Officer Report 12/01584/B

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The application site is the curtilage of 6 Windsor Road, Douglas which is an end of terrace property situated to the southern side of the highway. The side elevation faces on to Richmond Grove, there is a low wall and railings which encloses the yard at the side.
2. The low wall and railings are a distinctive feature within the Windsor Road Conservation Area: these are along the terraced properties on Windsor Road and are also along the properties in the side streets such as Richmond Grove.

The Proposal

1. The application seeks approval for the removal of the low wall and railings as this no longer serves as an entrance to the building.

Planning History

1. The previous planning applications are not considered to be specifically material in the assessment of the current application.

Development Plan Policies

1. The application site is within an area zoned as "Predominantly Residential" identified on the Douglas Local Plan 1998. The application site is also within the Windsor Road Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).

6. General Policy 2

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;

Application No.:	12/01584/B
Applicant:	Mr Calvin Fayle
Proposal:	Removal of a boundary wall and railings
Site Address:	6 Windsor Road
	Douglas
	Isle Of Man
	IM1 3JY

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; 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.

7. Environment Policy 35

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.

Consultations

1. Highways Division does not oppose as it has no traffic management, parking or road safety implications
2. Douglas Corporation has no objections

Assessment

1. The application seeks approval for the removal of the wall and railings at the side of the property which faces onto Richmond Grove; this is proposed as this yard is no longer used as an entrance to the property.
2. The wall and railings are a distinctive feature within the Windsor Conservation Area including the Groves and also along Bucks Road. The low wall and railings contributes significantly to the character and appearance of the area and therefore the removal of this would damage the character and appearance of the area.
3. Whilst the wall and railings are not being properly maintained and appear run down they are still an important feature within the Conservation Area and the removal of such historic fabric would not enhance or preserve the character and appearance of the Windsor Road Conservation Area.
4. For the above reasons the application is considered to be unacceptable and is recommended for refusal.

Party Status

1. The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
2. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Refused

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The removal of the boundary wall and railings would remove a historic feature from the Conservation Area, a historic feature which is a distinctive element within the Windsor Road Conservation Area. It is considered that the removal of this wall and railings would not enhance or preserve the character and appearance of the Conservation Area and therefore is contrary to Environment Policy 35 of the Isle of Man Strategic Plan.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 3-1-13

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Samuel Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager