179914

==== PAGE 1 ====

                                      19/00474/B                                     Page  1  of  10

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00474/B Applicant : Modena Lifestyles Ltd Proposal : Demolition of existing building and erection of four dwellings with associated parking Site Address : Bakehouse And Garage Grosvenor Road Douglas Isle Of Man IM1 3EN

Principal Planner: Mr Chris Balmer Photo Taken : 12.06.2019 Site Visit : 12.06.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 03.07.2019 __

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. The garden paths to each dwelling are required to be finished in brick/concrete paviours or tiles.

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

C 3. No dwelling hereby approved shall be occupied until the parking areas associated with that dwelling have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking.

C 4. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner.

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

==== PAGE 2 ====

                                      19/00474/B                                     Page  2  of  10

C 5. Prior to the commencement of any development details of the front boundary walls (including railings above)proposed to be erected for each dwelling are required to be submitted and approved by the Department and this approved scheme is required to be completed prior to the occupation of each dwelling and retained thereafter.

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

C 6. All new windows to front elevation shall be vertical sliding sashes.

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

C 7. 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 extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

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

C 8. Prior to the commencement of any development details of the front doors proposed for each dwelling are required to be submitted and approved by the Department and this approved scheme is required to be completed prior to the occupation of each dwelling and retained thereafter.

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

C 9. The roof ridges of the dwellings hereby approved may not be taller than the roof ridge of the neighbouring property Nr 13 Grosvenor Road.

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

N 1. The applicant is recommended to discuss the demolition process with the owner of Nr 13 Grosvenor Road, Douglas prior to the demolition of the building and to try addressed the concerns raised.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 19/2757/01, 19/2757/02B and 19/2757/03 received on 25th April 2019 and 23rd May 2019.

__

Interested Person Status - Additional Persons

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 13 Grosvenor Road, Douglas The owner/occupier of Flat 1 Grd Floor, 42 Demesne Road, Douglas The owner/occupier of Flat 1, 40 Demesne Road, Douglas The owner/occupier of 36 Demesne Road, Douglas objects

==== PAGE 3 ====

                                      19/00474/B                                     Page  3  of  10

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):

Manx Nation Heritage and Isle Of Man Cycling Association, 39 Cherry Walk, Douglas - 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; 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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. __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THERE ARE FIVE OBJECTIONS TO THE APPLICATION BUT IT IS RECOMMENDED FOR AN APPROVAL

1.0 THE APPLICATION SITE 1.1 The application site is the former Bakehouse and Garage, Grosvenor Road, Douglas which is two storey building which is currently in a dis-used state and poor state of repair. The building is physically attached to the gable end of Nr 13 Grosvenor Road, which forms part of a row of two/half storey traditional styled terrace dwellings.

1.2 The application site currently has vehicular access to the front (off Grosvenor Road) and via the rear access lane which serves the neighbouring properties along Grosvenor Road & Demesne Road. This access lane adjoins a further road (provides access to Crookall House) which then leads onto Demesne Road.

2.0 PROPOSAL 2.1 The application seeks approval for the demolition of existing building and erection of four dwellings with associated parking.

2.2 The dwellings would be two/half storeys in height and have the design, form, proportion and finish as the adjoining traditional terraced properties along Grosvenor Road. Each dwelling would have a front garden area and two off road parking spaces to the rear. The parking spaces would be accessed from the rear access lane.

3.0 PLANNING HISTORY 3.1 The following previous planning application is considered relevant in the assessment and determination of this application;

3.2 Erection of five dwellings - 07/00643/B - REFUSED on the following grounds: "R 1. The proposed development by reason of its design and layout will:

i) overdevelop the site resulting in the under provision of car parking and manoeuvring space which will lead to on-street parking within the area and result in noise and general disturbance to the amenity of nearby residents; and

ii) create a poor outlook from the dwellings on plots 1 and 3 due to the parking of a private motor vehicle in front of the windows that serve a habitable room."

==== PAGE 4 ====

                                      19/00474/B                                     Page  4  of  10

4.0 PLANNING STATUS 4.1 In terms of local plan policy, the application site is within an area zoned as "Predominantly Residential" identified on the Douglas Local Plan 1998. The site is not within a Conservation Area; albeit directly adjoins a Conservation Area.

4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;

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

4.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

4.5 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"

4.6 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas is designated as the main employment and service centre for the Island.

4.7 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."

4.8 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

4.9 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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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;

==== PAGE 5 ====

                                      19/00474/B                                     Page  5  of  10

(j) can be provided with all necessary services;

4.10 Housing Policy 4 states that: "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..."

4.11 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."

