Officer Report and Recommendation

Application No.: 12/00023/B Applicant: Mr Peter Anthony Lunt Proposal: Erection of a smoking shelter and replacement front wall (retrospective) Site Address: 2 Murrays Road, Douglas, Isle Of Man, IM2 3HT Case Officer : Mr Jamie Leadbeater Photo Taken: 26.01.2012 Site Visit: 26.01.2012 Expected Decision Level: ** Officer Delegation ---

Officer's Report

The Application Site

1. The application site is the residential curtilage of an end-of-terrace dwelling on Murrays Road, Douglas. The property is of Victorian age and overlooks Sheridan Apartments which is a Registered Building, formally known as the Falcon Okells Brewery.

1. The property has three storeys and a pitched grey slate roof with two chimney stacks. It has two bay windows on the ground floor, one either side of the front entrance. The front and side elevations are render finished and painted cream, however the front elevation is in better condition. The front elevation, including the bay windows, also has painted white cornicing, clearly dividing each floor of the building.

1. The front of the property has a small garden area containing vegetation and a lawn area between the dwelling and front wall bordering the pavement of the residential street. The front wall is built in a traditional Victorian style with rendered stone work forming the bulk, with traditional style painted iron railings on top. The wall, excluding the railings, is built approximately 1 metre up from the ground parallel to the gradient of the slope that the application site is on.

The Proposal

1. The proposal consists of the erection of a smoking shelter and replacement front wall (retrospective). The proposed works have already been undertaken.

1. The smoking shelter has already been erected at the front of the dwelling between the front elevation wall and the proposed front wall that has already been built. The smoking shelter is constructed from dark stained timber rising 2.4 metres from the ground at the front with a slight sloping roof, with the rear of the shelter only rising 2.3 metres from the ground. The shelter has a width of 2.4 metres as viewed from the street and extends 3 metres back.

1. The footprint of the front wall replicates the positioning of the original front wall. The front wall has been built in two sections to allow an black steel arch-shaped front gate to be integrated for site access purposes. The walls run at different heights from the ground ranging from 1.4 metres to 2 metres, due to the gradient of the slope that the application site is built on. Although it is not evident from the proposed drawing, but the top of the walling is finished with horizontal black timber beams fixed into concrete pillars.

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13 February 2012

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential Use in the Douglas (South) Local Plan 1998. There are no policies accompanying the local plan map, which are specifically material to the assessment of the planning application. Since the local plan was adopted in 1998, the Douglas (Ballaquayle Road) Conservation Area was adopted in 2003, meaning that the application site now falls immediately adjacent to the boundary of the conservation area.

1. The Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

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:

• (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; (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".

Environment Policy 36 states:

"Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area".

Representations

1. Douglas Borough Council does not object to the proposal.

1. The occupant of The Greystones, Hillary Road, Douglas, is of the opinion that smoking shelter dramatically changes the balance and aesthetics of the property on the application site and is not of a quality in-keeping with other developments taking place further up the street. Also, the occupant is of the opinion that the alterations to the walling has a larger impact than the smoking shelter, particularly the removal of the cast iron railings, the rise in wall level and the inclusion of 'poor' quality timber planks. The occupant also identifies that the application site is in a Conservation Area and is located opposite a landmark building, which has recently been sympathetically developed. Having taken these comments into account, it is considered the comments do raise some relevant material planning considerations which should be taken into account when assessing this application.

1. The Highways Division recommends approval as the proposal has no adverse traffic management, parking or road safety implications.

13 February 2012

Assessment

1. The application site, being an end-of-terrace property, is considered to be a prominent feature on the street scene as viewed from the bottom of Murrays Road, and therefore it is considered development on the site has greater significance on the appearance of the street-scene than a middle-of-terrace property in this case.

1. The proposed front wall appears to be taller than the original wall, reducing the visibility of the ground floor elevation. The design of the wall is also considered to be considerably different to the original design, and makes little attempt to replicate the original Victorian features, retained on most front walls along the same side of Murrays Road. Furthermore, as a means of comparison, more modern properties on the other side of Murrays Road have attempted to integrate similar features of the original Victorian front walls such as railings, which are considered a more appropriate modern alternative than the horizontal timber beams integrated in wall on the application site.

1. The proposed smoking shelter to the front elevation is positioned to the side of the main dwelling front elevation. As the predominant existing use along Murrays Road is residential, it is considered the installation of a smoking shelter would be an anomaly on the street-scene and an unnecessary use, which would have an adverse impact on the character of the surrounding frontages and on public visual amenity.

1. Overall, the proposals are considered to significantly detract from the appearance of the existing street-scene and character of the immediate vicinity. Furthermore, they are not sympathetic to the opposing registered building and adversely affect the view into the adjacent Douglas (Ballagayle Road) Conservation Area from where Glen Falcon Road and Murrays Road converge. As such, the proposals do not satisfy all relevant policy requirements, and therefore are not considered acceptable.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

• The local authority, Douglas Borough Council are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

• The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

• The resident of Hilary Road who is some distance from the site.

Recommendation

Recommended Decision: Refused

16 February 2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

• C: Conditions for approval
• N: Notes attached to conditions
• R: Reasons for refusal
• O: Notes attached to refusals

R 1.

The smoking shelter adversely affects the character of the streetscene on Murrays Road and views into the adjacent Douglas (Ballaquayle Road) Conservation Area. The replacement front wall does not attempt to conform with the character of the original wall or existing walls along Murrays Road and therefore adversely impacts on the streetscene along Murrays Road. Neither proposal is considered to respect the character of the Registered Building, the former Falcon Okells Brewery building. As such, the proposal is concluded to be contrary to the provisions of General Policy 2 and Environment Policy 36 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager / Senior Planning Officer.

Decision Made: Refused Date: ................................................. Determining officer (delete as appropriate)

Signed: .................................................

Anthony Holmes Senior Planning Officer

Signed: .................................................

Michael Gallagher Director of Planning and Building Control

Signed: .................................................

Sarah Corlett Senior Planning Officer

Signed: .................................................

Jennifer Chance Development Control Manager