DEC Officer Report

Application No.: 20/00869/B Applicant: Forest Homes Developments Limited Proposal: Erection of three dwellings with associated garages Site Address: Cliff Villas Former Site Of Cliff Lodge Switzerland Road Douglas Isle Of Man Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.11.2020 _________________________________________________________________

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. No residential unit hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose. Reason: for the interest of Highway Safety
• C 3. No residential unit hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose. Reason: for the interest of residential amenity

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

The proposed works comply with Strategic Policy 1, 4, General Policy 2, Environment Policy 42, Housing Policy 6 and Transport Policy 1, 4 & 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 3rd August 2020:

• o Drawing No. SVY01 Revision B

• o Supporting information dated 31st July 2020, date stamped 3rd August 2020

This decision also relates to drawing No. 20/3036/PL01, Revision A received on the 24th September 2020 showing the site location, floor plan and where the bin storage is to be situated.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

"Apartment 8, Highgrove, Switzerland Road, Douglas" is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy

" Apartment 4, Highgrove, Switzerland Road, Douglas" is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site used to comprise of the curtilage of Cliff Lodge and is now an empty plot which is located to the north west side of Switzerland Road. The site comprises of a steep cliff face to the northern end which has substantial vegetation to the east of the site. - 1.2 To the north of the site is No. 1 Switzerland Terrace which is substantially higher than the ground level of the application site. - 1.3 The agent on behalf of the applicant has stated in the covering letter with the application that the building work under PA09/01324/B was commenced prior to the approval expiring with the demolition taking place and some structural work being carried out. THE PROPOSAL

2.1 The current planning application seeks approval to erect three detached town houses arranged over four floors. Due to the topography of the site the proposed block of town houses will measure approximately 13.7m at the highest point from ground level to roof level and 12.2m from the lowest point from ground level to roof level. - 2.2 Each dwellings is to have a garage and entrance to ground level, lounge with kitchen and dining to first floor level, three bedrooms with bathroom to second floor level and a master bedroom with bathroom and terraced area to the third floor level. - 2.3 The dwelling situated to the south west of the site will have a garage which is suitable enough for two car parking spaces. - 2.4 The overall block of dwellings will have a render finish and natural slate roof, all windows will be anthracite grey uPVC double glazed units with all rainwater goods being either anthracite grey or black uPVC. PLANNING HISTORY

3.1 There are several applications on this site for the erection of an apartment block/dwellings as follows, - 3.2 06/02176/A - Approval in principle, withdrawn for the "Approval in principle for the erection of a block of nine apartments and associated parking" - 3.3 07/01930/B - "Demolition of existing building and erection of an apartment block to provide eight apartments with associated car parking," which was Refused at Appeal for a lack of justification for the demolition of the original property and with the proposed new development being contrary to General Policy 2, Environment Policies 35 & 42 and Housing Policy 6 of the isle of Man Strategic Plan 2007. - 3.4 09/01324/B - "Demolition of existing dwellings and erection of three town houses with associated parking," which was Permitted via Planning Committee and had the conditions attached of which the following are the most relevant;

• 3.4.1 Condition 3 - No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

• i.the parking of vehicles of site operatives and visitors
• ii. loading and unloading of plant and materials
• iii. storage of plant and materials used in constructing the development
• iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate
• v. wheel washing facilities
• vi. measures to control the emission of dust and dirt during construction
• vii. a scheme for recycling/disposing of waste resulting from demolition and construction works
• viii. a scheme for the stabilisation of the cliff face.

• 3.4.2 Condition 4 - No residential unit hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.
• 3.4.3 Condition 5 - Prior to the occupation of the development, a revised car parking layout, which deletes a car parking space and includes a bicycle storage area, shall have been submitted to and approved by the Planning Authority. Thereafter no residential unit hereby permitted shall be occupied until the car parking, manoeuvring areas and bicycle storage area have been provided in accordance with the approved plan, and those areas shall thereafter be kept available at all times for their respective purposes.
• 3.4.4 Condition 6 - No residential unit hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
• 3.5 14/00333/C - "Variation to condition one of PA 09/01324/B to extend the period of approval by six months," which was approved with a condition stating, "This approval is subject to the same conditions and terms as approved under planning application 09/01324/B."

