White Cottage Pinfold Hill Laxey Isle Of Man IM4 7HN
Case Officer:
Mr A Holmes
Photo Taken:
06.02.2013
Site Visit:
06.02.2013
Expected Decision Level:
Planning Committee
THIS PLANNING APPLICATION IS BEING CONSIDERED BY THE PLANNING COMMITTEE AT THE REQUEST OF THE SENIOR PLANNING OFFICER.
The Application Site
The application site comprises the curtilage of a semi-detached dwelling (White Cottage) that is located on the eastern side of Pinfold Hill in Lonan. The site is bounded by the attached dwelling (Venture) to the north, the MER line to the east, a detached dwelling (Iona) to the south and the A2 highway to the west. There is a drop in levels of around nine metres across the site from west to east. Changes in levels throughout the surrounding area also mean that the dwelling adjacent to the south (Iona) is set at a level above the application site.
The existing dwelling and overall application site is currently in a very poor state of repair and maintenance, which means that safe access to the rear of the application site is difficult. However, the site can be adequately viewed from the adjoining property to make a full and proper assessment of the proposed development.
The Proposal
The proposal comprises the erection of a replacement dwelling within the application site. The proposed replacement dwelling is a three storey mono-pitched dwelling of contemporary design. However, due to the changes in levels across the application site the proposed replacement dwelling would appear as a single storey building when viewed from the west. The main external finishes of the proposed replacement dwelling consist of smooth painted render and cedar cladding. Two on-site car parking spaces are proposed in front of the proposed replacement dwelling that access directly onto the adjacent highway.
The proposal would detach the dwelling from the adjoining dwelling (Venture), with a resultant gap between the two dwellings. Any agreement over the use of the resultant space between the two dwellings and the making good of the resultant external wall of the adjacent dwelling (Venture) is a civil matter between respective landowners and not something within the control, and therefore consideration, of the Planning Authority.
Planning History
Whilst the application site has been the subject of previous planning applications it is considered that none of these is specifically material to the assessment of this current planning application.
Planning Policy
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application.
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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption."
Housing Policy 6 states:
"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."
Paragraph 6.2 references back to General Policy 2.
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 parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2007. The standard for typical residential is 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
Representations
Lonan Parish Commissioners recommend that the planning application be approved.
The Department of Infrastructure Highways Division does not oppose the planning application.
The Isle of Man Water and Sewerage Authority does not oppose the planning application.
The owners and/or occupants of Venture, which directly adjoins the application site, express an interest in the planning application. They initially highlighted concerns over how the separation from their property would be done and how service provision/separation would be achieved. They subsequently submitted a further representation stating that they had discussed the proposal with the developer and were now supportive of the proposal.
Assessment
The first issue to consider is the basic principle and acceptability of the proposed development. As highlighted earlier in this report the application site is located within a wider area of land that is designated as predominantly residential use. As such, the general principle of residential development within an area of predominantly residential is considered to be acceptable and the main purpose of this planning application is to examine the site specific impacts of the proposed development. The key site specific issues to take into account are public amenity, private amenity and highway safety.
An assessment of the impact on public amenity comes down to a consideration of the effect of the proposed development on the street scene of the overall surrounding area. It can be seen that the surrounding area contains a wide variety of houses of different designs, ages and sizes. There is no one overriding common house type within the area and the street scene is varied as a result of this. As highlighted earlier in this report only the proposed replacement dwelling will appear as a single storey building when viewed within the street scene from the west. The impact of this building, which is set back from the highway, would not be significant within the street scene and the overall impact on public amenity is acceptable. Any public views of the application from other directions are too oblique and too far away to have any significant impact on public amenity.
In terms of private amenity, only the two directly adjacent properties (Iona & Venture) have any potential for being affected by the proposal, all other surrounding properties are too distance from the application site and proposed development. Of those two properties, as highlighted earlier in this report, the elevated position of Iona relative to the application site is such that the proposed development is unlikely to have any significant impact on the private amenity of that property. However, as the levels of the application site are essentially the same as those of Venture. The layout of the proposed development together with the position of windows and respective rooms is such that the proposal does not result in undue overlooking, overshadowing or overbearing of Venture. The top floor (upper ground) windows on the rear elevation serve a void space above the lounge with no directly adjoining internal floor space and a bedroom respectively. As with the majority of properties within the area the dwelling has been designed to take account of sea views. This has resulted in an elevated terrace the rear of the proposed dwelling at lower ground floor level. Direct overlooking from that terrace is satisfactorily addressed by its extent, position and the use of a glazed screen. Overall, it is concluded that the impact of the proposed development on private amenity is acceptable.
The proposed vehicular access arrangements, which effectively echo the existing situation, are not opposed by the Department of Infrastructure Highways Division. It is therefore accepted that the proposed vehicular access arrangements are appropriate and that the impact on highway safety is acceptable. As for car parking, whilst the number of on-site spaces meets requirements it is noted that none of these spaces behind the front of the dwelling as per the wording of Appendix 7. However, taking account of the existing situation and the physical ability to provide a space behind the front of the dwelling it is considered acceptable to set aside this part of the overall requirement. The Department of Infrastructure Highways Division do not object to the proposed car parking provision.
In respect of other considerations, there is no evidence to suggest that the proposed development cannot be appropriately drained and that all necessary utilities provided. The technical detail of how drainage is provided is a matter for Building Regulations and agreement between relevant landowners, neither of which are material planning considerations. Comments have also been made over the separation of the existing semi-detached dwellings into two detached dwellings and the making good of works to do this. Neither of these issues are material planning considerations and remain civil matters between the respective landowners.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Lonan Parish Commissioner;
The Isle of Man Water and Sewerage Authority; and
The owners and/or occupants of Venture.
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.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 25.02.2013
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
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 P10-01, P10-02 rev. A, P10-03 rev. A, P10-04 rev. A and P12-01 rev. A date stamped the 21st December 2012.
C 3. Prior to the first occupation of the dwelling the glass screen positioned at the northern end of the lower ground floor terrace, as shown on drawing no.s P10-04 rev. A and P12-01 rev. A date stamped the 21st December 2012, must be erected and glazed using frosted glass. The level of obscuration used must be no less than level 5 as detailed on the Pilkington’s textured glass range or equivalent. This glass screen must be maintained as such thereafter.
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