Officer Report

Application No.: 14/01178/A Applicant: Douglas Bolton Proposal: Approval in principle for erection of a dwelling addressing siting and means of access Site Address: Field 234504 Land Between Belgaun And Whiteleas Main Road Kirk Michael Isle Of Man Case Officer : Miss Laura Davy Photo Taken: 21.10.2014 Site Visit: 21.10.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of part of Field 234504 which is between Belgaun and Whiteleas which is to the south east of the Main Road. This part of the field is bound by a Manx stone wall on the boundary shared with the Main Road. The application site is part of Field 234504 which is a large field which extends up to the driveway of The White House. - 1.2 There is no access to the site from the highway and the site has a number of mature trees adjacent to the highway: the part of the site furthest from the highway is currently grazing land.

2.0 THE PROPOSAL - 2.1 The application seeks approval in principle for the erection of a dwelling addressing siting and means of access.

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications for this site.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area of "open space/white land" and is also within the Kirk Michael Conservation Area both as identified on the Kirk Michael Local Plan 1994. Given the nature of the application it is appropriate to also consider Strategic Policy 1, Spatial Policy

• 3, General Policy 3, Environment Policy 3, Housing Policy 4, Environment Policy 35 and Environment Policy 42 of The Isle of Man Strategic Plan (20th June 2007).

5.0 CONSULTATIONS - 5.1 Highway Services recommend refusal. The site is within a 30mph speed limit on a strategic route and is also part of the TT course. Policy relating to access on to the highway has presumption against any new access being created onto the highway. Speed data indicates that 85%tile of vehicles are travelling at 35mph, visibility splays for a 40mph limit would be used, therefore visibility splays of 2.4 x 120 metres in both directions, over land within ownership of the applicant would have to be achieved. From the information provided,

• the visibility splays cannot be achieved. These comments were received in an email dated 24th October 2014.
• 5.2 Manx Utilities Authority (electricity) recommend that the applicant contact them regarding connection to the electricity supply. These comments were received in an email dated 17th October 2014.
• 5.3 Department of Environment, Food and Agriculture Forestry Division make the following comments:

• - This group of trees are large mature sycamore, beech, oak, ash and elm. Most are in good condition.
• - They have significant visual amenity value in the landscape.
• - The tree locations on the site map provided are not entirely accurate. Root protection areas (BS58370) and crown spread are not shown. Have above/below ground constraints been properly considered_
• - 3 trees would need to be removed to put in the proposed access due to root disturbance and soil compaction. Even with the removal of these 3 trees I would suggest a no dig solution (e.g. CellWeb tree root protection system). See attached.
• - The size and position of building needs to be carefully considered to avoid damage during construction and future pressure for removal on the grounds of safety, risk of damage, lack of light/shading, obscuring of views and seasonal nuisance from the shedding of leaves by any new resident(s). They recommend that a full arboricultural survey and tree impact assessment are done before approval in principle is granted. These comments were received in an email dated 10th November 2014.

5.4 Michael Commissioners object on the grounds that this is open space zoned for agricultural use. These comments were received in an email dated 10th November 2014. - 5.5 Owner/occupier of Belgaum, Whitehouse Cottages, Main Road, Kirk Michael objects to the application. Their objection can be summarised as follows:

• - Most of the properties on Main Road, Whitehouse Cottages have no off road parking and rely on the area in front of the proposed development for car parking. This development would lead to parking difficulties and could reduce visibility from Whitehouse Cottages. They also have concerns regarding traffic congestion particularly for those using the Faie Ny Cabal estate on the opposite side of the road.
• - The creation of the access would allow no room for excavation without damage to the root system of the trees. The proposed new services that are required for the development would also need to be excavated through the root system of the existing trees. There is no mention of the number of trees to be removed but they would estimate that at least three or four would need to be felled. The driveway would need to slope down to the highway and would see removal or at best disturbance of the tree root system.
• - They have concerns regarding drainage and flooding. They are concerned that the proposed new development could lead to more frequent flooding of their property due to the increased amount of water entering the drainage system.
• - They also feel that the extent of the development would represent an unwarranted encroachment into the countryside. The distance into the field is more than the distance of any existing development on either side. They feel that this would have a harmful effect on the countryside in what is a conservation area, this could set a precedent.
• - They also have concern regarding the impact upon their private amenity as they do not know size or siting of the proposed dwelling.
• - They note that that yellow notice has not been displayed for the set amount of time and has been placed approximately 1m back from the boundary wall. These comments were received in a letter dated 7th November 2014.

5.6 Owner/occupier of Elm View, Main Road, Kirk Michael objects to the application. Their objection can be summarised as follows:

• - They have concerns regarding the loss of on street parking which would arise from the creation of the access. They note that there is already very limited parking to the front of the properties along Main Road. They feel that a lane off the driveway up to Whitehouse Farm would lessen the impact on the already strained parking arrangements along Main Road.
• - The location of the dwelling would not be in keeping with the layout of Whitehouse Cottages.
• - There are a number of properties for sale in Kirk Michael and therefore do not see the need for this dwelling.
• - They feel that it would be an eyesore when viewed from their property and would spoil their view.
• - There is potential for the loss of trees by creating the access or once the property is built the trees being too close and having to be removed.
• - They have concerns with regard to flooding and feel that the existing drains are already under pressure.
• - They also feel that a dwelling in this location would have a harmful impact upon Belgaum and would result in a loss of privacy. These comments were received in a letter dated 7th November 2014.

