178923 — 18/00862/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00862/B Applicant : Hartford Homes Ltd Proposal : Erection of 16 dwellings with associated infrastructure and landscaping Site Address : Annacur House Annacur Lane Douglas Isle Of Man IM2 2EA

Principal Planner: Mr Chris Balmer Photo Taken : 06.09.2018 Site Visit : 06.09.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Approve subject to Legal Agreement Date of Recommendation: 20.12.2018 __

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. Prior to occupation of the development, visibility splays of 2.4m x 25m in both directions must be provided at the site access junction as shown on drawing no. ITB13547-GA-002 revision D and the splays must be permanently maintained as such unobstructed thereafter with nothing above 1m in height within the visibility splay areas.

Reason: To comply with the visibility standards for 20mph traffic which the development has been designed for.

C 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 003 REV F shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety.

C 4. Prior to the occupation of each dwelling the road between Farmhill Lane and the dwelling shall be constructed to at least base course level.

Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

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C 5. All planting as shown on drawing 003 REV F shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, 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.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

C 7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TR-19918) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

C 8. Prior to the commencement of the development hereby approved, details of all tree protection monitoring and site supervision by a suitably qualified tree specialist (where arboricultural expertise is required) shall be submitted to and approved in writing by the Department. The development thereafter shall be carried out in strict accordance with the approved details.

Reason: Required prior to the commencement of development in order that the Department may be satisfied that the trees to be retained will not be damaged during development works and to ensure that, as far as is possible, the work is carried out in accordance with the approved details

C 9. The replacement tree planting shall be carried out in accordance with the BS8545:2014 Planting Proposal, submitted in support of the application by Manx Roots Tree Management Ltd. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

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C10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 11. The proposed first floor bathrooms windows for Plots 9, 10, 11, 12, 13, 14, 15 & 16 shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

C 12. All recommendations listed within Section 4.0 of the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust are to be full adhered to.

Reason: To provide adequate safeguards for the ecological species existing on the site.

C 13. Prior to the commencement of the development, full construction details of the proposed footway between the site and the existing highway bend of Annacur Lane shall be submitted to and agreed in writing by the Department. The footway shall be constructed in accordance with the approved details prior to first occupation of the development.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

C 14. The footway between Plots 6 & 7 shall be constructed in accordance with the approved details prior to occupation of Plots 4, 5, 6 & 7.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

N 1. For the avoidance of doubt no approval is hereby given for the erection of any signage on the site.

N 2. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21st January 2019. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 001, 002, 003 REV F, 004, 005 REV B, 006 REV B, 10, 11, 12, 13, 14, 015, "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust, Tree Protection Plan, Arboricultural Method Statement and Planting Proposal all prepared by Manx Roots, TR-19918, and BT/ITB13547- 002A TN prepared by I Transport received on 14th August 2018, 25th September 2018, 5th October 2018, 2nd November 2018, 7th December 2018 and 7th January 2019.

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Interested Person Status - Additional Persons

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

Manx Utilities as they are 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.

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 Farmhill Cottage, Annacur Lane, Douglas

It is recommended that the following persons should not be given Interested Person Status as they are not 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 Annacur Cottage, Annacur Lane, Douglas as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

Mr Bill Malarkey MHK - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy and are 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 PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPROVAL WILL BE SUBJECT TO A SECTION 13 LEGAL AGREEMENT IN RELATION TO AFFORDABLE HOUSING AND OPEN SPACE PROVISION

1.0 SITE 1.1 The site defined in red is a parcel of land, 1.54 acres (0.6 hectares) which currently occupies the property and associated land of Annacur House, which is located on the northern side of Farmhill Lane and northwest of Annacur Lane within Douglas. Currently the main dwelling house (Annacur House) is located to the north-eastern corner of the site, where a part single/two storey farm outbuilding can be found also. The majority of the site is an open field in character, but which is enclosed with mature tress/hedgerows to the southeast, southwest and north west boundaries of the site.

1.2 The site is currently accessed via a vehicular access to the southern corner of the site which adjoins Farmhill Lane.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of 16 dwellings with associated infrastructure and landscaping. The proposal would also involve the demolition of the existing dwelling house and outbuilding within the site currently.

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2.2 The proposal includes a total of four houses types, although there are variations in finishes (fully brick, part brick part render, mostly render with brick detailing etc). The proposal includes; 14, four bedroom dwellings and 4 two bedroom dwellings.