4.12 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."

4.13 Residential Design Guide - DEFA March 2019.

5.0 REPRESENTATIONS 5.1 Douglas Borough Council initially made comments (10.05.2019) seeking amendments and it was hoped that such be available for their meeting on the 17.06.2019. The above application was then placed before the Council's Environmental Services Committee at a meeting held on 17.06.2019. Following consideration of the application the Committee resolved to support planning application 19/00474/B. In supporting the application the Council requests:

1. That the applicant gives consideration to the suitability of the bicycle store provision.
2. The Council asks that the applicant be asked to demonstrate that there is adequate space available for maintenance of the adjacent Council Property (Bowling Green Pavilion Kensington Road) and in particular the roof.
3. The Council asks that the Planning Department note that the plans submitted by the applicant are incorrect in terms of roof levels and that there is a telegraph pole in the rear lane which has been omitted from the plans."

5.2 Manx National Heritage make the following comments (04.06.2019): "We would like to highlight the potential for the buildings to support roosting bats.

The local area is known to support a number of bat species, with confirmed records for common pipistrelle (Pipistrellus pipistrellus), brown long-eared (Plecotus auritus), Leislers (Nyctalus leisleri) and Myotis species bats.

Gardens and green spaces within urban areas provide suitable foraging areas and buildings of diverse age and structure offer numerous roosting opportunities for a variety of species.

All Manx bat species are listed as Schedule 5 species under the Wildlife Act (1990). As such, it is an offence to intentionally kill or injure any species of bat. It is also an offence to intentionally or recklessly damage, destroy or obstruct access to, a location which a bat is using for shelter or protection. Disturbance to a bat whilst it is occupying such a location is also an offence.

For this reason, we recommend that a bat survey of the building be undertaken by a suitably qualified and experienced ecologist prior to any demolition. A suitably qualified and experienced ecologist should assess the potential of the buildings to support bats and advise on any further survey requirements, as well as providing practical advice on avoidance measures, and where required, mitigation."

5.3 The owner/occupier of 13 Grosvenor Road, Douglas objects to the application which can be summarised as (22.05.2019 & 24.05.2019): concerns of structural issue with their

==== PAGE 6 ====

                                      19/00474/B                                     Page  6  of  10

property which is currently attached to the site due to breaking up on concrete floors/areas and the removal of the building; disturbances and pollution with the construction works; expects the complete making good and making watertight of all area that any demolition works would leave exposed to their gable wall; concerns of adequate access to maintain gable end of Nr 13; the rear lane is narrow and it would be difficult to manoeuvre; people will park along Grosvenor Road instead; and was not notified by applicants of the proposed application prior to it being submitted.

5.4 The owner/occupier of Flat 1 Grd Floor, 42 Demesne Road, Douglas makes the following comments which can be summarised as (10.05.2019): glad to seek the Old Bakery site being used for housing; parking behind Demesne Road could be a hazard; parking in area is difficult and the lane can be blocked by refuse collecting lorry because of bad parking; and safety of families entering and existing their homes from the lane and the added pollution must be considered.

5.5 Isle Of Man Cycling Association, 39 Cherry Walk, Douglas makes the following summarised comments; refer to the "Active Travel Strategy 2018-2021; Strategic Policy 10; Manx Roads; all which essential seeks to reduce the use of private cars and promote sustainable travel particularly walking and cycling; The comment that application fails to show any parking provision; does not comply with Transport Policy 7 as it fails to comply with the Manual for Manx Roads which recommended on cycle parking space per dwelling; no sheds, stores or garages are provided to store cycle nor any indication of where they could be on the plans; concerns such space may compromises the parking spaces; and concerns of locating cycle storage at front of dwellings as this may conflict with the adjoin Conservation Area.

5.5.1 It should be noted that since these comment the applicants provided an amended plan which shows potential bike storage provision externally and internally for each dwelling and bin provision (including recycling bins). No further comments where received from the Isle Of Man Cycling Association.

5.6 The owner/occupier of 36 Demesne Road, Douglas objects to the application which can be summarised as (14.05.2019); the lane is a service lane and not wide enough for regular traffic; noise and pollution concerns of traffic; dangerous for children to play in back lane; increase traffic at the entrance to Jane Crookall car park; and we already have car parked everywhere.

