioned on the site, including a sectional drawing which shows how the building could sit within the site taking the topography into account. Parking provision on-site is also included.
3.0 PLANNING POLICY - 3.1 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 two policies that are considered specifically material to the assessment of the planning application: - 3.2 Paragraph 4.23 states: "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
3.8 General Policy 2 states: "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:
3.9 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.10 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." - 3.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." Current car parking standards are set out at appendix 7 of the Isle of Man Strategic Plan 2007. - 3.12 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.13 Community Policy 6 states: "New community health care facilities and extensions to existing facilities will be permitted provided that they:
3.14 Paragraph 1.4.4 of the IOMSP states: "In the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail."
4.0 PLANNING HISTORY - 4.1 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: - 4.2 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 planning application was refused on the 25th September 2001. - 4.3 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 refused on the 29th October 2001. The refusal was confirmed at review, 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.
4.4 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 refused on the 23rd January 2003. The refusal was confirmed at review, 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. - 4.5 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 refused 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. - 4.6 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 approved on the 11th March 2008. - 4.7 Planning application 08/02129/B sought approval for the erection of a dwelling on plot 4 of the four plots approved under previous planning application 07/02101/B. This previous planning application was refused by the Planning Committee on the 17th April 2009. A subsequent appeal against the refusal was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 22nd July 2009. - 4.8 Planning applications 09/02073/B (Plot 2) and 09/02074/B (Plot 3) sought approval for a single dwelling on plot 2 & 3 of the four plots approved under previous planning application 07/02101/B. These previous planning applications were approved by the Planning Committee on the 13th April 2010. - 4.9 Planning application 09/02069/B sought approval for the erection of a detached dwelling (Plot 1 - replacing the existing dwelling Far Point). This previous planning application was approved by the Planning Committee on the 25th May 2010. A subsequent appeal against the approval was held where the Inspector and Minister refused the application (impacts to neighbouring properties The Long House & Braemer) on the 12th October 2010. - 4.10 Planning application 11/00942/B sought approval for the Erection of a dwelling on Plot
4.11 Planning application 12/00600/B sought approval for the alterations and erection of extensions to dwelling (Far End). This previous planning application was approved on the 13th June 2012.
5.0 REPRESENTATIONS - 5.1 Onchan Commissioners makes the following comments (11.07.2018 & 15.05.2018); have recommended a refusal on the grounds that:
"The proposals do not conform with General Policy 2 of the Isle of Man Strategic Plan and O/RES/P/9 of the Onchan Local Plan."
5.2 DOI Highway Services initially sought a refusal of the application (14.07.2017) due to lack of information and then a deferral (27.04.2018) of the application (12.04.2018). However, following additional information being submitted Highway Services make the following comments (29.06.2018):
"Since the previous highway response dated 21/05/18, the applicant has submitted additional information.
The applicant has provided a revised red line application boundary plan to demonstrate that land to the left when exiting the site is under the control of the applicant. Adequate highway visibility splays of 2.4m x 60m should therefore be achievable in both directions for the site access junction. A planning condition is needed for these splays to be provided and permanently maintained with nothing above 1.05m in height within the splay areas.
The revised proposed site layout plan (drawing no. L4200(010) SK14B) shows that the applicant has removed the proposed on-street service layby as previously requested by Highway Services. An on-site turning head has been provided to allow service vehicles to turn around within the site. The swept path analysis shows that a 10.5m length refuse vehicle could turn into and out of the site and turn around within the site without affecting the car parking spaces. This is acceptable and also demonstrates that emergency service vehicles including ambulances, which are all smaller than this, can also access the site. A future planning condition may be needed for double yellow lines to be provided along the site access road to protect access for larger and emergency vehicles but this could be considered at a later date as part of a future reserved matters or detailed planning application.
The revised proposed site plan also shows an adequate site parking provision of 35 car parking spaces including a disabled bay which would be sufficient to comply with the parking standards which require 27 spaces. Ideally at least 3 or 4 disabled bays would be provided and the applicant is requested to consider this for a subsequent reserved matters or detailed application. The standard spaces would be of size 2.5m x 5m size to accord with the minimum bay size in the 'Manual for Manx Roads' design guide. A sufficient car park aisle width of 6m is proposed to enable cars to turn in and out of the spaces. A planning condition is needed to secure appropriate site parking and turning provision including disabled parking for a future reserved matters or detailed application.