3.0 PLANNING POLICIES 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential" under the Douglas Local Plan Order 1999. The site is not within a Conservation Area. Under the Draft Area Plan for the East the site is also designated as "Predominantly Residential" (Site reference DH016).

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 Strategic Policy 1 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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."

3.5 Environment Policy 42 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."

3.8 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;

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(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."

3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.10 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

3.11 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.12 Transport Policy 4 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."

3.13 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."

3.14 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

The current standards are set out in Appendix 7."

3.15 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."

4.0 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS 5.1 Douglas Borough Council do not objection (received on 28.09.2018).

5.2 Highway Services made initial comments seeking a deferral due to a number of issues (received on 24.09.2018). Following these comments being received the applicants provided additional information in response and Highway Services make the following comment (received on 17.12.2018):

"Following the previous highway response dated 12/12/18, the applicant has submitted additional information which is summarised as follows: Access

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1. A large refuse vehicle of 10.5m in length could access, turn around and egress the site as shown in the revised swept path analysis. The refuse vehicle could not pass a large car on Farmhill Lane between Annacur Lane and the site in both directions, and also not within the site, which is not ideal but is not a reason for highway refusal on this occasion.

The amended track plots provided for a large car over 5m in length demonstrate that there is adequate room to manoeuvre in and out of the parking spaces.

The proposed 2m footway on Farmhill Lane and Annacur Lane, between the site and the existing footway on the south east side of Annacur Lane, is welcomed but the applicant should be aware that the grass verge on both sides of Annacur Lane is unadopted. The applicant would therefore need to prove ownership of this land as part of a Section 4 Highway Agreement to adopt it or acquire it to be able to construct the footway. A planning condition would be required for the footway to be constructed prior to first occupation of the development, with the detailed construction details agreed in writing in advance of the works, as it is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

As part of its active travel strategy, Highway Services are currently developing a new cycle route in Douglas part of which would be along the A5 New Castletown Road. It will be adjacent to its junction with Annacur Lane where the existing traffic signal junction is to be upgraded to a toucan crossing (combined pedestrian and cycle signalised crossing). The proposed development must provide a 3m wide shared pedestrian/cycle link along the footway/verge on the south west side of Annacur Lane between the site and the new crossing. This could be achieved by widening the existing footway with the proposed pedestrian/cycleway connecting into the new scheme shown on the attached plan. A planning condition is needed for the construction details of the new footway/cycleway to be agreed in writing prior to the works, with the construction completed prior to occupation of any dwelling.

A 1.5m wide footpath would be provided between plots 6 and 7 to the rear of the development site which would not be adopted but is welcomed as a link to the adjacent residential area. The end of the footpath is outside the red line application boundary and would connect to a parking area that is unadopted. There is an existing Manx sod bank between the development site and the car park which the footpath would need to pass through where level differences exist. The applicant is therefore requested to advise how this footpath would be constructed and whether they have the permission of the landowner to build it. The tactile paving at each end of this footpath has been removed as requested.

The tactile paving adjacent to plot 1 has been removed from the revised site plan as previously requested.

Visibility 7. Drawing no. ITB13547-GA-002 revision D shows visibility splays of 2.4m x 25m in both directions for the improved site access junction onto Farmhill Lane which complies with the visibility standards for 20mph traffic in the 'Manual for Streets' guidance.

Farmhill Lane is currently not subject to a speed limit as it is a private road, but a new 20mph speed limit would be required for the section between the site and Annacur Lane, and for the development site itself, that are to be adopted as part of this development. The applicant would need to provide the signing for this as part of the Section 4 Highway Agreement and fund any costs that may be associated with Highway Services processing the Traffic Regulation Order needed for the speed limit.

Drawing no. ITB13547-GA-004 shows visibility splays of 2.4m x 33m at the existing Farmhill Lane/Annacur Lane junction which is suitable for 25mph traffic that is in excess of the 20mph speed limit.

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10. The proposed boundary treatments should not adversely affect highway visibility.

Drawing no. ITB13547-GA-005 revision A shows adequate forward visibility splays around the highway bends within the site. The visitor parking bays have been reduced from 4 to 2 to protect highway visibility.

The proposed temporary sales sign must be located outside the highway visibility splays to maintain highway safety. Parking 13. The 'Manual for Manx Roads' (MfMR) design guide states that a driveway space should be at least 2.5m wide and 5.5m in length, and 3.4m wide where there is no separate footpath to the dwelling front door. All the driveways would be of an adequate size, including plot 6 which has been lengthened from 10.4m to 11m as previously requested.