5.7 The owner/occupier of Flat 1, 40 Demesne Road, Douglas objects to the application which can be summarised as (07.05.2019); objects to the use of lane to access parking as; children play in this lane; noise and pollution from additional traffic; danger to pedestrians; people have their front doors from the back lane; when bins are put out parking would be blocked; and increase traffic at the entrance to Jane Crookall House will cause problems.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this current planning application are (i) the principle of the proposal; (ii) potential impact on the neighbouring residents living conditions (overlooking, loss of light and over bearing impact); (iii) visual impact on the streetscene; (iv) potential impact on highway safety/parking provision; (v) other matters.

(i) The principle of the proposal; 6.2 As outlined within the planning policy section of this report, the site is designated as predominately residential use and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation.

6.3 Consideration should also be given to The Isle of Man Strategic Plan which has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 & 2 require

==== PAGE 7 ====

                                      19/00474/B                                     Page  7  of  10

that new dwellings be located within existing sustainable settlements. Spatial Policy 1 also indicates that Douglas is the main employment and service centre.

6.4 More recently update to 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 settlement and the main town in the east of the Island, it is reasonable to consider the majority of these 2440 dwellings are likely to be provided in or around Douglas.

6.5 Accordingly, given the above reasons it is consider the principle of developing the site for residential development is acceptable.

(ii) Potential impact on the neighbouring residents living conditions;

6.6 In terms of the potential impacts upon neighbouring amenities (overlooking, loss of light and/or overbearing impacts) it is not considered any significant impacts would occur to the occupants of the adjoin terraces (Grosvenor Road) to the northeast of the site, given the new properties orientation and siting.

6.7 In relation to the properties to the south-east (Demesne Road), the proposals would be located between 10.5m and 12m (closest points) from the rear outriggers and between 17.5m and 19.5m from the main rear elevations of these neighbouring properties. There are a number of widows within the gable ends of the rear outriggers and within the rear elevation of the main building and there is the potential for a greater level of overlooking. However, while the distant is below the Department generally guide of 20m separation distance, it is considered given the windows within the new proposals do not serve primary rooms (i.e. living rooms) but bedrooms/ensuites and as the primary outlook from the neighbouring properties opposite are onto Demesne Road, it is not considered the level of overlooking would be so great to warrant a refusal. The Residential Design Guide states: "In dense urban areas where there is already a level of mutual overlooking a lesser standard may be acceptable". It is considered this site could fit well with this statement.

6.8 Given the site is located to the northwest of the properties along Demesne Road again no direct light would be lost due to the sun orientation (east to west). In terms of overbearing impact, the proposal will in some respect increase the amount of built development on the site, in terms the proposals are taller than the existing building; however the footprint is less. Further the removal of the rear boundary wall and the rear single store lean-to roof (recently removed) would also open up the entire site when viewed from the rear lane/rear of properties along Demesne Road. It is also noted that views from the rear of the properties along Demesne Road are in the main unlikely to have open/expansive views given the size/height and amount of existing development on the site. Accordingly, while the proposal would have an increase in height compared to the existing building; the amount of built development overall is reduced. Accordingly, it is not considered there would be such a significant impact upon overbearing impacts to warrant a refusal on this ground.

6.9 In terms of pollution and impacts of car parking and driving along the rear lane, it is considered the amount of traffic associated with the development would not be of such an amount to warrant a refusal. There are some properties which already have vehicular access from their properties which utilise the rear lane and therefore it would not be introducing a new feature. It should also be noted that the existing site has a vehicle access onto this rear lane, so again it is presumed that vehicles associated with the bakery could have used this access when the bakery was in operation.

(iii) Visual impact on the streetscene;

==== PAGE 8 ====

                                      19/00474/B                                     Page  8  of  10

6.10 The existing two storey building made up with a pitched roof, flat roof and shallow lean to roofs and is in a poor state of repair. There are no features of the existing building which result in a positive impact within the street scene or the adjoin Conservation Area. Its removal would result in a vast improvement to the area.

6.11 The proposed new dwellings form four terraced properties with a very similar, proportion, form, design and finish as the existing terraces along Grosvenor Road to the northeast. It is considered their overall appearance would fit well with the street scene and will not detrimentally affect important views into and out of the Conservation Area complying with General Policy 2 & Environment Policy 36.

6.12 The proposal would also regenerate run-down urban within Douglas and therefore comply with Environment Policy 43.

(iv) Potential impact on highway safety/parking provision. 6.13 The applicants have indicated on the plan, that each property would have their own access and each dwelling would have two spaces, each space measuring 2.5m x 5m. To the rear of the parking spaces there is also a 1.5m tarmac corridor between the back of the parking spaces and the rear lane, with the latter having a width of approximately 4m. A footpath is also provided to pedestrians can access from the rear lane or parking area to the back door of each dwelling. Further, each property also has potential storage space of cycle storage area (1m x 1m) to the rear/side of the dwelling.

