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According to the Douglas Local Plan Order 1998, Map No. 3 North, the site is located in an area designated for "Predominantly Residential Use" and is not located within a Conservation Area.
The following policies have been considered for this application and we feel that the proposal presented in this document adequately addresses and complies with the requirements set out within these policies;
Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states that: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
General Policy 2 states that; "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 that; "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 criteria in paragraph 6.2 of this plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Environment Policy 42 states that; "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate back-land development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open of green spaces which are to be preserved will be identified in Area Plans."
Transport Policy 4 states that; "The new and existing highways which serve any development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7 states that; "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Based on our consultation with Mr Balmer we recognise that great care needs to be taken to address any impact the development would have on the privacy of surrounding properties. As a result this has set the perimeters and constraints to which the building has been placed on the site and landscaping has been used to address these concerns.
The building is orientated on a north-west to south-east axes, partly dictated by the proportions of the site, however allowing for a south-west facing Courtyard. The positioning of the courtyard also creates a set-back/buffer from the boundary and provides a significant visual improvement for the neighbouring apartments. To mitigate any potential loss of sunlight to the neighbouring properties along the north-east boundary (Poplar Road), the proposed building is positioned as close as possible to the south-west boundary to create a buffer zone where the neighbouring buildings are closest.
Considering the visual impact that the new development could have on the privacy of the properties along Upper Duke's Road and Poplar Road, the proposed building has been set back off both boundaries, providing a gap of approximately 17.5 m to 22.6 m respectively from neighbouring first floor windows.
Further measures has been taken to prevent the loss of privacy by; i. planting additional native trees along the north-west and north-east boundaries, including hedges. ii. setting the ground level approximately 2.1 m below the properties along Upper Duke's Road. iii. having no direct windows on first floor facing the properties along Poplar Road. iv. replacing the wire-mesh fence along Upper Duke's Road with a 1.8 m timber fence and hedge, to be maintained at 2.5 m .
With the proposed number of apartments to be changed from 8 to 7 , the footprint of the building will be reduced from the previous scheme (14/01034/B). This would also prevent the need for any encroachment or purchase of DoHSC land and ensure that the proposed development stays within it's designated allotment.
Refer to Figure 1 \& Figure 2 for building coverage comparison between the previous and proposed schemes.
Figure 1 Previous Scheme Site Diagram {{image:130358}}
Figure 2 Proposed Scheme Site Diagram
With the site's proposed ground levels to be slightly cut down and the building to have a 1 ½ storey proportion it will sit as low as possible on the site and although taller than the existing structures, it will not have any further visual impact on the street scene or neighbouring properties as it is set back further from the boundaries. The overall proportions of the building in plan and section will remain unchanged from the previous approved scheme. The building will have an approximate width of 20m, depth of 30m, ridge height at 8.2m and eaves between 5m to 5.5m.
As illustrated on Figure 3 & Figure 4 below, the new ridge line does not significantly impose any further restriction of the extended sight-lines viewed from Falcon Cliff Terrace Lane or the neighbouring properties along Poplar Road.
Figure 3
The site's pedestrian and vehicle access route will be off Falcon Cliff Terrace Lane. Pedestrian and disabled access will be compliant with Part M of the Building Regulations, which is achieved by a paved walkway along the south-east boundary for access into the courtyard. Three Ground Floor apartments will also be compliant with Part M with exception of the apartments with First Floor accommodation and accessible by staircase.
The previous applicants had conducted a Traffic Flow Study and reported that vehicle use of the proposed development would not be expected to increase the number of vehicle movement recorded with the current/previous uses.
We recognize that the Isle of Man Parking Standard requires two bays for each two bedroom apartment, however we do believe that there are grounds for exemption in this case based on the following factors; i. the site is located very close to Douglas Town centre. ii. well within walking distance of sustainable bus routes, see Appendix ii for Transportation Plan (Public Bus Services near the site). iii. target use is short term leasing to the professional market, occupants who would not likely have two or even one vehicle during their stay. iv. provision has been made for two motorcycle parking bays and secure bicycle storage.