The development would provide 2 visitor parking spaces, 1 in a layby opposite plot 2 which would be adopted, and 1 perpendicular to the carriageway adjacent to plot 2 which would have to remain private as it would not be adopted.

Other Highway Requirements 15. A S109 Highway Agreement would be needed for the construction of the improvements on the currently private Farmhill Lane to tie into the adopted carriageway of Annacur Lane.

A maximum 1:12 gradient is required for all carriageway, footpath and parking areas to ensure that suitable vehicle, pedestrian and disabled access could be achieved throughout the development site. This could be dealt with as part of the Section 4 Highway Agreement.

The proposed footpaths fronting plots 3 to 6, to the rear of plots 5 and 6 and to the side of plot 16 would not be adopted. The public open space areas identified on open space and boundary treatment drawing no. 005 revision B would not be adopted and maintained by Highway Services.

The proposed highway materials specified would be subject to the approval of Highway Services as part of the Section 4 Highway Agreement. The proposed highway drainage submitted would be considered, and subject to potential change, as part of the highway agreement process which should also ensure that no private areas of the site would drain onto the highway proposed for adoption.

Summary Highway Services does not oppose the application subject to the following planning conditions: 1. Prior to the commencement of the development, full construction details of the proposed footway between the site and the existing highway bend of Annacur Lane shall be submitted to and agreed in writing by the Planning Authority. The footway shall be constructed in accordance with the approved details prior to first occupation of the development. Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes. 2. Prior to the commencement of the development, full construction details of a new 3m wide shared pedestrian/cycle link along the footway/verge on the south west side of Annacur Lane between the site and the proposed toucan crossing on the A5 Castletown Road shall be submitted to and agreed in writing by the Planning Authority. The footway/cycleway shall be constructed in accordance with the approved details prior to first occupation of the development. Reason: To ensure the development promotes and ties into the Isle of Man Government's active travel strategy. 3. Prior to occupation of the development, visibility splays of 2.4m x 25m in both directions must be provided at the site access junction as shown on drawing no. ITB13547-GA- 002 revision D and permanently maintained as such unobstructed thereafter with nothing

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above 1m in height within the visibility splay areas. Reason: To comply with the visibility standards for 20mph traffic which the development has been designed for. 4. Prior to occupation of the development, the site parking as shown on drawing no. 003 revision F must be provided and permanently maintained as such unobstructed thereafter. Reason: To comply with the parking standards in 'The Isle of Man Strategic Plan 2016'. Recommendation: DNOC"

5.3 Manx Utilities Authority - Drainage initially sought a deferral (11.09.2018). However following further consideration they raise no objection (received on 04.12.2018).

5.4 Department of Infrastructure - Public Estates and Housing Division made the following comments (received on 24.08.2018); "We refer to the aforementioned application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement. We have also provided information to the applicant, who approached the Department for indications regarding waiting lists for Affordable Housing generally.

Current data drawn from our records for Douglas Borough Council indicates that there are 240 persons on the general public sector waiting list for affordable housing to rent.

There are also 52 persons on the active First-time Buyers register seeking to purchase a first home in Douglas and the East. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage availability at point of allocation.

The Department would therefore request that consideration be given by the Planning committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide Affordable Housing, based upon the usual calculation, of 25% of the number of units approved within the application. For information, Plots 3 to 6 have been identified as units suitable for Affordable Housing."

5.5 The Ecosystems Policy Officer (DEFA) comments (received on 14.09.2018) that the site is within rank grass with scrub, hedges and trees, such habitat is often important for a variety of wildlife including birds and bats; Therefore recommend a preliminary ecological survey is undertaken on the site to identify any wildlife issues. Further to these comments the applicants have provided such a report undertaken by Manx Wildlife Trust. The Ecosystems Policy Officer response to this report (received on 16.11.2018) is to agree and endorse the recommendations and mitigations as stated in the report, which includes retention of boundary features, the timing of works outside of bird nesting season, the erection of 2 bat maternity roosts boxes, workers on site being issued with advice sheets, the planting of native trees on development boundaries and the position of artificial light away from mature trees. The officer also requests that a condition be attached stating that all trees marked for removal must be checked for potential roost features and if deemed suitable must be checked for bat roosts prior to removal and works must stop if they are found.