6.14 It is highly likely that car users of the properties would exit and access the rear lane utilising the access to the south (adjacent to Jane Crookall House - approximately 30m from the site) which then connects to Demesne Road. There is also an entrance/exit point for the rear lane to the north east of the site and requires traveling past the rear of the majority of properties along Demesne Road and Grosvenor Road and also requires manoeuvring around a 90 degree bend, which would be difficult. Due to this it is likely the first option would be used by occupiers of the new dwellings.

6.15 The rear lane is 4m in width which can accommodate vehicles (already used by some local residents for access to their rear on-site parking). As indicated above it is likely that residents would only use a small section of the overall length of the rear lane, given the site is located near to the southern access point. Given its width and pedestrian gates/bins (observed when visiting site), the use of the lane would encourage low speed traffic and it is not considered would result in a significant highway safety issue, especially if drivers drove appropriately with the conditions of the road.

6.16 It should also be noted that the site is within the main settlement of Douglas and is within walking distance of Douglas Town Centre (shops/services/employment). Accordingly, in terms of sustainable development and sustainable travel this type of development on a brownfield site within a main settlement should be encouraged. The applicants have responded to comments made by Isle Of Man Cycling Association, by indicating where such cycle storage space can be accommodated which is considered sufficient in this case. It is not considered such provision needs to be conditioned. The future occupants can choose whether they want such provision and this scheme provides the required space.

6.17 Strategic Policy 10 indicates new development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement. This proposal would comply with this policy. Arguably to make the proposal comply further with this policy, is to reduce or removal all of the proposed parking associated with it; however, this would then be contrary to Transport Policy 7. Other than this point, the proposal is served with good pedestrian links, within walking distance of the town centre, close to bus stops and

==== PAGE 9 ====

                                      19/00474/B                                     Page  9  of  10

the main Bus Station. It is consider these dwellings are arguably one of the most sustainable developments on the IOM. It is considered this proposal would comply with Strategic Policy 1, 2, 10 and General Policy 2 of the IOM Strategic Plan 2016.

(v) Other matters 6.18 Comments raised by the owner/occupier of Nr 13 Grosvenor Road in terms of the potential structural impacts of the development upon his property are noted and are very reasonable concerns. However, these are not "material planning matters" that can be taken into account; nor is the noise/disturbances during the construction phase of the development. Building Regulations Application would be required for the demolition of the exiting building (and new dwellings) and these matters would be considered; including; shoring up of adjacent building; weather protecting areas of adjacent buildings exposed by the demolition; and repairing or making good damage caused to adjacent buildings by the demolition etc. A information note should be attached which seeks the applicants to discuss the neighbours concerns before commencing any works.

6.19 Douglas Borough Council (DBC) seeks the applicant be asked to demonstrate that there is adequate space available for maintenance of the adjacent Council Property (Bowling Green Pavilion Kensington Road) and in particular the roof. This is a civil matter between the relevant parties and does not fall within the planning remit. However, it is noted the proposal would leave a 1m gap between the closest gable end wall of the closest dwelling and the boundary with the Bowling Green Pavilion, which is more than currently exists as the existing building sits on this boundary. Therefore there is more potential for upkeep than currently exists.

6.20 In terms of Douglas Borough Council comments that the "plans submitted by the applicant are incorrect in terms of roof levels"; the Department is unsure what plans are incorrect. The plans in terms of the new dwelling roofs all appear to be correct. The applicants agent indicates they have discussed this with DBC and there appears to be confusion if this relates to the new dwellings or the adjacent Bowling club roof. However, the Department is content that the plans submitted for the new dwellings are correct. A condition is proposed which requires the roof ridges of the proposed dwellings being no higher than that of the neighbouring roof ridge of Nr 13 Grosvenor Road, for the avoidance of doubt.

6.21 The applicants agent has confirmed they are aware the existing telegraph pole will need to be moved, again this falls out of the planning emit and a matter between the applicant and Manx Utilities.

6.22 With regard to the impact upon bats roosting, it was noted when visiting the site (12.06.2019) that the slate roofs/rear lean-to roofs of the building had already been partially removed. Further, visiting the area (03.07.19) the building has been complete demolished.

7.0 CONCLUSION 7.1 For the above reasons, it is recommended for approval.

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 The decision maker must determine:

==== PAGE 10 ====

                                      19/00474/B                                     Page  10  of  10

o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __

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:...15.07.2019

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.