Officer Report

Application No.: 15/00804/B Applicant: Mr Richard Morris Proposal: Variation of condition one of PA 11/00645/B Erection of a dwelling to extend the period of permission by four years Site Address: Part Field 134548 Adjacent To Ambleside & Grainane Glen Auldyn Road Glen Auldyn Ramsey Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAVE OBJECTED TO THE APPLICATION WHICH IS RECOMMENDED FOR AN APPROVAL.

1.0 THE SITE - 1.1 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.

2.0 PROPOSAL - 2.1 The proposal seeks approval for the variation of condition one of PA 11/00645/B for the erection of a dwelling to extend the period of permission by four years. - 2.2 The dwelling would have a maximum width of 33.5, a maximum depth of 29.2 metres, and a ridge height of 6.8 metres (west elevation). The proposal would be set a minimum distance of 119 metres east of Glen Auldyn Road.

3.0 PLANNING STATUS / POLICY - 3.1 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. - 3.2 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:- - 3.3 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."

3.4 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:-

• (a) buildings must be substantial, and designed and finished to the highest quality; and
• (b) 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. 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."

4.0 PLANNING HISTORY - 4.1 The previous planning applications are considered relevant in the assessment and determination of this application:- - 4.2 Erection of a dwelling - 11/00645/B - APPROVED at Appeal - 4.3 Erection of a dwelling - 10/01581/B - WITHDRAWN

4.4 Erection of a dwelling - 09/00094/B - REFUSED at appeal for the following reason:"The proposed development would cause significant harm to the character and appearance of the area and residential amenity of local residents due to the design, scale and location of the new dwelling, contrary to the requirements of Planning Circular 8/89 and the policies of the Strategic Plan." - 4.5 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."

5.0 REPRESENTATIONS - 5.1 Lezayre Parish Commissioners have objected to the application for the following reasons:"The owner should have got on with the build. Landowners submit plans, but then do not build them and housing stock remains static."

6.0 ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to Condition 1 of PA 11/00645/B. - 6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Isle of Man Development Plan Order 1982 and the Isle of Man Strategic Plan 2007 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force. - 6.4 Whilst an objection has been received from the Lezayre Commissioner on the basis that they feel the approval should have been implemented already and that the number of permissions that are not being taken up is causing stagnation in the housing market. Permission cannot be refused on this basis, the purpose of having time limit on approvals is so that applications can be reassessed in the light of any changes in circumstance, either on the site itself, or in relation to policy, or any other material matters. As indicated above there does not appear to be any material changes in circumstance since the last time the application was considered.

7.0 RECOMMENDATION - 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. - 7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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 in whose district the land the subject of the application is situated.

"With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".

Recommendation Recommended Decision: Permitted Date of Recommendation: 25.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. Prior to the commencement of any building operations there must be submitted to and approved by the Department large-scale (1:20 or better) detailed drawings, showing sectional drawings of the proposed driveway. The development shall not be carried out unless in accordance with the approved details.

Reason: In interest of the visual amenities of the area and to ensure an acceptable means of access can be achieved

• C 4. 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 Department 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 the proposed dwelling 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 Department gives written consent to any variation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• C 5. Prior to the commencement of works a method statement is required to be submitted to and agreed in writing by the Department in consultation with the Forestry Directorate (Department of Environment Food and Agriculture). This statement shall include full details of precautionary measures to be taken to protect the trees within the site. Development shall not proceed subsequently except in strict accordance with the approved statement. Reason: To safeguard the appearance of the development and the surrounding area.

This approval relates to drawings reference numbers Glen Auldyn 11/01, Glen Auldyn 11/02 and Glen Auldyn 11/03 all received on 17th July 2015.

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 : ……PER…… Committee Meeting Date:…07.09.2015 Signed :………C BALMER………….. Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES/NO

After discussion the Committee agreed with the recommendation and approved the application subject to an alteration to Condition 1 reducing the permission from four years to two

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C Balmer 8/9/15