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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: Site Address : 14/00362/B Hartford Homes Erection of a dwelling to replace former dwelling and shop 1 & lA Derby Road Douglas Isle Of Man IM2 3EU Mr Edward Baker Case Officer: Photo Taken : Site Visit: Expected Decision Level : 16.04.2014 Officer Delegation Officer's Report THE APPLICATION SITE The application site is No. 1 and lA Derby Road, Douglas. The site is situated on the corner of the junction of Derby Road with Derby Square. It has a frontage to both roads. The site was formally occupied by a traditional period two and a half storey detached dwelling. However, the dwelling has been in a poor state of repair and was recently demolished following the issuing of an emergency demolition notice by the Department of Infrastructure’s Building Control service. The site has been cleared and is currently being used to facilitate the development of the adjacent site, Nos. 2-4 Derby Square, for the erection of two town houses (09//01624/B). Both the application site and adjacent site are owned by the same developer. 1. The site is bounded by highway on its north (Derby Road) and west (Derby Square) sides. Immediately to the other side of the road to the north is an area of open space. To the opposite side of the road to the west is the end of the Victorian terrace on the north side of Derby Square. To the south of the site is No. 2 - 4 Derby Square which has been cleared and where construction is taking place for the erection of the two town houses. The east (rear) of the site backs onto Derby Square Lane from which the site enjoys rear vehicular access, Beyond this further to the east and behind a substantial stone wall is the bowling green and grounds of the Villa Marina. At the rear of the site, on the corner of Derby Road with Derby Square Lane is a single storey shop. This is in separate ownership to the application site and adjacent land. 2. The site is located within the Windsor Road Conservation Area 3, THE PROPOSAL The application seeks planning approval for the replacement of the original house on the site with a new three and a half storey detached town house. The dwelling would have a traditional Victoria^ form at the front and sides with cornicing, sliding sash windows and ground floor bay windows. The walls would be faced in render and the dwelling would have a natural slate roof. Windows would be UPVC sliding sashes at the front and side. At the rear the dwelling would have a more modern appearance. There would be a low wall and railings at the front to replicate the boundary treatment of the original dwelling. 4. Page 1 of 8 14/00362/B 5 June 2014

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The applicant has confirmed that natural slate will be used, that the windows will be vertically sliding sash and provided details of the architectural features of the dwelling. This information has been circulated for information. 5. The Planning Authority is also currently considering an application for Registered Building Consent seeking retrospective permission for the demolition of the original dwelling (14/00386/CON). 6, The application follows pre-application discussions with the planning officer and conservation officer. 7. PLANNING HISTORY The following applications are considered noteworthy in relation to the consideration of the current application: 8. Application Site: 08/01548/C - approval granted for change of use of the original dwelling to temporary overnight accommodation. 14/00386/CON - the Planning Authority is currently considering an application seeking retrospective Registered Building Consent for demolition of the original dwelling. Shop (at the rear of the Site): 08/01044/C - approval granted at appeal for change of use of shop to a complementary therapy unit, Nos. 2-4 Derby Square: 09/01624/B - planning approval granted in April 2010 for the demolition of existing commercial buildings and the erection of two town houses. The buildings have been demolished and it is understood that the planning approval was implemented within the four years required by condition 1 of the approval. 14/00390/B - the Planning Authority is currently considering a fresh application for the erection of two town houses on the site. The proposal is effectively an amendment to the early approved scheme. PLANNING POLICY The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998. 9, The application site is within the Windsor Road Conservation Area designated in September 2003. 10. 11, The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application. Strategic Policy 1: 'Development should make the best use of resources by: 14/00362/B Page 2 of 8 5 June 2014

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optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(l) and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and (a) (b) (c) services. Strategic Policy 2: 'Nev^ development will be located primarily within our existing towns and viilages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.' Strategic Policy 4 states: 'Proposals for development must: Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and not cause or lead unacceptable environmental pollution or disturbance.' (a) (b) (c) Strategic Policy 5: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.' Strategic Policy 10: '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; make best use of public transport; not adversely affect highway safety for all users, and encourage pedestrian movement.' (b) (c) (d) Spatial Policy 1; The Douglas urban area will remain the main employment and services centre for the Island.' Spatial Policy 5: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' General Policy 1: Page 3 of 8 14/00362/B 5 June 2014

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The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' 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; respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; does not affect adversely the character of the surrounding iandscape or townscape; does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; does not affect adversely public views of the sea; incorporates where possible existing topography and landscape features, particularly trees and sod banks; does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and (b) (c) (b) (e) (f) (9) (h) manoeuvring space; does not have an unacceptable effect on road safety or traffic flows on the local (i) highways; can be provided with all necessary services; does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and is designed having due regard to best practice in reducing energy consumption.' 0) (k) (I) (n) Environment Policy 35 states: '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.' Housing Policy 4 states: 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(l) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the foilowing exceptional circumstances: essential housing for agricultural workers in accordance with Housing Poiicies (a) 7, 8, 9 and 10; conversion of redundant rural buildings in accordance with Housing Policy 11; the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.' (b) and (c) Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: 14/00362/B Page 4 of 8 5 June 2014

