DEC Officer Report

Application No.: 18/01057/B Applicant: Mr Humphrey & Mrs Rosemary Laughton Proposal: Demolition of part of wall and creation of a vehicular access and driveway (in association with 18/01058/CON) Site Address: 10 Sartfell Road Douglas Isle of Man IM2 3LZ Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 21.02.2019 Site Visit: 21.02.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 25.03.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. Strategic Policy 4 and Environmental Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man set out the tests for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The removal of part of the front boundary wall and the creation of a 3.6m wide vehicular access onto the street would adversely affect the character of the street scene in this part of the Selborne Conservation area and therefore fail to meet these tests, adversely affecting the character and appearance of the area contrary to the requirements of General Policy 2. - R 2. The application has failed to demonstrate adequate highway visibility splays of 2.4m x 43m in each direction for the proposed vehicular access contrary to guidance on visibility standards contained in 'Manual for Manx Roads'. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site consists of a substantial early 20th Century two storey dwelling with the main element set forward in the site but linked as a terrace to the rear with a discrete group of 6 dwellings positioned on the north eastern side of Sartfell Road close to its junction with Tennis Road. The character and presence of this group of these dwellings are emphasised by shared

• build features such as gabled double bays on the front elevation, the use in common of a brown pebbledash render with white quoins, cills and fascia boards.
• 1.2 The site, in common with others in the terrace, is enclosed by a 700mm high low stone wall with coping with a 1200mm wide pedestrian entrance from the street between rendered stone pillars some 1200mm tall. There are no vehicular openings created from this group of terrace buildings onto the highway though there is a narrow vehicular passage way abutting the site to the north which links, via a dog-leg bend, onto Tennis Road and serves as a link to the rear curtilages of this terrace and also the rear of some dwellings in Selborne Drive. This vehicular passageway delineates the application site from the extended detached dwelling at Minard set back within the building line which has a large detached garage/single storey extension in its side curtilage with gated vehicular access onto Sartfell Road.

2.0 PROPOSAL - 2.1 As amended by plans received 14.02.2019 (939-002.RevA), this application seeks to widen the access to the site from 1200mm to 3600mm to provide for a proposed paved single vehicle driveway within the front curtilage. This would require the removal of sections of the existing low stone wall and removal of the gate pillars to achieve this. The gate pillars would be replaced by coped, rendered gate pillars of a similar height and design attached to the remainder of the existing wall and the new entrance would be linked onto the highway by a dropped kerb.

- 3.0 PLANNING HISTORY

3.1 18/01058/CON - Concurrent and yet to be determined: Registered Building Consent for the demolition of part of the wall and the creation of a vehicular access and driveway. - 3.2 13/91522/B - Permitted; Installation of replacement porch windows - 3.3 09/00924/B - Permitted; Installation of a solar panel - 3.4 01/00096/B - Permitted July 2001, Conversion of two flats to a dwelling, installation of uPVC windows to replace existing and erection of a replacement garage to the rear of the site.

- 4.0 PLANNING POLICY

4.1 The site is in an area designated as Predominantly Residential use in the Douglas Local Plan 1998. As previously mentioned, the site lies within Selborne Drive Conservation Area. - 4.2 As the site is within an area zoned for development the key policies relevant to this proposal is contained within The Isle of Man Strategic Plan 2016, specifically: - 4.3 Strategic Policy 4, which states (in part) that; "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest."

4.4 General Policy 2 (Development in accordance with the land-use zoning); "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; (g) does not affect adversely the amenity of local residents or the character of the locality."

4.5 As the site is within Selborne Drive Conservation Area, Environment Policy 35 (preservation of conservation areas) is relevant; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.6 It is also important to consider guidance and policy regarding development in Conservation Areas: Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas):

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council received 23.11.18. - Objects to the proposal which is located within a conservation area and detrimental to the local amenities of the area in that it does not ensure that the existing features and character are maintained and protected, effect the character of the whole terrace. - 5.2 Registered Buildings Officer received 26.02.2019 - Supports the comments submitted by Douglas borough Council and agrees that the proposal would neither preserve nor enhance the character or appearance of the conservation area. None of the other houses in this terrace have altered their front gardens or boundary treatments and the appearance of this group provides a positive contribution to the conservation area. The proposals will cause harm to this and it is therefore recommended that the application be refused. - 5.3 Highway Services object to the application on the grounds of highway safety as it has not been shown that there would be adequate highway visibility for the proposed vehicular access (03.12.18).

- 6.0 ASSESSMENT

6.1 The key consideration is the protection of the character, and appearance of the building and an assessment of the proposed development in respect of maintaining & enhancing the integrity & character and setting of the surrounding Conservation Area in line with the relevant policies in the Isle of Man Strategic Plan 2016, Planning Policy Statement 1/01 and Planning Circular 1/98 as set out in section 4 of this report. - 6.2 With regard to the building itself, as indicated on the submitted drawings, the traditional rough render walls, cills and gabled double gables are a defining feature the front elevation of this dwelling and indeed the whole grouping to which it is attached. this is further emphasised by the 'L' shaped front gardens with low boundary walls with gated pedestrian accesses that further define the character of this part of the street with no vehicular accesses in place to break the pattern of this part of the street. - 6.3 The removal of the existing gate pillars to widen the access to 3.6 in order to provide for a vehicular access onto the site with a drop kerb would neither preserve nor enhance the character or appearance of the street scene within the conservation area. As already indicated, none of the other houses in this terrace have altered their front gardens or boundary treatments resulting in the appearance of this group providing a positive contribution to the character of the Conservation Area. The proposal would cause harm to this and therefore be contrary to the requirements of Strategic Policy 4 and Environmental Policy 35 which sets out the test for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The proposed would therefore fail to reflect the existing built pattern of this part of the street in terms of design and have an adverse impact in damaging this pattern and, in this, not meet this test given its location. As such, the demolition of a substantial

• section of the boundary wall along this extended frontage to create a vehicular access and drop kerb onto the street would result in an unacceptable visual impact that would adversely affect the character and appearance of the area contrary to the requirements of General Policy 2.
• 6.4 Incidentally, planning permission was granted in July 2001 (01/00096/B) for various developments on the site which included the erection of a replacement garage to the rear of the site with timber corner gates providing access to the rear off the back lane. The building at the back is now flat roofed and used for storage by the rear timber gated access onto the yard remains. However, though not fully implemented, this would indicate that there remains the potential of providing for somewhat limited off street parking to the rear of this property without recourse to the removal of the front boundary wall.
• 6.5 The development proposes a single car driveway space 3.6m wide and 6.1m in length which complies with 'Manual for Manx Roads' design standards, and would allow for sufficient pedestrian access to the dwelling front door. A new vehicular crossing with dropped kerbs to the highway agreement would be required. Highway Services state that the visibility splays as indicated are unsatisfactory and oppose this application on the grounds of highway safety.

- 7.0 CONCLUSION

7.1 Strategic Policy 4 and Environmental Policy 35 sets out the test for development in Conservation Areas in that it must 'preserve or enhance' the Conservation Area. The removal of part of the front boundary wall and the creation of a 3.6m wide vehicular access onto the street would adversely affect the character of the street scene in this part of the Selborne Conservation area and therefore fail to meet this test, adversely affecting the character and appearance of the area contrary to the requirements of General Policy 2. - 7.2. Highway Services state that the visibility splays as indicated are unsatisfactory and oppose this application on the grounds of highway safety.

- 8.0 INTERESTED PERSONS 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:

• 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 25.03.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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