PLANNING POLICY

4.1 The site lies within an area zoned as an area of "Tourist/Residential" on the Douglas Local Plan 1998, Map 3 and as an area of "Mixed Use" on the Draft Area Plan for the East, Map 4 Douglas.

4.2 Given the nature of the application the following Strategic Policies are relevant, Strategic Policy 1, 4, General Policy 2, Environment Policy 42, Housing Policy 6 and Transport Policy 1, 4 & 7. - 4.3 Strategic Policy 1 of the Isle of Man Strategic Plan 2016 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 reusing 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 4 of the Isle of Man Strategic Plan 2016 states; "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

4.4 General Policy 2 of the Isle of Man Strategic Plan 2016 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;

• (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;

4.5 Environment Policy 42 of the Isle of Man Strategic Plan 2016 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." - 4.6 Housing Policy 6 of the Isle of Man Strategic Plan 2016 states, "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 the criteria in paragraph

6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

4.7 Transport Policy 1 of the Isle of Man Strategic Plan 2016 states, "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 4.8 Transport Policy 4 of the Isle of Man Strategic Plan 2016 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."
• 4.9 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
• 4.10 The application site is also within a Conservation Area and as such Environment Policy 35 is a crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

REPRESENTATIONS

5.1 Highway Services have considered the application and Do not oppose and state several comments.(21.01.2019).

5.2 Douglas have considered the proposal and have no objection stating, "I would also like to thank the applicant and the planning office on behalf of the Council for allowing a time extension for the application to be considered at meeting of the Council's Environmental Services Committee held earlier today. This not only allowed the Council the opportunity to consider the application at Committee level but it also allowed the applicant the time needed to address our previous concerns over bin and cycle storage which has led to the Council's support of the application." (19.10.20). - 5.3 The owner/occupier of Apartment 8, Highgrove, Switzerland Road, Douglas has written in with concerns regarding the narrow road during the construction period and they have concerns that there would not be enough car parking for the dwellings and that there might not be enough space to manoeuvre a car into the proposed garaging. (3.10.20)

• 5.3.1 A further consultation was received by the above owner/occupier for which they raised concerns regarding the cliff face behind the property.

5.4 The owner/occupier of Apartment 4, Highgrove, Switzerland Road, Douglas has written in with concern regarding extra traffic along the road and possible implications with regards to construction traffic and emergency vehicles.

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application is the acceptability of the replacement building within the context of the Conservation Area and its impact on neighbouring properties whilst making sure that the proposed property has all the available amenities required. Principle

6.2 In the first instance the principle of the replacement of the dwelling on this site has been assessed within the previous applications for replacement dwellings and as such it is not necessary to assess the principle within this application, it is also relevant to note that the existing property has now been demolished. Preserve or enhance the character and appearance of the conservation area

6.3 When looking at the proposed building and whether it would preserve or enhance the character and appearance of the Conservation Area the officer on the previously approved application (PA09/01324/B) stated "A modern design of building does not necessarily harm the conservation area just because it does not replicate appropriate period details or style. It does not have to look like or be indistinguishable from its surroundings to be acceptable; it stands to be judged as a piece of modern design within its context and, it should respect buildings of value that it is to be seen next to as well as a wider context." - 6.4 The dwellings approved with regards to the above application are vastly different to what is proposed within this application from the overall floor design to the appearance of the buildings. - 6.5 One of the main differences from the previously approved application and this application is the removal of the stonework to the ground floor elevation and the front façade, the removal of this feature would assist the building in suiting its overall environment due to the overriding feature within Switzerland Road being render. This would be especially apparent when seeing glimpses of the dwellings from the main promenade. - 6.6 When looking at the other alterations such as making the ground floor level usable by including garaging to the two dwellings situated to the north east, front doors and windows to the first dwelling situated to the south east, these assist the properties in not looking top heavy and having a terraced feeling. Whilst the garaging part of the properties might look misplaced within Switzerland Road and the Promenade as a whole due to there not being many properties with garaging on the main road, Switzerland Road is a mix of both the front and rear of properties and as such the garaging element should fit in well with the streetscene. - 6.7 As well as the alterations to the ground floor level there is the introduction of more windows into all the elevations which do not alter how the property is viewed within the streetscene. - 6.8 When looking at the overall height of the property, the previously approved dwellings had an overall height of 12.8m to 11.2m from south east to north east following the gradient of the road with the proposed application having an overall height of 13.7m to 12.3m from south east to north east following the gradient of the road. Whilst the proposed application has included an increase of the overall height by about a metre in the grand scheme of the development this increase will be negligible. Amenities of the proposed dwellings - 6.9 With regards to the amenities of the proposed dwelling the general ones would be whether there was suitable amenity space with properties would be whether there is adequate space for clothes-drying, refuse storage, general amenity and car parking. - 6.10 In the first instance the car parking and sustainable means of transport are looked at below in the impact on access and parking. - 6.11 With regards to the amenity space within the dwellings whilst there is no open space such as a rear or front garden there is a communal rear lane (900mm wide) which will be used for the refuse storage and an alternative means of access to the properties. The location of the dwellings being so close to the public open space of Douglas prom means that not having a front or rear garden is not a disadvantage to the dwellings, this is also something which is likely for a lot of the dwellings/flats within the overall streetscene. - 6.12 When looking at other factors such as clothes-drying, in the first instance drying clothes outside would most likely happen upon the roof terrace that all the flats have which is a suitable size for this, if the dwellings decide to have a tumble dryer within the property, the