5.6 The Arboricultural Officer (DEFA) initially had concerns with the proposal making the following summarised points (06.09.2018) "In summary my concerns are as follows:

Plot 16 is too close to retained trees and it will lead to future pressure to remove trees marked as being retained. 2. The construction compound is too close to retained trees and needs to be moved to another part of the site. 3. The tree protection plan is not a practical solution and contains many conflicts (e.g. walls built through the line of protective fencing)

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4. An arboricultural method statement is required for various features which will be within or close to the RPAs of retained trees 5. A tree planting plan is required giving more detail about the proposed tree planting."

Following these concerns, additional information and amended plans where produced by the applicants. In response the Arboricultural Officer comments (05.10.2018): "Following the submission of additional information on 25th September I can confirm that most of the concerns raised have been addressed:

The submission of shadow segments for trees adjacent to plot 16 shows that the northern corner of this garden will generally receive a good amount of direct sunlight. This does not address the apprehension that may be caused by having trees close to the property but if this application is approved FALD would look to add the remaining trees along the South- Western boundary to the tree register (held under section 2 of the Tree Preservation Act 1993). This would make pruning a regulated activity whilst it doesn't prevent future pressure to undertake pruning but I am confident that we could resist requests to prune that weren't based on sound arboricultural evidence/reasoning.

The proposed construction compound has been moved to the eastern corner of the site.

The protection plan prepared by Manx Roots represents a practical solution to tree protection which has a realistic prospect of being properly implemented. The total protected area for retained trees on the South-Western boundary has also increased.

With the original protection plan there were a number of conflicts which needed to be addressed. With the amended plan most of these activities are now outside of CEZs. The exception is the wall and rear access at the back of plots 5&6. I'm confident, however, that this can be addressed through the on-site (arboricultural) supervision process. Further detail is required about how exactly the site supervision will work but this can be addressed through a condition.

The planting plan prepared by Manx Roots provides the additional detail requested."

5.8 The owner/occupier of Annacur Cottage, Annacur Lane, Douglas (two emails received on 22.10.2010) objects to the application; and comments there is general confusion about the exact location of Annacur Lane.

5.9 The owner/occupier of The Tower, 8 Ravens Wharf, South Quay (acting on behalf of Farmhill Cottage, Annacur Lane, Douglas) objects to the application which can be summarised as; there will be a line of 5 two storey houses approximately 10m from the boundary whose boundaries will all overlook the rear garden of Farmhill Cottage; the boundary treatment will offer little privacy from the upper floors and therefore contrary to GP 2g; and the is lack of clarity regarding boundary treatment with the plan stating cherry laurel 1.5m high at 1 m centres but does not mention relationship with hedge and the existing banking concern bank is unstable and should hedge be planted on top of it, it could collapse.

5.10 Mr Bill Malarkey MHK comments (received on 12.090.2018) that he represents the residents that will be affected by this development; considers it overdevelopment of the site; objects to use of Farmhill Lane which accessed onto a very busy bend; traffic coming down Annacour Road cannot see cars indicating to go up the lane; will create accident black stop; Farmhill Lane is a privately owned lane and is not a public right of way as claimed by the applicants; and at a loss how applicants can apply for any new development without the permission of the lane owners.

6.0 ASSESSMENT

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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) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) affordable housing provision; (f) open space provision and (e) potential impacts upon trees/wildlife.

PRINCIPLE OF DEVELOPMENT 6.2 The first issues relates to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential use and therefore the proposal for additional residential development is acceptable.

6.3 The Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 2440 new dwellings are required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings are required over this same period throughout the Island. Given Douglas is regarded as the "Main Employment and Service Centre" on the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in within and around Douglas.

6.4 While the Draft Area Plan for the East has no significant weight at this stage the evidence base does have some weight. The Site Assessment framework published as part of Preliminary Publicity includes net density assumptions (including open space but not strategic provision) - High (40 - 100 dph) is where, "Town centre development. Typically development which is apartments or terraced housing. Also could be development on smaller sites" and Medium (15 - 30) is (Larger sites close to the settlement centre, typically estates incorporating different dwelling types including some apartments and terraced housing).