The revised proposed site plan indicates 2 areas for cycle storage. The level of cycle parking provision and the nature of the cycle stores, one of which should be covered for staff with both secure and lit, can be considered via a planning condition for a subsequent detailed application.
The applicant states that the lower section of the access road would be regarded and that a planning condition for site levels to be provided at a later date would be acceptable which is agreed. All road and footway areas should be no steeper in gradient than 1:12 to facilitate suitable vehicle and pedestrian access including wheelchair use.
Highway Services does not oppose the application subject to the following planning conditions:
5.3 The Senior Biodiversity Officer - DEFA initially commented that there was no to lizards on the site which had previously been discussed previously (27.07.2017). Additional information was then provided we the Officer sought a deferral to consider these (18/05/2018). Following this the Senior Biodiversity Officer made the following comment (24.05.2018): "I have now looked into the background to the lizard issue on this site. There has been a history of varied planning applications for this site. Lizards were found during a DEFA survey there in 2003 (re. PA 02/01755/B) and the line of rock exposure/scree was considered to be important as a basking area and potential hibernaculum. The lizards were on the heathland areas both within and adjacent to the site, and lowland heathland is itself a rare and threatened habitat. Lizards and their places of shelter or protection are protected under the Wildlife Act. Our current records show that lizards have been recorded along this coastal strip, including adjacent areas, with observations reported in the vicinity of the public footpath, where there is access.
The applicant has suggested undertaking a new survey to determine the current status of lizards at the site and I am in agreement that this is appropriate and necessary. There has been substantial work on the site, on and off, over the years, including land clearance and the removal of a section of the outcrop/scree bank. However, if lizards are not found on the site, I still recommend that some mitigation be provided, both to prevent lizards from accessing the site during development and to provide mitigation for the loss of the lizards from the site due to the ongoing works, for which mitigation has been planned previously. I am not clear whether any replacement hibernaculum has been provided on the site. There was a plan for it within armoured support for the ground for the lower houses and the MWT also planned a mitigation area at the top of the site. If the lower part of the site (2 plots) is no longer proposed for development, then there is an opportunity to reinstate a heathy rock bank in keeping with the adjacent area, as a key provision for lizards including hibernation, if designed appropriately. The zoning of the lower area could then, presumably, be reviewed under the Eastern Plan considerations.
Previous surveys and mitigation:
There is also a significant possibility of grey moths (another protected species) on sea campion amongst coastal rocks and this should be taken into account in any details of drain works down the cliff slope.
Essentially, the following points should be considered at this site.
5.4 Public Estates and Housing (DOI) comment that (16.08.2017); "there is no requirement for the applicant to comply with a suitable planning agreement for the provision of affordable housing for rent or sale." - 5.5 The owners/occupiers of the following properties have objected to the application: Dreemskerry, Lag Birragh Drive, Onchan Braemar, 1 Lag Birragh Drive, Onchan Fo Carrick, 6 Lag Birragh Drive, Onchan Dolphin Point, 5 Lag Birragh Drive, Onchan The Long House, Lag Birragh Drive, Onchan Capestal, 133 King Edward Road, Onchan 137 King Edward Road, Onchan Balnahowe, 139 King Edward Road, Onchan 64 King Edward Road, Onchan Hague Farm, 25 Summerhill Road, Onchan C/o 52 Alberta Drive, Onchan (The Friends Of Onchan's Heritage) 4 King Orry Place, Glen Vine - 5.6 Their objections can be summarised as (full comments can be read via the Government online services);
6.1 It needs to be acknowledged that the only matter for consideration at this stage is the principle of the use of the site for care home purposes and whether a 80 bed care home can be accommodated on the site. No other matters are to be determined now, including siting, design, external appearance, internal layout, means of access or landscaping. Due to this, the information is limited and only shows indicative drawings which show how a building on this site could be accommodated. It is noted however, that a detail Transport Statement has been provided, to determine whether the principle of a 80 bedroom care home can potentially be accommodated in terms of traffic generations and highways safety. PRINCIPLE OF DEVELOPING THE SITE FOR THE PROPOSED USE - 6.2 In terms of the principle of development it acknowledged that the site is designated as residential under the Onchan Local Plan. However, it is noted that the IOMSP states that;
"Health care facilities such as nursing homes, residential homes, or training centres are usually sited within residential areas, but can generate activity and traffic which has detrimental effects on the amenity and character of these areas."
