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The site represents the curtilage of Field 134548, Glen Auldyn Road, Glen Auldyn. The site is an undeveloped parcel of land located east of neighbouring properties "Grainane" and "Ambleside", on the eastern side of the Glen Auldyn Road.
The application site is within an area recognised as being an area of "Low Density Housing in Parkland" (LDHP), under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, nor within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the 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:
Planning Circular 8/89 – Low Density Housing in Parkland needs to be taken into consideration when determining the application.
Paragraph 3 of this policy states:-
"Areas of existing low density housing in parkland (marked "PE" - Private Estates - on the Development Plan) are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive
contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the Island's Towns and Villages, and (b) those which are not.
In the case of (a),
Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted.
In the case of (b),
The erection of further dwellings will only be permitted in exceptional circumstances.
Paragraph 4 goes on to state:-
Areas proposed for development as Low Density Housing in Parkland may be developed in accordance with the following criteria:-
Any specific policies included in the relevant Local Plan must also be observed.
Satisfactory provision of services and access will, of course, also be required."
The previous planning application is considered relevant in the assessment and determination of this application:-
Approval in principle for the erection of a dwelling – 02/01874 – REFUSED for the following reason:-
"The application, as submitted, contains insufficient information to enable a rational decision to be taken as to whether the proposed dwelling would sit comfortably and naturally in its setting as required by Circular 8/89."
The proposal seeks approval for the erection of a dwelling. The dwelling would have a maximum width of 32 metres, a maximum depth of 23 metres and a ridge height of 6.5 metres (9 metres including garage level). The proposal would be set a minimum distance of 240 metres east of Glen Auldyn Road.
Lezayre Parish Commissioners have objected to the application for the following reasons:-
"The dwelling is too high, too big and intrusive, out of keeping with other properties."
Highways Division:-
"Do not oppose. Note: minimum stopping distances have been used due to the location and nature of the road."
The Drainage Services Manager makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority (MEA) makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owners/occupiers of Ambleside, Glen Auldyn, have objected to the application which can be summarise as; loss of privacy; impact upon wildlife and woodland; existing lane inadequate for the
necessary vehicle traffic during development; highway issue concerns relating to the access; the design is not in keeping; and drainage concerns.
The owners/occupiers of White Coppice, Glen Auldyn, have objected to the application which can be summarise as; loss of privacy; not in keeping with other properties in the Glen; and the proposal is contrary to Circular 8/89 as there are no exceptional circumstances that justify this application.
The owners/occupiers of Grainane, Glen Auldyn, have objected to the application which can be summarise as; due to height of proposal and ground level differences, this equates to a five story building; loss of privacy; drainage concerns; during construction possible damage to surrounding trees; proposal out of keeping; reduce public amenity of the landscape; and the proposed dwelling does not sit comfortably or naturally within its proposed setting.
J G Kelly Ltd writes on behalf of the owner/occupier of Winston, Glen Auldyn, and has objected to the application which can be summarise as; the proposal will be highly visible and dominant on the landscape; and due to the elevated position it will be visually detrimental and tantamount to background development, as confirmed in the previous refusal.
The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan, has commented on the application which can be summarise as; not a traditional design, in keeping with 3/91.
As the site is within an area zoned as Low Density Housing in Parkland, Planning Circular 8/89 is relevant to consider.
Paragraph 3 of this policy states that development may be considered as long as; "development could take place without any tree-felling and without any diminution of the public amenity value of the landscape".
The policy continues and requires any development must be substantial, and designed and finished to the highest quality; each dwelling must be sited, in at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.
Dealing with the first aspect of the above policy, the proposal includes a full tree survey of the site and has all been indicated on the submitted plans. The proposal would not require any of the existing trees within the site to be removed. The plan does show that a number of new trees would be planted to the south of the proposed dwelling. Additionally, the applicant has proposed a new sod bank and evergreen hedging along the northwest part of the boundary. It is therefore considered; the proposal would comply with this aspect of the policy as no tree-felling would be required and therefore would not reduce the amenity value of the landscape.
The policy requires any building to be substantial in size and finished to the highest quality. The majority of the dwelling would be set over two floors, with the exception of the garaging, which is set below the two floors within the ground, due to the contours of the land. The proposal would result in a substantial property, the ground floor would accommodate a number of large living rooms (principle rooms) whilst the first floor would accommodate six en-suite bedrooms, five of which have individual dressing rooms. The floors are also accessed via a lift.
The proposed dwelling would be finished with Manx stone and a render finish, whilst the curved roof would be finished with zinc. The windows, doors and drainage pipes would be aluminium in finish.
Overall, it is considered the proposal would meet the criteria as set out in Planning Policy 8/89 of being substantial in size and finished to the highest quality.
The next part of the policy requires any dwelling being set within at least 1 acre (0.4 ha) of its own grounds, such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. The application site represents some 1.73 acres (0.7 hectares), therefore is almost double the criteria as set out above.
The proposal is set within the centre of the site and would appear to sit comfortably within the boundaries of the site and would certainly not be an over development. The main issue relating to the policy is whether the proposal would sit comfortably and naturally in the landscape acknowledging the ground contours.
The site varies in ground level, the lowest part being 105.0 which increases to 120.0. The level of the entrance of the site onto Glen Auldyn Road is 99.95. The proposed dwelling would have a floor level of 115.0. The proposed dwelling is towards the higher part of the site, but consideration has been taken in the design, which has produced a dwelling with a curved roof which results in a lower ridge line compared to a more conventional roof (pitched roof) and consequently the dwelling is relatively low in structure.