In consultation with Mrs Hazel Reid, the above circumstances were considered and it was agreed that Highways would accept the provision of one parking bay per apartment with some additional bays. Thus a total of nine on-site parking bays will be provided. Although providing a dedicated disabled parking bay is good practice, it was agreed that one would not be required.
Borough of Douglas Refuse Collection Services access the properties along Falcon Cliff Terrace Lane by reversing the refuse truck into the lane. This proposal would not have any impact on this method of access into the lane and the development would be services in a same way it is now.
A wheelie-bin refuse storage facility will be provided in the East corner of the property, with direct access to Falcon Cliff Terrace Lane. The Green Recycling System, developed by Douglas Borough, will be adopted on this site.
Proposed site services remains unchanged from the previous scheme. Previous applicants had discussions with Borough of Douglas Drainage Division and an existing manhole adjacent to the site was identified to be an acceptable connection point for foul and storm water drainage.
The proposed landscaping is aimed to assist with providing privacy to the residence of the new apartments and for the neighbouring properties, while providing an attractive outside space for residence. 4No. existing Sycamore trees located within the site will be retained and protected during the construction process in accordance with the recommendations of BS5837-2012 "Trees in relation Construction – Recommendations".
Approximately 4No. new native trees will be planted across the site with shrubs and seeded native wild flower lawns. The wild flower mix allows for a versatile cover where required, while allowing formal areas to be cut to suit and the rest can be left to bloom. Patios will be provided to the ground floor apartments with direct access from the living rooms. Where earthworks is required to cut into the existing embankment, low retaining walls will be constructed of Manx stone to match the stone plinth of the building. The patios and walkways will be paved, including a service path around the building and parking bays. Existing boundary walls will be retained. Refer to Appendix iii for Proposed Landscape Plan.
Further consideration has been made with regards to privacy, as recommended by Mr Balmer.
Along the boundary facing Upper Duke's Road will be a new 1.8m high timber fence, to replace the existing chain link fence, constructed 750mm inside the property boundary. An evergreen hedge will be planted along the entire length of the property and maintained at 2.5m high to provide privacy to both the development and to the residence of Upper Duke Road, refer to Figure 6 below.
Along the boundary, facing Arbory (Poplar Road), is an existing boundary wall (approximately 2.4m high) and an existing hedge (Approximately 3.5m high) on Arbory's side of the wall. We acknowledge that the hedge is not inside the proposed site's boundary and its well-being cannot be guaranteed, therefore we propose to plant an additional hedge to be maintained by the site at 3m. We feel that with the proximity of the ground floor windows and that there are no first floor windows facing Poplar Road, that a 3m hedge would provide sufficient screening without creating further loss of light to either properties.
Figure 6 Upper Duke's Road - Boundary Section
14/01034/B - Proposed block of eight (2 Bed) apartments including landscaping and parking to replace the existing warehouse building and garages. This application proposed to purchase a small portion of DoHSC property on which the proposal was encroaching - Approved on 28 Jul 2015.
11/01622/C - change the use of the warehouse and store to recreational sporting use, in particular for martial arts classes - refused at Appeal on the following grounds: "The continued use of the site would be contrary to General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2007 in that the use would lead to an increase in on-street parking and traffic in an area which is already very congested in the evenings and would be prejudicial to the general amenity of the area and the free flow of traffic within the area."
10/00416/R - Change of use of warehouse and store to recreational sporting use (Retrospective) - refused on 11th January 2011. The reason for refusal was "Insufficient information has been submitted to accurately assess the impact on the use on the residential environment of the surrounding properties and the local highway network."
08/01571/B - Residential development comprising 5 townhouses, one maisonette and one apartment with associated parking and access - refused at appeal on 8th June 2009.
02/01333/B - Extension to warehouse - refused 6th January 2003. 98/00631/C - Change of use of storage building to plumbers merchants - refused on review 29th September 1998. 91/01484/C - Change of use from food wholesale warehouse to Police general store - permitted. 90/01356/C - Change of use from fruit wholesaler's warehouse to motor body repair shop - refused on review. 87/01679/C - Change of use from wholesale fruit and vegetable warehouse to motor body repair \& vehicle storage - permitted on review.
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