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The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains Policy CA/2, which is considered specifically material to the assessment of this planning application. 12. Policy CA/2 - Special Planning Considerations states: '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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.' REPRESENTATIONS Douglas Borough Council - no objection, 13. Highway Service - no objection. 14. 15. Manx Utility Authority - advisory note. ASSESSMENT Whether the site is a suitable location in principle for new residential development The proposal is to replace the original dwelling on the site which was recently demolished due to its poor condition. The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998. It is situated in a reasonably central and sustainable urban location, with good access to shops, services, jobs and public transport. The proposal would make effective use of previously land. The proposal therefore demonstrates a number of good sustainability credentials. The site is considered wholly suitable for the erection of a dwelling in principle, and the acceptability of the application should turn on the consideration of the following issues. 15. The effect of the proposal upon the character and appearance of the Conservation Area 16. In this regard, the key test is whether the proposal would preserve or enhance the character and appearance of the Windsor Road Conservation Area. The proposed dwelling takes a very traditional Victorian form at the front and side gable and in this context is not dissimilar in form to the original dwelling on the site, albeit it would be slightly larger. The design would also complement the style and form of the two town houses that have planning approval on the adjacent site. Nos. 2-4 Derby Square and which are currently under construction. At the rear, the design of the house is much more modern, again reflecting the differing architectural style taken to the design of the rear of the adjacent scheme. 17. 5 June 2014 14/00362/B Page 5 of 8

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The end gable and side of the dwelling would appear quite imposing when seen from Derby Road, when for example using the scale of the adjoining shop at the rear as a visual reference point. However, the original dwelling was itself quite substantial. The new dwelling is not significantly larger than the original dwelling that it will replace - it would be approximately 1 metre taller. The dwelling would be slightly lower than the two new town houses at Nos. 2 - 4 Derby Square and, in terms of its proportions, would relate well to these two new dwellings. The scale of the dwelling would also relate well to the not insubstantial massing of the dwellings to the other side of Derby Road to the north west, as well as the end terrace property on Derby Square immediately opposite the site to the west. 18. Conditions are recommended to ensure that natural slate is used and that the windows on the front and south gable are vertically sliding sashes rather tinan casements. 19. The effect of the proposal upon residential amenity It is considered that the design and position of the dwelling is such that it would unlikely have a significant impact on the amenities of nearby properties over and above that of the original dwelling. There would be no direct and harmful overlooking of adjacent properties, overshadowing, overbearing or other adverse impacts. Access and parking 20. 21. Vehicular access would be from the rear via Derby Square Lane. There would also be a formal pedestrian access to the front of the building from Derby Square. The Highway Service offers no objection to the proposals. The proposals show two on­ site garage parking spaces off Derby Square Lane, which accords with Transport Policy 7 of the Strategic Plan. It is considered that the proposed access and parking arrangements are acceptable. 22. RECOMMENDATION 23. It is recommended that approval is granted. PARTY STATUS 24, The following parties should be afforded interested person status: The local authority, Douglas Borough Council is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. The Highway Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. 25. The following parties should NOT be afforded Interested person status: Manx Utility Authority - does not raise relevant planning issues. Recommendation Recommended Decision: Permitted 05.06.2014 Date of Recommendation: Page 6 of 8 14/00362/B 5 June 2014

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Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice, Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. To comply with article 14 of the Town and Country Planning (Development C 2. The roof shall be finished with natural slate as confirmed by the applicant's letter of 16 May 2014, and shall be permanently retained as such. Reason: In the interests of the character and appearance of the Conservation Area. C3. The windows on the west and north elevations shall be of a vertically sliding sash design as confirmed by the applicant's letter of 16 May 2014. Reason: In the interests of the character and appearance of the Conservation Area. C4. The garage shall at all times be made available for the parking of private motor car(s) and shall be retained available for such use. Reason: To provide adequate off-street parking. N 1, The applicant/developer is advised that in order to comply with condition 1 of Registered Building Consent 14/00386/CON for the demolition of the original dwelling on the site (retrospective), it is a requirement that construction of the replacement dwelling hereby approved commences by no later than 01 September 2014 and that the redevelopment scheme shall be substantially complete by no later than 01 July 2015. This approval relates to Drawing Numbers 01 (site location plans), 02 (floor plans), 03, 04 (elevations) received on 24 March 2014; and details of windows (Rehau Heritage range), and Drawing Number 06 (detail elevation) received on 16 May 2014. 12 June 2014 14/00362/B Page 7 of 8

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I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management Senior Planning Officer. ddJ.i Decision Made: Permitted Date: Determining officer (delete as appropriate) Signed ;... Chris Balmer Senior Planning Officer Signed :... Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Head of Development Management Signed :... Jennifer Chance 12 June 2014 14/00362/B Page 8 of 8