6.5 Strategic Policy 1 indicates we should optimise the use of previously developed land and ensure efficient use of sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services. As Douglas is a "Main Employment and Service Centre", again it is considered the majority of dwellings would be located in and around this area, in line with sustainable objectives of the overall IOMSP, i.e. people living close to existing services/employment and have less reliance of cars. This site would fit well with that brief. The site is 0.6 hectares. It is partially brownfield, close to a good bus route, near to local shops/pubs, surrounded by existing development to the North, East, South and West with existing parks and playgrounds (Ballaughton Manor Park & Anagh Coar) within a short walking distance to the east and south of the site. The site is not within an area where disk zones apply. The proposal is for 16 residential units which would equate to 26.6 dwellings per hectare.

6.6 Accordingly, given the above reasons, it is consider the principle of developing the majority of the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the principle of 16 dwellings on the site is appropriate.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.7 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them.

6.8 The site from public views would only be noticeable when passing past the site, rather than and distance, wider open views from public vantage places, namely given the site is surrounded in most part by existing built development and/or mature landscaping/trees. The area's character is mainly of residential development and this proposal would just be a continuation of this existing character in a suburban location. The retention of the majority of mature trees/hedgerows/banking along the roadside frontage with Farmhill Lane, additional

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planting and with the Public Open Space (POS) being located to the frontage of the site; behind the roadside boundary, will again give a pleasant view of the site from Farmhill Lane and retain the nature tree line and natural tunnelling affect this gives when travelling along Farmhill Lane.

6.9 Other public views would be from the adjacent estate road to the east of the site within Iheannag Park. Currently there is a bank/tree/hedgerows which forms a strong natural boundary between the application site and the Iheannag Park housing estate. This would be retained by this proposal. While views of the proposed dwelling (namely plots 1 to 8) would be apparent, it is not considered the impact to be so significant in this area to warrant a refuel, given the area is currently made up of residential development and as the majority of views from the adjacent Iheannag Park estate road is of the existing buildings on the site.

6.10 To the northeast of the site is further residential development, again appearing to be part of the Iheannag Park housing estate. From the estate road to the northeast, views of the new development would mainly be screened by the existing residential development, perhaps with limited views of Plot 8 between the gap of the existing properties (Nrs 60 & 61 Iheannag Park).

6.11 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.12 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact, the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.13 In terms of overlooking a general guide which the department utilises is the 20 metres measure, which is taken between direct facing windows of habitable rooms. In this case the majority of all the proposed dwellings with direct facing windows are greater than 20 metres from neighbouring existing properties. Where this gap is closer the proposed dwellings either have their gable end wall facing neighbouring properties or the properties are only slightly under the 20m gap and existing landscaping is in place which would help prevent significant overlooking.

6.14 The property most affected by the development would be Farmhill Cottage, Annacur Lane, Douglas. While it is not considered the dwelling would be significantly affected by the development, given the distance the proposed dwellings would be from this dwelling. However, the main impacts would be the potential or perceived overlooking from the upper windows of Plots 12 to 16 towards the rear garden of Farmhill Cottage which currently does benefit from a high level of privacy. This proposal will undoubtedly impact this current situation. However, the question is whether this impact is so significant to warrant a refusal. The proposed dwellings (Plots 12 to 16) would be approximately between 10m and 16.5m to the shared boundary of Farmhill Cottage. It is noted, that the proposed closest dwelling (Plot 12) is in line with the rearest most point of the rear garden of the neighbouring garden. This shared boundary is currently made up of a Manx sod bank (approx 1m in height) with a total of three semi-mature trees (one is proposed to be removed). The proposal includes the planting of a number of Cherry Laurel 1.5m in height and at 1m centres. This will form a hedgerow over a few years. The applicants have also indicated they would be willing to erect a fence instead if required.

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6.15 The Department is satisfied that views from the ground floor windows/rear gardens of properties would not result in a significant level of overlooking, namely given the distance and landscaping proposed. The outstanding issue to whether the first floor windows would result in significant level of overlooking resulting in a loss of privacy. There are a total of three first floor windows in each of the dwellings (Plots 12 to 16), one of these windows being a bathroom windows which could be obscured glazed via a planning condition. It would not be acceptable for obscure glazing to be installed within the bedroom windows. The remaining two windows would serve bedrooms 3 and 4 of each property.

6.16 Overall, while there would be an impact through the potential for more overlooking of the rear garden of Farmhill Cottage; it is considered given the distance of the proposed dwellings to the shared boundary; (especially Plots 14, 15 & 16 which arguable are in line with the garden area which is likely to be most used i.e. patio, while plots 12 & 13 look towards the rear aspect of the garden which has a number of trees planted), and as the windows serve bedrooms which are not primary habitable rooms (i.e. living rooms/dining room), there would not be a significant adverse impacts to warrant a refusal.

