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23/00796/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00796/B Applicant : Mr Kurt and Amanda Buchholz Proposal : Demolition of existing garage, and erection of replacement summer house Site Address : 21 Thorny Road Douglas Isle Of Man IM2 5EG
Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.09.2023 __
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 summerhouse hereby approved shall only be used in association with the main dwelling house "21 Thorny Road" and for purposes incidental to the use of main dwelling house "21 Thorny Road" as a single dwelling for no residential/tourist purposes and only in accordance with the internal layout shown on "Floor Plan A" dated on the 12.07.2023.
Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; to prevent the accommodation being used as self-contained/tourist accommodation which is unrelated to the main dwelling house; avoiding any future fragmentation of the curtilage; and the living accommodation being used separately from the main dwelling house would result in a unacceptable level of overlooking of the occupants of this main dwelling house "21 Thorny Road".
N 1. For the avoidance of doubt, it is recommended that a swift nest brick shall be installed at eaves height in either the western or northern elevation of the building in accordance with advice contained from the Ecosystems Policy Officer.
This application has been recommended for approval for the following reason. The proposed development is acceptable in terms of its form, mass and design by providing a well-designed replacement outbuildings that is appropriate in terms of scale and footprint. The
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proposals would pose no material impact upon the character and appearance of the streetscene or the adjacent Conservation Area, whilst ensuring that the amenities of adjacent residential properties would be sufficiently safeguarded. The proposals are therefore deemed to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2 and Environment Policies 36 and 42 of the Isle of Man Strategic Plan (2016).
Plans/Drawings/Information; This approval relates to the following drawings and documents referenced;
Site location plan Plan A - proposed floorplans Plan B - proposed west elevation Plan C - proposed north and south elevation Plan D - Existing plans and elevations Covering letter with site photos Received 12.07.23 __
Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to a detached two-storey dwellinghouse and its associated curtilage located on the southern side of Thorny Road, Douglas. The property includes a front garden area segregated from the streetscene by a white rendered stone wall which corresponds with the external finish of the property. The driveway extends southward within the plot adjacent to the site's eastern boundary towards a rear dual-pitched garage. The garage in question is finished in brickwork with asbestos roof tiles, and is presently in a very poor state of repair. The southern and eastern elevations are comprised of traditional Manx stonework.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the demolition of the existing garage and erection of a replacement outbuilding/summerhouse include a toilet and store room. The building would comprise a dual pitched roof and extend to the same height as the extension, but represent a modest uplift in both width and depth (4.5m x 7.5m). The building would be finished in brickwork as per the existing and slate roof tiles, whilst retaining and utilising the existing Manx stone walls as referenced above. Two doorways are proposed on the front (north) elevation with 3 narrow windows on the western elevation facing back towards the host property and rear garden.
3.0 PLANNING HISTORY 3.1 Planning permission was previously granted for a replacement garage and rear extension to the property in 2003 (PA 02/02268/B). The replacement garage, whilst of a comparable height to the existing, amounted to a significant uplift in floor area and indeed was greater than the new summerhouse now proposed. This permission was never implemented.
4.0 PLANNING POLICY 4.1 The application site is identified in the Area Plan for the East as land zoned for 'predominantly residential' purposes, whilst falling outside of but adjacent to the Selbourne Drive Conservation Area to the east and west.
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4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact
Spatial Policy 1 Development in Douglas
General Policy 2 General Development Considerations
Environment Policy 36 Development adjacent to Conservation Areas 42 Designed to respect the character and identity of the locality
4.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council - No objections. (21.07.23)
5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing cycle parking in an enclosed and secure storage facility to aid Active Travel. (21.07.23)
5.3 Manx Utilities Authority - The Ecosystem Policy Team would like to alert the applicants to the potential for nesting birds in the existing garage, and therefore the potential for birds, their nests eggs and chicks to be damaged or destroyed by the demolition of the garage.
We advise that thorough checks for nesting birds must be undertaken prior to the demolition, if nesting birds are present the demolition must stop and can only recommence once nesting has finished and the young have fledged.
All birds, their nests, eggs and young are protected and it is an offence to: intentionally or recklessly kill, injure or take any wild bird intentionally or recklessly take, damage or destroy the nest of any wild bird whilst it is in use or being built intentionally or recklessly take or destroy the egg of any wild bird intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.
The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine up to £10,000.
Because of this potential we also request that a condition is secured on approval for a nest brick suitable for swifts to be built high up in the north or western elevation of the new summerhouse. We also believe that there is some limited potential for roosting bats within the building and therefore checks for bats must also be made prior to demolition, which will require all holes and crevices to be investigated.
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Other signs to look out for to indicate presence of bats is small droppings and accumulations of moth wings. Bats can roost in buildings at any time of the year and therefore checks should be made whatever time of year the demolition is planned for. Bats are able to enter even the smallest holes. Pipistrelle bats can enter holes measuring only 20mm by 15mm so even small holes should be investigated.
Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law and it's an offence to: intentionally or recklessly kill, injure or take a bat intentionally or recklessly damage or destroy, or obstruct access to , any structure or place which bats use for shelter or protection intentionally or recklessly disturbs any bat while it is occupying a structure or place which it uses for that purpose.
The maximum penalty that can be imposed is a fine up to £10,000. If bats, or evidence of bats, is discovered while work is being undertaken, all work must stop and advice be sought from the DEFA Ecosystem Policy Team 01624 651577, or from the Manx Bat Group Help Line 07624 366177. (01.08.23)
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE 6.2.1 The site falls within the settlement boundary of Douglas and an area zoned for residential development, where there is a general presumption in favour of extensions to existing properties (including replacement outbuildings) provided such development would not have an adverse impact on either adjacent properties or the surrounding area in general.
6.3 DESIGN AND VISUAL IMPACT 6.3.1 The proposed replacement outbuilding largely mirrors the form and built vernacular of the existing, whilst representing a moderate uplift in width and depth. The existing garage is not of a particularly high standard of design or build quality that would merit its retention, particularly noting the use of asbestos in the roof, and a mixture of blockwork and single-skin brickwork. Likewise, the garage is well-recessed from the streetscene and therefore poses no meaningful interaction with it, or indeed the adjacent Conservation Area. Its replacement with a reasonably well-designed replacement building utilising comparable materials is therefore considered to be acceptable, and such that the character and appearance of the locality, including the adjacent Conservation Area, would be sufficiently safeguarded.
6.3.2 Given the above, the proposals are considered to be acceptable from a design and visual impact perspective, in compliance with General Policy 2 (b) & (c) and Environment Policies 36 and 42 of the Strategic Plan.
6.4 NEIGHBOURING AMENITY 6.4.1 The proposed outbuilding is comparable to the existing in terms of scale, whilst only representing a modest increase in depth along the mutual flank boundary with the adjacent property of Ememona to the east. Such an uplift in floor area would not result in a demonstrably harmful impact upon the amenities of the adjacent property with respect to loss of light, overshadowing or overdominance, with no material impact with regards to overlooking. The proposals are therefore considered to be compliant with General Policy 2 (g).
7.0 CONCLUSION
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7.1 The proposed development is acceptable in terms of its form, mass and design by providing a well-designed replacement outbuildings that is appropriate in terms of scale and footprint. The proposals would pose no material impact upon the character and appearance of the streetscene or the adjacent Conservation Area, whilst ensuring that the amenities of adjacent residential properties would be sufficiently safeguarded. The proposals are therefore deemed to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2 and Environment Policies 36 and 42 of the Isle of Man Strategic Plan (2016). The application is therefore recommended for 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: o 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 __
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: 02.10.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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