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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 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.09.2020 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
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. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
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.
3.1 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:
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."
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:
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:
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.
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
5.1 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.
6.1 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.
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:
8.2 The decision maker must determine:
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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