6.3 Accordingly, Community Policy 6 requires consideration which states that new community health care facilities cannot result in an; over concentration of such uses in a particular area; would not have an unacceptable effect on the residential or prevailing character or amenity of the area; would be easily accessible; and would not have an unacceptable impact on the local highway network. - 6.4 In terms of an over concentration of such uses in a particular area, it is not considered this would result in such, as there are no care home facilities in the area. - 6.5 In terms of whether the proposal would have an unacceptable effect on the residential or prevailing character or amenity of the area, this is difficult to consider at this stage given the limited information due to the nature of the application. However, with any potential future reserved matters application or full application, the Department would need to be satisfied that the design, scale and siting of the building was acceptable in terms of this matters. If the Department wasn't, then the application could be refused on these grounds. - 6.6 The third issue of whether the site "would be easily accessible" could include a number of areas i.e. access by car, bus, cycle & pedestrian etc. In terms of access by motor vehicles, the site is easily accessible located along King Edward Road which has good links into Douglas, Onchan and beyond. Highway Services have raised no objection to the traffic generated by the proposal onto the highway network. There are good public footpaths links as well from the site into Douglas/Onchan, being 1.6 miles from Onchan Village Centre, 3 miles to Douglas Town Centre (Town Hall) and 1.2 miles from Port Jack. The Nr 13 bus (Douglas to Onchan and Laxey) runs along Kind Edward Road, albeit only during the week. The applicants have commented that the residents of the care home would not be reasonable be expected to be car users, but mobility scooters storage would be provided on site. The applicants comment that likelihood of residents walking to access local amenities is very low. They indicate that it is unlikely residents will walk from the Home and their medical requirements will be catered for by the Home and other facilities such as a cinema, hair salon and organised activities will be provided on site. Staff for the site would have a number of options available for the reasons indicated and given the sites location close to the largest settlement on the IOM. Overall, it is considered that the site "would be easily accessible" to meet the needs of the various relevant users for their specific needs. - 6.7 The final point is whether the proposal "would not have an unacceptable impact on the local highway network". The applicants, after consultation with Highway Services, have provided a Transport Statement. In terms of traffic generated by a 80 bed care home the applicants statement indicates that over a 24hr period there would be a total of 96 vehicles arriving and 98 vehicles departing (total of 194). Splitting this into the two peak periods
7.1 In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to the Isle of Man Strategic Plan (June 2016). - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted……….... Committee Meeting Date:…15.10.2018
Signed :………C BALMER……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
YES/NO See below
Application No. : 17/00684/A Applicant : Howstrake Developments Ltd Proposal : Approval in principle for the erection of a 80 bed Care Home Site Address : Land Adjoining Far End
King Edward Road Onchan Isle Of Man Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report Planning Committee endorsed the Case Officer's recommendation subject a slight revision to condition 6.
Also, amending his recommendation the Case Officer revised his assessment that the owners/occupiers of the following properties SHOULD NOT be given Interested Person Status for the same reasons as wider contributors;
Balnahowe, 139 King Edward Road, Onchan. - As they do not refer to the relevant issues in accordance with paragraphs 2 C of the Operational Policy
The Committee endorsed the revised recommendation.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To provide adequate safeguards for the ecological species (lizards) existing on the site.
Reasons: To ensure adequate site access and parking is provided in the interest of highway safety, to comply with the parking standards in 'The Isle of Man Strategic Plan 2016', to encourage sustainable travel to the site and to facilitate suitable vehicle and pedestrian access to the development.
This approval relates to the submitted documents and drawings dwg L4200(10) SK11, dwg L4200(10) SK12, dwg L4200(10) SK13, dwg L4200(010) SK14 and dwg L4200(010) SK15 received on 23rd June 2017; "Transport Statement" received on 19th April 2018; and "Site Plan/Location Plan" and dwg L4200(010) SK14B both received on 7th June 2018.
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