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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00963/B Applicant : Mr Jake Cade Proposal : Creation of a fire escape (retrospective) Site Address : 49 Castlemona Avenue Douglas Isle of Man IM2 4EB

Case Officer : Mr Chris Balmer Photo Taken : 21.09.2017 Site Visit : 21.09.2017 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 09.11.2017 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Within 6 months of the date of this approval notice the rear gate and gate posts as shown on drawing C/4833/1 are required to be reduced in height, so they project no higher than 0.7m above the rear lower boundary wall and retain thereafter.

Reason: in interest of visual amenities of the street scene.

Plans/Drawings/Information:

This approval relates to drawing reference number C/4833/1 received on 8th September 2017.

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Interested Person Status - Additional Persons

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Officer’s Report

1.0 SITE 1.1 The site is No. 49 Castle Mona Avenue, which is a single dwellinghouse. The site is located on the north western side of Castle Mona Avenue. To the north east of the site is the residential property of No. 51 Castle Mona Avenue. To the south west of the application site is the residential property of No.47 Castle Mona Avenue.

1.2 To the rear of the application site is the public highway of Woodville Terrace, which is significantly elevated above the application site. Accordingly, to the rear of the dwelling is a very steep slope. Works have been undertaken which involve retaining walls and

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staircases/platforms which all run upwards to the rear boundary of the site which meets Woodville Terrace.

2.0 PROPOSAL 2.1 The application seeks approval for the creation of a fire escape (retrospective).

3.0 LAND USE ZONING / PLANNING POLICIES 3.1 The dwelling has been zoned under the Douglas Local Plan Order 1998 as being within an area of predominately residential; the site is not within a Conservation Area.

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 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."

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

4.2 Excavation of bank and erection of a retaining wall and path to improve means of fire escape access - 07/00973/B - APPROVED

4.3 Creation of a parking bay off Woodville Terrace for - 06/00422/B - REFUSED

5.0 REPRESENTATIONS 5.1 Douglas Borough Council does not object (received on 22.09.2017 & 05.10.2017). They also comment in response to an objector (please see below) that the public right of way that existed between Broadway and the Arches at Mona Drive (also known as Lovers Lane" is not owned by Douglas Borough Council and therefore not a public right of way and the future of the lane is a matter for the owners of the Castle Mona properties to determine as private property owners.

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5.2 Department of Infrastructure Highways Services does not oppose (06.10.2017).

5.3 The owner/occupier of 51 Castlemona Avenue, Douglas objects to the application for the following reasons (29.09.2017): there is a platform at the top for which I express concern; has any building control checks been carried out; concerns of landslide due to the steep slope; was a ground survey carried out; public right of way has been obstructed along Lover Lane which I believe is owned by Douglas Borough Council; and the through fare at the back of the properties have been blocked off with permanent structures, which has blocked off any means of escape to those properties situated on that terrace.

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) the potential impact upon the visual amenities of the street scene; (b) potential impact upon neighbouring amenities; and (c) other matters

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.2 When considering this issue, General Policy 2 is the most relevant policy. The works cannot be viewed from Castlemona Avenue given the works are to the rear of the terraced properties. Views of the staircase from Woodville Terrace are again limited, with views only obtained when stood adjacent to the rear boundary of the site looking downwards. Accordingly the appearance of the staircase and associated platforms is fairly unnoticeable and does not represent a significantly adverse impact upon the visual amenities of the street scene. The only aspect in terms of the visual appearance which causes concerns is the height of the rear gate/gate posts which currently projects 1.3 m above the low level boundary wall which fronts onto Woodville Terrace. There is also a lower level fence adjacent to the gate. The applicant has advised that the gate and fence was erected to prevent persons tipping material/objects into the rear of their property. With this in mind, but with concern of the height of the gate and gate posts, the applicant has agreed with the Department that the gate/gate posts be reduced in height to the same level of the existing fence line resulting in the gate having a height 0.7 m above the lower boundary wall (As shown and measured on Drg Nr C/4833/1 - "Elevation at Woodville Terrace"). This can be a condition of any approval. With this reduction been undertaken it is considered the appearance of the gate and fence as well as the external staircase/platform would be acceptable and comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.3 The properties most likely to be affected by the development would be Nrs 47 and 51 Castle Mona Avenue. Such development or creation of terraces can sometimes raise concern as overlooking from them towards neighbouring properties can occur. In this case while the proposal would increase the likelihood and/or chances of overlooking, such views are likely to be fleeting when a person is walking up or down the staircases. It is unlikely a person/s would sit/use the staircase as an outdoor amenity space i.e. like a garden terrace. It is reasonable to consider the main purpose of the staircase is for access to the rear of the property up to Woodville Terrace. In terms of the upper level platform (adjacent to Woodville Terrace), the level of this above the neighbouring properties is such that any views would mainly be of the roofs of the terraced properties along Castle Mona Avenue, rather than direct unobstructed views into the neighbouring properties windows. Such staircase is not uncommon; the neighbouring property Nr 47 also has a timber staircase.

6.4 The proposal also runs through a wooded area, so this again help reduces views towards neighbouring properties but also reduces the appearance of the staircase from neighbouring properties.

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6.5 Overall, it is not considered the proposal would significantly impact neighbouring amenities and therefore comply with General Policy 2 of the IOMSP.

OTHER MATTERS 6.6 In terms of structural concerns raised by neighbouring objectors, it is noted that such matter would be covered by Building Control Regulations.

6.7 In terms of the potential loss of a public right of way by the creation of the staircase. As can be seen from Douglas Borough Council response which advises they took legal advice, they confirm the land/former footpath is no longer in their ownership, but the individual ownership of the residents along Castlemona Avenue. Notwithstanding this, ownership falls outside the material planning maters which the Department can considered when determining planning applications.

7.0 CONCLUSION 7.1 Overall, it is considered the proposal would be an appropriate level of development on this site and for the further reasons indicated within this report it is therefore recommended that the application be approved subject to conditions.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 It is recommended that the following persons 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):

The owner/occupier of 51 Castlemona Avenue, Douglas __

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 : 15.11.2017 Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

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