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The Secretary to the Planning Committee Planning & Building Control Division Department of Environment, Food & Agriculture Murray House Mount Havelock DOUGLAS
11th July 2019
Dear Sirs
On behalf of Ealing Court Management Limited (ECM) of Flat 4, 11 Woodville Terrace, Douglas, IM2 4HB, of which ECM represents the ten flats of the immediately adjacent building to the proposed development, the Directors and Tenancy owners of the building by majority agreed to file this objection for the following reasons, but not limited to:
Under General Policy 2 of the Isle of Man Strategic Plan 2016 (IOMSP), it is felt that this application fails to address g, h, i, j and m:
g) The development's proposed angle is likely to restrict light on 50% of Ealing Court and the bay window which will affect privacy.
H & I) The service lane does not offer manoeuvring space; therefore, the development would need an appropriate turning space, otherwise some vehicles would have to drive backwards out. This could also impact on the parking space's required for 38 Victoria Road, which could force people to park along the front of Victoria Road or try to park in Woodville Terrace which is already problematic as is on-street parking in Victoria Road by narrowing the busy road to a single lane.
j) It is questionable as to whether all the required services can be provided from a service lane and the applicant is trying to use access over land it has no ownership or legal rights to use to help satisfy planning requirements.
m) The service lane does not have public lighting which will further increase hazards of cars and pedestrians using the service lane for access.
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;
Directd Redacted
Incorporated in the Isle of Man: 44167C
(j) can be provided with all necessary services;"
"(m) takes account of community and personal safety and security in the design of buildings and the spaces around them;"
Under Transport Policy 4 and 6 of the IOMSP, the existing highways are not suitable for increased vehicular or pedestrian access and ECM has not given approval for the pedestrian access over their land onto Woodville Terrace as the road is unadopted.
This application requires the use of the service lane as the main access to the proposed development. It not only means that the future property occupants' cars would use the service lane but also building vehicles, delivery vehicles and emergency vehicles. This is not safe for the pedestrians using the lane. Furthermore, it could lead to problematic situations like bins blocking the service lane for emergency vehicles needing to attend the future development.
There was a pathway at the boundary wall which was closed down many years ago as it was deemed unstable and therefore dangerous. There is not sufficient information how they could improve the pathway to provide safe access. They also don't own this land to improve pedestrian access.
There is no right of use for the services under Ealing Court Managements ownership or for access over their land for pedestrian or other reasons of access.
Many of the buildings have a number of flats in them and pedestrians frequently use the service lane to access their properties.
"Transport Policy 4: 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."
"Transport Policy 6: 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."
Under Community Policy 10 of the IOMSP, the rear lane for access to the property is a service lane and not designed for larger vehicles to be able to access. Access via the proposed pedestrian access via Woodville Terrace is contentious as ECM have not agreed to give access over the land and no historic rights exist from the proposed development site.
"Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
Direct
F10dacted
Incorporated in the Isle of Man: 44167C
Flat 4, 11 Woodville Terrace, Douglas, IM2 4HB
Under Community Policy 11 of the IOMSP, the proposed property is abutting Ealing Court and consideration should be given to ensure that best practice is used to prevent the outbreak and spread of fire.
"Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire."
Under Infrastructure Policy 2, consideration needs to be given as to access to the current drainage arrangements as the existing infrastructure has not been upgraded and any blockages and damage caused during building works or connection could damage the Victorian drains as could the increased flow of foul and surface water, which in Victorian Properties are not separate.
"Infrastructure Policy 2: Full details of all interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department of Local Government and the Environment before development is commenced."
Back land development: Planning Application 19/00655/B is effectively in the garden of 38 Victoria Road. It does not have direct access to a highway or a postal address.
During construction, there might be countless access and parking problems. How would all of the basement excavated material be removed from site? There is also the possibility of unintentional structural affects on 11 Woodville Terrace during construction.
ECM has not been consulted by the developers, apart from the rear party wall, which was proposed to be rebuilt. Access to the rear of Ealing Court for maintenance will be required and having the property tied in at roof and wall areas would require consultation as to the best means of doing this, if agreement can be reached with ECM.
Yours sincerely,
Redacted
on behalf of
Ealing Court Management Limited
Redacted
Director
Incorporated in the Isle of Man: 44167C
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