6.17 There was also some initial concern of the potential impacts of the proposed dwellings due to loss of light/overbearing impact upon outlooks, namely due to Plots 8 & 9 upon neighbouring properties 59 to 64 Iheannag Park. It should be noted that there is approximately a storey in ground level differences between the site and these neighbouring properties, the latter being lower. However, visiting the site and noting the existing farm buildings which are immediately located and form part of the shared boundaries with Nrs 59, 60 & 61, it is considered the proposed development would result in a significant overall improvement, given the amount of built development along these boundaries would be reduced and new development posited further away from these existing properties. In relation to the impact upon Nrs 62, 63 & 64 Iheannag Park, it is considered given the distance Plot 9 would be away (approx 13m), the suns orientation (east to west), existing boundary treatment and design of the new dwelling; it is not considered the impact would loss of light and/or overlooking would be so significant to warrant a refusal.

6.18 Overall, whilst the proposed development will have an impacts upon existing surrounding neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.19 In terms of viability splays from the new entrance onto Farmhill Lane, the application indicates that visibility splays of 2.4m x 25m metres can be provided in both directions, as requested by Highway Services. Furthermore, no objections have been made from Highway Services in terms of traffic generated by the development.

6.20 In terms of off street parking provision the IOMSP requires each dwelling to be provided with two off road parking spaces. All the properties would have at least two off road parking spaces.

6.21 The proposal includes partial improvements to Farmhill Lane with new road surfacing and installation of footpaths, connecting the site to Annacur Lane and beyond to the existing footpath network towards Annacur shops/pub etc. A footpath would also be located between Plots 6 & 7 from the estate road.

6.22 A number of aspects of how the relevant upgrades etc to the existing road and new access will need a Section 4 Highway Agreement /Traffic Regulation Order; however, these fall outside planning and therefore are matters between the applicants and Highway Services.

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6.23 Accordingly, given no objection from Highway Services the application complies with Transport Policies 1, 4 & 7 and the parking standards of the IOMSP.

AFFORDABLE HOUSING PROVISION 6.24 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 4 affordable units would generally be required. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide 4 dwellings. A Section 13 Legal Agreement will need to be agreed.

OPEN SPACE PROVISION 6.25 Recreation Policy 3 indicates that where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.

6.26 The proposal would provide one main area of open space, with other smaller areas around the site. The latter being more of an amenity benefit rather than being useable as POS. In total the proposal would provide 1028sqm. The required amount is 1408sqm. Therefore there is a shortfall in the amount of POS being provided. The applicant and Douglas Borough Council have been in discussion with a commuted sum payment in lieu of this shortfall in POS and have agreed a figure of £17,952 secured by a Section 13 Legal Agreement. This money would be spent on the provision and/or maintenance of the existing play equipment.

6.27 It should be noted that there are two areas of POS (larger open areas of grass/fields (albeit not formally laid out as sport pitches) and two children's play areas within a few minutes (under 5 mins) walk away. Accordingly, the Department was content that more formal POS (sports pitches etc) or children's play area were not required on this site, give the site is within safe walking distance of such provision.

6.28 Overall it is considered the proposal would meet the aims of Recreation Policy 3.

POTENTIAL IMPACTS UPON TREES/WILDLIFE 6.29 As outlined by both the Arboricultural Officer (DEFA) and the Ecosystems Policy Officer (DEFA), there was initial concern with the scheme. However, following additional reports being produced by qualified persons, both parties are now happy with the proposal subject to conditions.

OTHER MATTERS 6.30 Highway Services seek a condition for additional works outside the application site for the construction details of a new 3m wide shared pedestrian/cycle link along the footway/verge on the south west side of Annacur Lane between the site and the proposed toucan crossing on the A5 Castletown Road shall be submitted to and agreed in writing by the Planning Authority. The applicants have commented that they are not comfortable agreeing to a condition for works which is outside of our site and outside of our control. The footway within our red line is dealt with in Condition no. 13 and we are happy to increase the width of this to cater for cycles. Further they don't think the condition is necessary to make the application acceptable in planning terms. The Department shares this view. While it would be nice to have, it is not within the red line of the application site, nor necessary to make this application acceptable.