• two dwellings to the south east (dwellings 1 & 2) have space for utility room of sorts with the first dwelling having an entrance hall and the second dwelling having a room to the rear of the garage. Whilst the dwelling to the north east (dwelling 3) does not have a utility room type there is enough space within the kitchen for a tumble dryer.
• 6.13 Another factor to look at with regards to general amenity is whether the properties would have a clear outlook. This application has more windows within the properties than the previous and has especially added windows to the rear which are to be used for the kitchen and hall on first floor level and the rear bedrooms on the second and third level. The addition of these windows will add additional light into the property which is an advantage.
• 6.14 The outlook from the dwellings is expected of the area with the main views being of the rear cliff face and the rear of the dwellings to the front. Impact on neighbouring amenity
• 6.15 When looking at neighbouring the proposed dwellings are to be situated within a specific space boundary which to the north has 1 Switzerland Terrace, to the east has several flats within Mona Cottage, New Manila and Swiss Buildings with The Edelweiss Hotel to the south west of the proposed dwelling.
• 6.16 With regards to the rear of the properties along the east, a site visit was done and from Mona Cottage upper windows and it could be seen that whilst there would be possible overlooking due to the difference in height to what was existing and what is proposed this would not be above and beyond what would have been expected for a property within this area.
• 6.17 Also seen from the officer's site visit that could potential create additional overlooking is the additional windows within the south west elevation which would face The Edelweiss Hotel. The additional proposed windows within this application are situated further back in the proposed dwellings and as such the possible overlooking from these would be minimal due to the windows within The Edelweiss Hotel being situated further back within the rear lane.
• 6.18 An objection was received to the application with regards to the cliff face and possible implications on the properties already facing the cliff face. Whilst no structural details having being received as part of this application, engineering details such as this fall squarely within the remit of Building Control and as such details on the structural integrity of the cliff face is a matter for the Building Control application. Impact on access and parking
• 6.19 When looking at the car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2016 requires 2 spaces to be provided per unit; however, these standards may be relaxed where the development (a) would secure the re-use of a Registered Building or building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area; or

• (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

6.20 When looking at the proposed development in relation to the overall streetscene with regards to parking, the surrounding area is to the north are six properties without off street parking and to the east of the site is the rear of several properties which face queens promenade again without off street parking and to the south of the site are several hotels which do not have off street parking.

6.21 There is on street parking situated to the east of the site and also along Queens Promenade, whilst the addition of the three extra dwellings could put a strain on the already existing parking if the parking standards of two spaces per dwelling is taken up, the overall likelihood of this would be minimal. The addition within this application has provided a suitably sized garage which has the addition of a bike rack which will aid sustainable travel. There are also close by bus routes along Queens Promenade and the property is around a 10-15 minute walk to the main town centre.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with Strategic Policy 1, 4, General Policy 2, Environment Policy 42, Housing Policy 6 and Transport Policy 1, 4 & 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable. 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: 15.12.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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