21 June 2016 · Planning Committee
Field 532259, Tennis Road, Douglas, Isle Of Man, IM2 3ln
The site is a flat, undeveloped parcel of land screened by a mature hedgerow and containing six trees, located in a predominantly residential area with a mix of traditional and modern properties. The proposal involves building five four-bedroom terraced dwellings attached to the gable of No.
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The officer found the principle of residential development acceptable as the site is designated predominantly residential and within Douglas, the Island's main employment centre, aligning with Spatial…
Strategic Policy 1
Requires Douglas urban area to remain the main employment and services centre. Officer noted site's location supports this by providing housing in the key urban centre.
Strategic Policy 1
Requires optimising previously developed/under-used land, efficient site use, and utilising infrastructure. Officer found proposal complies by developing unused urban site efficiently with access, landscaping and parking.
Strategic Policy ST2
Locates new development primarily in existing towns/villages. Officer confirmed site's position in Douglas settlement acceptable for housing.
Environment Policy 35
Permits development in Conservation Areas only if preserving/enhancing character and protecting special features. Officer assessed contemporary terrace fits area's varied styles per appraisal; tree removal impacts mitigated by replanting condition, overall preserves character.
Environment Policy 42
Requires design accounting for local character, prohibits inappropriate backland development or removal of green spaces contributing to amenity. Officer acknowledged green space loss but found terrace aligns with local terrace character, not inappropriate backland.
General Policy 2
Permits zoned development respecting site/surroundings in siting/scale/design, no adverse amenity/highway impacts, adequate parking/access. Officer confirmed compliance across visual amenity, neighbour impacts (no significant overlooking/overbearing/light loss), highway safety with 2 spaces/dwelling.
Housing Policy 4
Locates new housing primarily in towns/villages. Officer noted site's urban residential location meets this, contributing to housing need.
Time limit
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Vehicular access
The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
Parking and turning areas
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Two parking spaces per dwelling
Two parking spaces are required to be allocated to each dwelling hereby approved and retained thereafter. Reason: To ensure that sufficient provision is made for off-street parking for each dwelling.
Landscaping scheme
No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new tree planting showing, type, size and position of each and other landscaping within the site. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths, fences, walls and hard surfacing materials and any fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
Bat survey
Prior to the commencement of any work on site or the removal of any vegetation associated with this approval, a survey must be undertaken in respect of two trees 170 and 153 which are hollowed, which suggests potential for bats, to determine whether the site is used by roosting bats. If this is the case then a report detailing appropriate protection or mitigation measures must be approved by the Department and the development undertaken in accordance with these details. Reason: to accord with the provisions of the Wildlife Act 1990.
do not object subject to a Section 109a agreement
Multiple consultees responded to application 16/00227/B, with Douglas Borough Council objecting due to over-intensive use, DEFA Biodiversity recommending a bat survey, Arboricultural Officer raising concerns over tree removal and replanting, and Highways not opposing subject to a Section 109a agreement.
Key concern: number of dwellings proposed represents an over-intensive use of the site
Douglas Borough Council
Objectionthe Council should raise an objection to the application on the grounds that the number of dwellings proposed represents an over-intensive use of the site
Dr RG Selman, Senior Biodiversity Officer (Zoologist), DEFA
Conditional No ObjectionThe tree report notes two trees (170 and 153) which are hollowed. This suggests potential for bats, therefore I recommend getting a view on whether the site is used by roosting bats.
Conditions requested: getting a view on whether the site is used by roosting bats. If this were to be the case then protection or mitigation would be appropriate
Andrew Igoea, Arboricultural Officer, DEFA
Conditional No ObjectionI can't really object to the removal of the existing trees I do have wider concerns about the loss of green space and the contribution of these applications to the loss of urban tree canopy cover in the area.; I would not object to the removal of the trees if some replanting were to take place.; The visual impact will be most greatly felt from Tennis Road (16/00227/B) where the street scene is currently dominated by the presence of the trees between numbers 4 and 14 Tennis Road.
Conditions requested: replanting... what size are the trees going to be? How will they be secured in place? and what maintenance schedule will be put in place to ensure their survival?; demonstrate that adequate soil volume can be provided and that the rooting environment will provide the conditions required for the trees to thrive; landscaping (tree planting) plan finalised... assess the impact... in terms of difference in the level of urban tree canopy cover in the short (1 year after construction starts), medium (10 years after planting of new trees) and long term (30 years after the planting of new trees); choice of species or cultivar needs to be carefully matched to the specific site constraints
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC on 3.3.16
Conditions requested: Section 109a agreement required
The original application for erection of five terraced dwellings with rear parking and landscaping on undeveloped land in a predominantly residential area and conservation area was approved by the Planning Committee on 21 June 2016 despite third-party objections on overdevelopment, conservation impact, parking, and amenities. Douglas Borough Council appealed, arguing over-intensive development, design incompatibility, parking issues via unmade lanes, and maintenance difficulties for No.4 Tennis Road. The inspector conducted a site visit and inquiry on 6 September 2016, finding the development preserved the conservation area's character, had no significant amenity or highway impacts, and complied with relevant policies. The Minister dismissed the appeal on 29 September 2016, upholding approval with conditions.
Precedent Value
Upholds development of under-used urban greenfield sites in residential zones/conservation areas where character varied, trees low-quality, amenities/highways acceptable, and housing need evidenced. Applicants should prioritise arboricultural surveys, highways consultation, and policy alignment over neighbour amenity speculation.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
