DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00429/B Applicant: JSK Property Ltd Proposal: Erection of detached garage and expansion of driveway Site Address: Langdale House Lower Dukes Road Douglas Isle Of Man IM2 4BQ Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.08.2023

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The garage hereby approved shall only be used in association with the main dwelling house "Langdale House" and for purposes incidental to the use of main dwelling house "Langdale House" as a single dwelling and only in accordance with the internal layout shown on plan 1643 - C2 received on the 14.04.2023.

Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; and avoiding any future fragmentation of the curtilage.

• C 3. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Planning Authority, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Planning Authority. Reason: To safeguard the appearance of the development and the surrounding area.

• C 4. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan OTR - 120223 in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.

• C 5. All tree planting comprised in the approved details of tree planting as approved under plan PP-130223 & Section 6 of the Arboricultural Impact Assessment shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the garage, whichever is the sooner. Any trees which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species

Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.

This application has been recommended for approval for the following reason.

It is considered the proposed would have no significant adverse impact upon private or public amenity and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 14.04.2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of Langdale House, Lower Dukes Road, Douglas, situated on the northern side of Lower Dukes Road. The property is a two storey detached dwelling situation within its own grounds. The front roadside boundary (southern) is made up of a Manx stone wall with mature hedging/bushes behind. Vehicular access is to the southern corner of the site access directly onto Lower Dukes Road.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of detached garage and expansion of driveway. The proposed tripe garage would have a width of 11.5m, a depth of 7.2m and a ridge height of 6.4m. The proposal includes three garage doors to the front (south) elevation, two with a height of 2.3m (standard) and a taller central garage door with a height of 3.1m. The floor plans shown an indicative motor home being parked in the central garage.

2.2 The garage is located to the northern boundary of the site and to the north of the main dwelling., A new internal driveway would run form the existing in a eastern direction and then curving in a northerly direction to the new garage.

3.0 PLANNING STATUS AND POLICY - 3.1 In terms of local plan policy, the application site is predominately residential under the Area Plan for the East. The application site is not within a Conservation Area. - 3.2 The Strategic Plan contains the following policies which are relevant in the determination of this 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 Residential Design Guide 2021

4.0 PLANNING HISTORY - 4.1 The previous planning applications associated with the site are considered relevant in the determination of this application; - 4.2 Alterations to dwelling; replace garage door with wall & window, installation of replacement doors and windows. Rebuild bay window on front elevation & re rendering of the dwelling - 22/01484/B - APPROVED - 4.3 Alteration of vehicular access and driveway - 22/01302/B - APPROVED - 4.4 Two-storey extension to form bath and shower rooms, dressing room and study, and double garage - 86/00426/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Highway Services (DOI) comment there is no highway interest (28.04.2023); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking"

5.2 Douglas Borough Council have no objection (12.05.2023). - 5.3 Ecosystem Policy Officer comments (04.05.2023); "The Ecosystem Policy Team would have no objection to this application provided that replacement tree planting is undertaken as is shown on the Tree Planting Plan, therefore we request that this is secured via a condition on approval. We also request that the applicant installs bird and bat bricks/boxes on the new garage, to provide mitigation for the permanent loss of garden habitat. We have pipistrelle bat records from the surrounding area so boxes suitable for crevice dwelling species would be appropriate high up on the south-west elevation of the garage. For birds, an entry hole nest box suitable for starlings, erected high up on the rear elevation is our recommendation." - 5.4 Highway Services Drainage comments (14.05.2023 - further comments unrelated to application on the 26.05.2023); "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: As there is insufficient information provided to determine overland water flow the applicant must demonstrate compliance with the clauses above." - 5.5 The Senior Arboricultural Manager comments (16.08.2023); "The Directorate does not object to the removal of 5 trees. If this proposal was to be approved we would recommend a condition to protect the remaining trees that included the tree protection plan (OTR - 120223) is followed in full."

- 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon visual amenities of the street scene, potential impacts upon neighbouring amenities and potential impacts upon existing trees. Potential impacts upon visual amenities of the street scene - 6.2 The proposed works while larger than most garages, would sit neatly within the site, which itself is sizeable in area. The proposed garage would site behind existing mature trees and hedgerows which run along all boundaries of the site. Accordingly, while these could be removed, it is unlikely given they given the applicants privacy. However, even if this were to happen; the siting and overall design of the garage would not site out of place with the area or street scene; appearing as a domestic garage in a residential area. - 6.3 Overall, it is considered the proposed works would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021. Potential impacts upon neighbouring amenities - 6.4 The properties most likely to be affect are those to the north and east of the site. However, given the distance between these properties and the garage, existing mature landscaping between and the overall design and siting of the garage; it is not considered the proposal would result in a significant adverse impact to warrant a refusal. Potential impacts upon existing trees - 6.5 A total of five Category C trees would be removed to make way for the proposal. Seven new trees are proposed to be planted along the northern and eastern boundary of the site. A tree protection plan has been included and a condition should be attached as per the Senior Arboricultural Manager comments. Other Matters - 6.6 Comments received from Highway Services Drainage seem to be in relation to an earlier application which has already been approved for access widening. This currently proposal would have no issue to the existing highway drainage networks.

- 7.0 CONCLUSION

7.1 It is considered the proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan and the Residential Design Guide 2021. The application is recommended for an approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 18.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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