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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00827/B Applicant : Hartford Homes Ltd Proposal : Erection of revised house types as previously approved under PA 19/01408/B Site Address : Plots 12, 13, 14, 15 & 16 Farmhill Grange Formerly Annacur House Farmhill Douglas Isle Of Man IM2 2EB

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.09.2020 __

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 rear boundaries of Plots 12, 13, 14, 15 & 16 shall be constructed/planted as shown on Dwg Nr 076 (PA 19/01408/B) prior to the occupation of dwellings on Plots 12, 13, 14, 15 & 16 and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

This application has been recommended for approval for the following reason. The proposal is considered to comply with the relevant planning policies of the Isle of Man Strategic Plan and the Douglas Local Plan and has no adverse impact upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers 131, 132, 133 and 134 all received 27th July 2020. __

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Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 SITE 1.1 The site is Plots 12, 13, 14, 15 & 16, Farmhill Grange, Formerly Annacur House, Douglas, which are parcels of undeveloped land (wider area currently being developed in parts). Originally, the main dwelling house (Annacur House - recently demolished) is located to the north-eastern corner of the site, where a part single/two storey farm outbuilding could be found also. The majority of the site is an open field in character, but which is enclosed with mature trees/hedgerows to the southeast, southwest and northwest boundaries of the site.

1.2 The site is currently accessed via a vehicular access to the southern corner of the site which adjoins Annacur Lane and northwest of the road junction of Annacur Lane and Cushag Road.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of revised house types as previously approved under PA 19/01408/B. Plots 12, 13 and 14 are the same type as previously for plots 13 & 14, just no longer shown as semi-detached. This has been achieved by reducing the house previously approved for plot 14, to a smaller detached home. No other changes are proposed and none of the dwellings are closer to the neighbouring properties in terms of footprint, albeit the two storey element is closer, namely to plots 15 & 16.

3.0 PLANNING POLICIES 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential" under the Douglas Local Plan Order 1999. The site is not within a Conservation Area. Under the Modified Draft Area Plan for the East the site is also designated as "Predominantly Residential" (Site reference DH016) and the Inspector comments that "Anna Cur House" is an "Allocated Site" which could have a Notional Number of Dwellings of 10 on the site.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:

3.3 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."

3.4 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."

3.5 Environment Policy 42 states: "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 backland 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 or green spaces which are to be preserved will be identified in Area Plans."

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3.8 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."

3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.10 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

3.11 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.12 Transport Policy 4 states: "The new and existing highways which serve any new 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."

3.13 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."

3.14 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

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The current standards are set out in Appendix 7."

3.15 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."

3.16 Residential Design Guide - July 2019

4.0 PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:

4.2 Erection of 16 dwellings with associated infrastructure and landscaping works (revised scheme to approved PA 18/00862/B) - 19/01408/B - APPROVED

5.0 REPRESENTATIONS 5.1 Highway Services have no objection (13.08.2020) making the following comments: "DNO - The Applicant is advised that the proposed adjustments to some driveway positions will require a change to any S4 Highway Agreement layout"

5.2 Douglas Borough Council commented (11/08/20) and do not object.

5.3 Public Estates and Housing commented (24/08/20) to confirm the relevant Section 13 Agreement clause relating to PA 19/01408/B would apply in terms of the provision of affordable housing.

6.0 ASSESSMENT 6.1 The main considered is whether the proposals would be acceptable upon the visual amenities of the street scene, whether the proposals would impact upon neighbouring amenities and parking provision.

Impact upon the visual amenities of the street scene 6.2 The proposal would result in a minor alterations which will have no visual impact from public views.

Impact upon neighbouring amenities 6.3 The property most affected by the development would be Farmhill Cottage, Annacur Lane, Douglas. While it is not considered the dwelling would be significantly affected by the development, given the distance the proposed dwellings would be from this dwelling. However, the main impacts would be the potential or perceived overlooking from the upper windows of Plots 13 to 16 towards the rear garden of Farmhill Cottage which currently does benefit from a high level of privacy. This proposal will undoubtedly impact this current situation. However, the question is whether this impact is so significant to warrant a refusal. As previously, the positing of the new dwellings to the neighbouring dwelling and boundary would be approximately between 9m and 17m to the shared boundary of Farmhill Cottage (measure from main aspect of dwelling). It is noted, that the proposed closest dwelling (Plot 13) is in line with the most rear point of the rear garden of the neighbouring garden which is made up of a number of trees. This shared boundary is currently made up of a Manx sod bank (approx 1m in height) with a total of three semi-mature trees. The previously application (19/01408/B) includes the removal of this bank (retention of Cherry trees) and a 2m high fence and a Cherry Laurel at a 1.5m height along the rear boundaries of Plots 12, 13, 14, 15 & 16 (adjoining Farm Hill Cottage) would be formed instead. This aspect was agreed with the owners of Farmhill Cottage under the previous approved applications which is now replicated again.

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6.4 The Department is satisfied that views from the ground floor windows/rear gardens of properties would not result in a significant level of overlooking, namely given the distance and landscaping proposed. The outstanding issue to whether the first floor windows would result in significant level of overlooking resulting in a loss of privacy. Within Plots 13, 14, 15 & 16 there are a total of three first floor windows (bedrooms and bathrooms) in each of the dwellings. The bathroom window could be obscure glazed.

6.5 Overall, while there would be an impact through the potential for more overlooking of the rear garden of Farmhill Cottage; it is considered given the distance of the proposed dwellings to the shared boundary; (especially Plots 14, 15 & 16) which arguable are in line with the garden area which is likely to be most used i.e. patio, while plots 12 & 13 look towards the rear aspect of the garden which has a number of trees planted), and as the windows serve bedrooms which are not primary habitable rooms (i.e. living rooms/dining room), there would not be a significant adverse impacts to warrant a refusal. The layout/number of dwellings and number of windows are very similar to the previous applications which was judged to be acceptable.

Parking Provision 6.6 It is considered the proposal would comply with TP7.

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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 04.09.2020

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.