6.31 The Arboricultural Officer seeks a condition requiring the completed schedule of site supervision and monitoring of the arboricultural protection measures as approved in condition 8 shall be submitted for approval in writing by the Department within 28 days from completion of the development hereby permitted. This condition may only be fully discharged on completion of the development, subject to satisfactory written evidence of compliance through

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contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist. The applicants have comments on legal issues which this causes as the advocates who deal with the sale of individual plots prior to the overall completion of the development, will flag up that there is an outstanding condition and this will prevent the sale going through. Of more concern is the necessity for the condition, which, if there is none, would result in the condition being invalid or at least subject to challenge. They comment this issue was originally proposed with application 18/00995/REM - Ballabeg, Glen Vine, where after discussion with the Department the condition was not attached with the approval. It is important that the monitoring is undertaken, not that proof of this is provided at the end. If this proof were not available but the works had been undertaken, where would this leave the Department in terms of enforcement? It is considered that it is more reasonable and enforceable and in fact more relevant to require a specified and agreed schedule of monitoring (as suggested in Condition 8), which could involve reporting to the Department at each stage, which could be required as part of a condition requiring details of the monitoring process. If any of the prescribed monitoring stages is omitted, the development could be halted there and then before damage is undertaken, which is more effective than finding out at the end that the process has not been followed. After further discussions with the applicants and the Arboricultural Officer, the wording of Condition 8 was agreed, on the basis that the submitted details include the monitoring details.

7.0 CONCLUSION 7.1 Overall, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the Douglas Local Plan and therefore it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision and Public Open Space provision.

8.0 SECTION 13 LEGAL AGREEMENTS 8.1 As noted within this report there are two matters which require a Section 13 Legal Assessment. The first being affordable housing provision which in this case will result in 4 dwellings. The second relates to Public Open Space which includes onsite provision and a figure of £17,952 in lieu of the shortfall of onsite provision, which has been agreed with Douglas Borough Council. Both are considered acceptable __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted... Committee Meeting Date:...21.01.2019

Signed :...C BALMER... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 21.01.2019

Application No. :

18/00862/B Applicant : Hartford Homes Ltd Proposal : Erection of 16 dwellings with associated infrastructure and landscaping Site Address : Annacur House Annacur Lane Douglas Isle Of Man IM2 2EA

Principal Planner : Mr Chris Balmer Presenting Officer As above

Addendum to the Officer’s Report

At the meeting held on the 21st January 2019, the Planning Committee noted that, following the application being deferred at the Planning Committee meeting on the 7th January 2019, the applicant and the owner/occupier of Farm Hill Cottage had discussed the treatment of the boundary treatment and had come to an agreement (as shown in drawing 015). In light of the agreement, and the owner/occupiers of Farm Hill Cottage withdrawing their objection, the case officer recommended that the application be approved subject to altered/additional condition/s and changes to the interested person status. The Planning Committee determined to accept the recommendation of the case officer and approve the application.

The following revised IPS was confirmed:

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DOI Housing and Estates Division

The owner/occupier of Farmhill Cottage, Annacur Lane, Douglas (objection withdrawn)

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Conditions of Approval

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Reason: To comply with the visibility standards for 20mph traffic which the development has been designed for.

C 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 003 REV F shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety.

C 4. Prior to the occupation of each dwelling the road between Farmhill Lane and the dwelling shall be constructed to at least base course level.

Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

C 5. All planting as shown on drawing 003 REV F (with the exception of the northwest boundary with Farm Hill Cottage) shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, 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.

Reason: To ensure the provision of an appropriate landscape setting to the development.

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plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.

C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 11. The proposed first floor bathrooms windows for Plots 9, 10, 11, 12, 13, 14, 15 & 16 shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

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C 12. All recommendations listed within Section 4.0 of the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust are to be full adhered to.

Reason: To provide adequate safeguards for the ecological species existing on the site.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

C 14. The footway between Plots 6 & 7 shall be constructed in accordance with the approved details prior to occupation of Plots 4, 5, 6 & 7.

Reason: It is essential for a footpath link to be in place between the site and Annacur Lane for highway safety and amenity purposes.

C 15. The north western boundary treatment (boundary with Farm Hill Cottage) shown on drawing 015 shall be constructed in accordance with the approved details prior to the commencement of Plots 12, 13, 14, 15 and 16 and retained thereafter.

Reason: In the interest of neighbouring amenities.

N 1. For the avoidance of doubt no approval is hereby given for the erection of any signage on the site.

Plans/Drawings/Information