5.7 Owner/occupier of Whiteleas, Main Road, Kirk Michael objects to the application. Their objection can be summarised as follows:

• - Highway safety, visibility would be difficult from the proposed access, if the application is granted this may lead to double yellow lines which would result in removal of cars which work to slow the traffic.
• - The proposed access may result in the loss of on street parking which is used by those occupying Whitehouse Cottages which do not benefit from off street parking.
• - Privacy, overshadowing and outlook, while there are no plans, the submitted paperwork has the potential of overlooking the garden, lounge and bedroom of their property.
• - The loss of trees would have a harmful impact on the Kirk Michael Conservation Area.

6.0 ASSESSMENT - 6.1 The key considerations in the assessment of the application are the land use, the impact upon the character and appearance of the street scene, the compatibility with adjacent land uses, the impact upon highway safety and the impact upon the existing trees. - 6.2 Kirk Michael is identified as a Service Village in the Strategic Plan, Spatial Policy 3 indicates that housing should be provided to meet local needs and in appropriate cases broaden the choice of location of housing. The site while within Kirk Michael is within an area of open countryside and therefore there is a presumption against development, exceptions to this are set out under General Policy 3, however, the proposed development would not fall within any of these exceptions. - 6.3 The site has a number of mature trees on the site which are proposed to be retained as part of the development as the dwelling would be sited towards the rear of the site which would be behind the rear building line of the properties adjacent to the application site on either side. The Forester from the Department of Environment Food and Agriculture has explained that the location of the trees on the plan does not appear to be accurate and the driveway is likely to result in the loss of three trees and potentially impact a number of others. He has explained that it is difficult to comment in detail and would require a full arboricultural survey. - 6.4 The access would be created in the Manx stone wall which runs along the front boundary, the access onto the highway would be within a 30mph speed limit which is the Main Road and TT course, and there is a presumption against a new access onto the TT course. Date suggests that 85%tile of vehicles are travelling at 35mph. Highway Services have indicated

• that visibility splays of 2.4m x 120m should be provided over land within the ownership of the applicant. Highway Services have suggested that the visibility splays cannot be achieved from the information provided.
• 6.5 The application site is within a green gap which is identified as open space as part of the Local Plan. The mature trees located on site provide a break in development between the existing properties which are sited to either side of the piece of land. While the dwelling would be sited beyond the belt of trees it is considered that the proposal would affect the open character of this piece of land and would be considered as inappropriate backland development as set out in Environment Policy 42. It is considered that the development of the application site would have an unacceptable impact upon the rhythm of the street scene and would have an adverse impact upon the character and appearance of the Kirk Michael Conservation Area which would be contrary to Environment Policy 35.
• 6.6 Two objections have been received from neighbouring properties relating to impact upon highways, drainage, trees, countryside and private amenity. Highway Services have not commented on the loss of on street parking but have raised concerns regarding the new access and whether there would be sufficient visibility splays. There are concerns regarding the impact upon trees and it does not appear to have been adequately demonstrated that there would not be undue harm caused to the trees. In terms of the encroachment in to the countryside it is considered that the siting of the proposed dwelling would be out of keeping with the pattern of development along this part of Main Road and would result in an unacceptable intrusion into undeveloped countryside. The neighbouring properties have concerns regarding private amenity. It is likely that a dwelling could be accommodated on the site without having an unduly harmful impact upon the amenities of the neighbouring properties. The design and orientation of the dwelling would be assessed as part of a reserved matters application.
• 6.7 For the above reasons the application is considered to be unacceptable and is recommended for refusal.

7.0 PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority, Michael Commissioners in whose district the land the subject of the application is situated.

7.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application. - 7.3 In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:

• - Owners/Occupiers of Elm View, Main Road, Kirk Michael
• - Owners/Occupiers of Whiteleas, Main Road, Kirk Michael
• - Owners/Occupiers of Belgaum, Main Road, Kirk Michael

Recommendation

Recommended Decision: Refused

Date of Recommendation:

12.11.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• R 1. The proposal would result in the loss of an open green space which contributes to the character of the street scene which would be contrary to Environment Policy 42 of the Isle of Man Strategic Plan.
• R 2. The visibility splays requested by Highway Services cannot be provided over land within the ownership of the applicant and therefore sufficient visibility for drivers of vehicles emerging from the site cannot be achieved contrary to General Policy 2 part h) and i) of The Isle of Man Strategic Plan and the development would be detrimental to highway safety.
• R 3. It has not been adequately demonstrated that the proposed development would not result in the unacceptable loss of or damage to the area of trees: as such the proposal would be contrary to Environment Policy 3 of The Isle of Man Strategic Plan.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Refused Date : 14/11/14 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed : Sarah Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Signed :…………………………………….. Jennifer Chance

Director of Planning and Building Control Head of Development Management