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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS DIRECTED BY THE SENIOR PLANNING OFFICER
The site is the curtilage of 8, Victoria Road - a long garden - approximately 80m long from north west to south east with a rear lane - Woodville Lane - running to the south east. The land slopes downward from north west to south east by 3.4m over the length of the garden. The site accommodates a number of trees on the boundary and in the centre of the site.
The site has to the north east the garden of 14, Victoria Road, to the south west are the rears of 1 - 8 Sherwood Terrace - largely boarding houses/hotels with 1 and 6 being subdivided into flats. There
is a rear lane separating the site from these properties. Broadway Baptist Church sits immediately to the south west of the existing application dwelling.
The site lies within an area of Predominantly Residential use on the Douglas Local Plan of 1998.
Proposed now is the principle of the erection of a dwelling on the site together with the details of the access and the siting of the dwelling. Access to the new dwelling would be through the demolition of the annex to the existing dwelling and the creation of a lane 3 m wide. The new dwelling would be sited roughly in the centre of the rear garden of the existing dwelling and the illustrative drawings indicate that the dwelling would be two storey with accommodation in the roofspace and that this would be positioned 26 m from the closest point of the existing dwelling.
The application indicates that eleven trees will be removed around the footprint of the dwelling.
The provisions of General Policy 2 are appropriate in this case together with Environment Policy 42 and Strategic Policy 1:
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 space 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 adverse 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; I) 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."
Environment Policy 42: "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."
Strategic Policy 1 which 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 re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
Planning permission was refused for the erection of an apartment building in the rear gardens of both 8 and 14, Victoria Road - PA 04/0693. This was refused for reasons relating to inadequate information provided to demonstrate that the development could take place without adverse impact on the character and appearance of the area and the amenities of those in adjacent properties and the effect on existing trees.
Douglas Corporation and ht indicate that they do not oppose the application Douglas Corporation acting as the Drainage Authority request that the development is connected to the main foul sewer and that no surface water is discharged thereto. The application indicates that the development will be connected to the main foul sewer and that surface water will be discharged to soakaways.
The Manx Electricity Authority request communication regarding the supply of electricity. This is not a material consideration.
The site lies within a predominantly residential area in terms of the land use designation and the predominant character of the area. The site is hidden from general view and described by the Forestry Division as neglected. The trees on the site are not regarded as being of amenity value by the Forestry Division. Access is to be provided in a manner which is not considered to be objectionable by the Highways Authority. The development of this site would not preclude the development of a similar property in the rear garden of number 14 were this ever considered desirable and there is sufficient distance between the proposed dwelling and both 8 and 14, Victoria Road to provide privacy for all properties. The trees around the perimeter also help with intervisibility.
The part of the existing dwelling to be demolished to make way for the access is not attractive and its removal would be a visual enhancement as well as providing access and increased visibility for users of the rear lane which runs parallel with the proposed access.
The Strategic Plan encourages the development of under-used land but warns against the use of inappropriate backland sites. In this case the creation and use of the proposed access will not adversely affect the amenities of those in the main existing house or those using the rear lane or any other adjacent properties. The distance from the existing properties to the proposed dwelling, together with the existing trees, many of which are to be retained as part of the development, will result in no adverse impact from the proposal on those in adjacent properties and the prudent location of windows in the proposed dwelling will support this.
There is confirmation from the Forestry Division that the trees to be removed are of amenity value and that they have no objection to the application. There are no objections from neighbours.
As such, it is considered that the proposal is acceptable.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded 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 Manx Electricity Authority does not raise material planning considerations as issues and as such should not be afforded party status in this case.
Recommended Decision: Permitted
Date of Recommendation: 14.02.2011
C 1. Approval of the details of design, external appearance of the building, internal layout and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any of these elements of the development is commenced.
C 2. The application for approval of the remainder of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
C 4. The application for the details of the design and appearance of the dwelling must demonstrate that the proposed building will not directly overlook existing adjacent property.
C 5. Prior to the commencement of any excavation or development works within the rear garden of 8 , Victoria Road the existing trees to be retained must be fenced off below the dripline or as close thereto as is practicable, and during the construction works this fencing must be retained and no materials stored nor vehicles parked within the areas which are fenced off in order to protect the roots of the existing trees.
C 6. This permission relates to the principle of the erection of a dwelling and the details of the creation of an access and the siting of the new dwelling, all as shown in drawings reference HLK/10/0278/1, HLK/10/278/2 and HLK/10/0278/3 all received on 16th December, 2010.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 15 February 2011 10/01850/A
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