The proposed dwelling would be most prominent looking from the south of the site along the Glen Auldyn Road (B16), approximately 230 metres away. However, planning approvals have been given for two, two storey detached dwellings within fields 132425 and 13308 both to the south of the application site, which would significantly reduce the appearance of the dwelling. Both dwellings were approved under Planning Circular 8/89. Notwithstanding, whether these dwellings are constructed or not, given the distance the dwelling would be sited from the road and the existing mature trees between the highway and the application site, the proposal would not have a significant impact upon the visual appearance of the landscape.
From the east of the site the dwelling would also be visible from the lane which runs between "Grainane" and "Ambleside", and from the Glen Auldyn Road (B16). However, given the existing mature trees along the western boundary of the site, this landscaping would certainly reduce the visibility/appearance of the dwelling, during all periods of the year, including when the trees are leafless, given the number and height of the trees.
Due to the siting of the dwelling in relation to the topography of the surrounding land, the proposed dwelling would be set above the nearby neighbouring properties.
Overall, it is considered that given the distance the dwelling would be sited from the Glen Auldyn Road (230 metres) and neighbouring properties, the mature boundary landscaping surrounding the site, the finish of the dwelling and the height of the dwelling, the dwelling would sit comfortably and naturally in a landscaped setting which acknowledges the existing ground contours and existing trees, therefore complying with Planning Circular 8/89.
Regarding General Policy 2, this policy deals with issues relating to the design of the dwelling in relation to surrounding properties, impacts upon neighbouring residential amenities and highway issues.
The design of the dwelling is a more contemporary design, especially due to the large expanse of glazing and the curved zinc roof, which would be unique to properties within the Glen Auldyn. The properties within the glen are made up of a variety of single and two storey traditional and non-traditional properties.
Given this, it is considered a more contemporary design would not be unacceptable for this site, due to the variety of size and designs of dwellings within the glen. Additionally, it could be argued that a property of this design and height would be the best solution for the site, given the elevated position, compared to a more traditional styled property, which with correct proportions would mostly likely have a greater impact.
Regarding the issue of overlooking which could result in a loss of privacy, initially concern was that the proposal might impact upon the neighbouring amenities of "Grainane", "Ambleside" and "White Coppice". The closest of these properties is "Grainane" which is located approximately 120 metres to the northwest of the proposed dwelling. "Ambleside" is located approximately 136 metres west of the site and "White Coppice" is approximately 190 metres southwest of the site. The proposed dwelling would be raised above these properties and therefore increases the amount of potential overlooking. However, the Departments guidelines indicate a gap of 20 metres should be retained between directly facing windows. Overall, given the proposed dwelling would retain a significantly larger distance than the generally accepted 20 metres, and given the number of mature trees which run along the western boundary of the site, it is considered no significant overlooking would occur, even given the elevated position over the neighbouring properties.
With regard to the issue of the access onto the Glen Auldyn Road, the proposal would use an existing lane which is shared with both "Grainane" and "Ambleside". It is considered an additional dwelling using the access would not significantly increase traffic generation, and would not impact upon highway safety. The Highway Division have considered the application and have no objection.
Consideration has also been taken in respect of the amenities of the neighbouring properties "Grainane", "Ambleside" and "Winston" through an increased amount of disturbance because of additional vehicles. It is concluded that one additional dwelling would not significantly increase disturbance to the detriment of the residential amenities of neighbouring properties.
Regarding ownership matters which have been indicated by an objector, this is a civil matter and not a material planning matter which can be considered in the determination of this application.
Other concerns made by objectors relate to drainage concerns. The Drainage Division have no objection to the proposal. A future Building Regulations Application will be required to be submitted which will deal with the precise details on how the site would be correctly drained.
The applicant is aware of an overhead cable which runs through the site which would have to be redirected, and has in the past agreed (adjacent site field 132425) under same ownership) with the MEA for the cables to be laid underground at his expense.
In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to General Policy 2 of the Isle of Man Strategic Plan (June 2007) and Planning Circular 8/89 - Low Density Housing in Parkland.
It is considered that the following parties meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following party do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted Date of Recommendation: 02.06.2009
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 the erection of a dwelling as proposed in the submitted documents and drawings 08/73/04, 08/73/05 and 08/73/06 all received on 21st January 2009.
C 3. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external finishes of the building, these include the “zinc roof” and the aluminium frames.
C 4. Prior to the commencement of any building operations there must be submitted to and approved by the Planning Committee large-scale (1:20 or better) detailed drawings, showing sectional drawings of the proposed driveway.
C 5. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
N 1. The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport’s “Manx Sewers for Adoption” and all necessary inspections/surveys (including CCTV) are to be carried out at the developer’s expense.
In accordance with the Sewerage Act 1999, a communication fee will be payable to the Department of Transport in respect of this property being connected (directly or indirectly) to the public drainage system.
NOTE: Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer. The applicant is therefore advised to contact the Development Control section of the Division to discuss this matter.
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
It is noted that the surface water from the property is to be discharged via a soakaway. The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.
There is a HV overhead line in the area highlighted for the proposed dwelling in your planning application, which may need to be under grounded or re-routed. Please contact Ian Gibertson, Operations and Maintenance Engineer (tel: 687664) to discuss your application.
All work to be carried out in accordance with Health & Safety Guidance Note GS6.
MEA will not accept liability for any costs incurred for any works.
add Tree protection Cond
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