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| Application No.: | 13/00202/B |
| Applicant: | Forest Homes Ltd |
| Proposal: | Amendment to bin store approved under PA 09/01131/B (retrospective) |
| Site Address: | Cregville |
| 13 Empire Terrace | |
| Douglas | |
| Isle Of Man | |
| IM2 4LE |
1.1 The application site is the curtilage of Craigville, 13 Empire Terrace, Douglas, a mid-terrace five storey property located behind the Castle Mona Hotel, to the north of the junction of Empire Terrace and Castle Drive in Douglas.
2.1 This application seeks approval for the amendment of the provision of the bin store approved under PA 09/01131/B (retrospective). The works undertaken include the erection of three walls to the original front sloping garden area to create a bin store and a raised patio area.
2.2 The wall fronting onto the public footpath has a maximum height of 2.8 metres, reducing to 2.1 metres with an overall width of 5.5 metres. Set 1.6 metres behind this front wall is the second wall which has a height approximately ranging from 3.5 metres to 2.8 metres in height. The gap between these two walls accommodates bin storage. Set 3.5 metres behind the second wall is the third wall which has an approximately height of 1.4 metres. This wall creates a gravel patio area which slopes downwards towards the highway. A further paved patio area exists on the other side of the third wall, which is immediately adjacent to the front elevation of the building.
3.1 The application site is located within an area designated as being Mixed use (Tourist/Residential/Office) under the Douglas Local Plan. The site is not with a Conservation Area, but is directly adjacent to a Conservation Area which runs on the opposite side of the public highway.
3.2 Due to the zoning of the site, and the nature of the proposed development, the following planning policy is relevant in the consideration of the application:-
3.3 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:
| Case Officer : | Mr Chris Balmer |
| Photo Taken : | 11.03.2013 |
| Site Visit : | 11.03.2013 |
| Expected Decision Level : | Officer Delegation |
4.1 The following previous planning application is considered relevant to the determination of this proposal:
Installation of replacement windows to front elevation - 11/01219/B - APPROVED Conversion of former guest house into five apartments -09/01131/B - APPROVED Installation of replacement uPVC windows - 99/01445/B - APPROVED Internal alterations to relocate bar and dining room - 87/01488/B - APPROVED
5.1 Douglas Corporation does not object to this application.
6.1 It is considered the issue with the development relates to the potential impact upon the visual amenities of the street scene. In terms of planning policy General Policy 2 is the most relevant to consider. Paragraph c of this policy indicates that development will normally be permitted, provided that it does not affect adversely the character of the surrounding landscape or townscape. 6.2 It was noted when visiting the area that due to the topography of the land, the properties along Empire Terrace are raised above the public highway (floor level of application site ranges from 3.5 to 2.5 metres above highway) and consequently the front garden/patio areas have a stepped sloping profile, which in some cases involves retaining walls of various heights. 6.3 Before any works where undertaken there was a single boundary wall fronting onto the public footpath which had a height ranging from 1.7 metres to 1.3 metres. When the application to convert the building into five apartments was approved (09/01131/B), the scheme included the creation of a bin store which was set behind this front boundary wall, which was accessed via a new pedestrian gate. The height of the wall did not increase, albeit
a 1.9 metre high retaining wall set 1.8 metres behind the front boundary wall was approved, to create the bin store area. This approved scheme retained the existing front garden area. 6.4 This current submission substantial alters this previously approved scheme in all respects. The new submission has resulted in three substantial walls to the original front garden area, which now appears when viewing the property from the opposite side of the highways as a continuous walling ranging in an cumulative height from 4.5 metres to 3.8 metres in height. 6.5 Further views of the site from either direction along Empire Terrace are also of a substantial amount of continuous walling fronting the property, which from some aspects also block views of the lower part of the ground floor windows. 6.6 Walking along the adjacent public footpath, the view of the walling is very apparent resulting in a domineering structure given the height of the entirety of the walling within very close proximity of the highway (i.e. public footpath). 6.7 Overall, it is considered the height, scale, design, massing, and proximity to the public highway all results in domineering and discordant features within this area of Empire Terrace to the detriment of the visual amenities and character of the street scene.
7.1 For the reasons indicated the proposal would be contrary to General Policy 2 of the Isle of Man Strategic Plan and therefore the application is recommended for refusal.
8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:
Douglas Corporation 8.2 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.
Recommended Decision: Refused
Date of 25.03.2013
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
R 1. The walling to the front of the property would, by reason of its height, scale, massing and design and proximity to the public footpath, represent a domineering and discordant feature within this area of Empire Terrace to the detriment of the visual amenities and character of the street scene contrary to General Policy 2 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 : Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager
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