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Part 1: Case Officers Report. ## Planning Report And Recommendations {{table:312746}} {{table:312745}}
1.1 The application site is a parcel of land located on the western side of Queens Road in Onchan. The site has direct frontage onto Queens Road, with the three remaining boundaries being with existing residential property. At present the application site acts as a garden to No. 47 Governors Road.
1.2 Queens Road has a one way system implemented travelling north to south. The houses of Queens Road are terraced properties that step down with the topography of the land. The land slopes north to south also.
2.1 The proposal comprises the erection of a dwelling on the application site. The proposed dwelling is a one bedroom property with the dwelling located in the north western section of the site. A driveway to the side and front of the dwelling provides parking space, whilst garden and hardstanding area is proposed in front of the dwelling.
3.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan 2000.
4.2 Policy O/RES/P/19 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states:
"The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings.
4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:
"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:
"New housing will be located primarily within or existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
5.1 Onchan District Commissioners have recommended that the application be refused for the following reasons:
"The proposals result in the loss of amenity and off street car parking provisions for 47 Governors Road. The Commissioners recognise the parking issues in the street and believe that
this development would exacerbate those issues. Additionally the Commissioners consider that this proposal could be considered as backland development which is contrary to planning policies."
5.2 The Department of Infrastructure Highways Division have no objection to the planning application.
5.3 The Manx Electricity Authority has made a representation requesting that the applicant contacts the M.E.A. Planning Department to discuss the electricity supply for this application.
5.4 The Isle of Man Water and Sewerage Authority have no objection to the current planning application subject to the proposed development must be connected to the public sewer(s) and there must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).
5.5 The owners of 1 Queens Road have objected to the planning application on the grounds of loss of parking, highway safety, noise during construction, overlooking, loss of light and property value.
NB: Construction noise and property value are not considered material planning considerations and therefore hold no weight in the assessment of this current planning application.
5.6 The owner/occupier of No. 13 Queens Road has objected to the planning application on the grounds that the proposal will have an adverse impact on traffic in relation to parking.
5.7 The owners/occupiers of 2 Queens Road have objected to the planning application for reasons which can be summarised as insufficient level of parking, construction traffic, construction site safety, increase in tax costs and loss of light.
NB: Level of construction and increase in tax costs are not considered material planning considerations and therefore hold no weight in the assessment of this current planning application.
5.8 The owner/occupier of 4 Queens Road has objected to the planning application for reasons which can be summarised as increase in traffic during construction, construction process, loss of privacy and loss of light.
6.1 The application seeks approval for the erection of a new detached two storey dwelling. The main issues to consider in the assessment of the application is the principle of the development, the impacts on the character and appearance of the area, the impacts on the amenities of local residents and the impact on highway safety.
6.2 In terms of the principle of development, the site lies within an area zoned as Predominantly Residential under the Onchan Local Plan 2000 and therefore the principle of residential development would be acceptable in principle however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable.
6.3 Queens Road is characterised by terraced properties that step down north to south with the topography. The terrace is broken up in two places towards the Governors Road junction for two rear access lanes. The proposed erection of a detached dwelling on Queens Road would be completely out of keeping with the locality and would disturb the character of this terraced street. Whilst one could argue that No. 1 Queens Road does not follow suit of the existing properties of Queens Road, one must not regard this as a reason to grant planning
approval for another form of development that would be considered unsympathetic the appearance of Queens Road.
6.4 Additionally, the properties are characterised by a bay window on the front elevation alongside the front entrance and two first floor windows. The proposed dwelling does not follow this form as there is an additional window included at ground floor and at first floor level which would again be out of keeping with the appearance of the street scene and design and form of the existing properties of Queens Road.
6.5 In terms of the impact of the proposed development on the amenities of the local residents of Queens Road, it is considered that the most affected properties would be No. 1 Queens Road, No. 47 Governors Road and the properties of No. 37 – No. 47 Governors Road.
6.6 The proposal would be erected in the rear garden of No. 47 Governors Road and would therefore take an element of private amenity and would represent an inappropriate form of backland development. In addition the rear access to No. 47 Governors Road which would mean that the access would be located to the rear of the proposed dwelling and with people walking past the rear ground floor window which would have an adverse impact on the residential amenity of the local residents of the proposed new dwelling. On a whole the positioning of the buildings not only leaves inadequate private amenity space but results in an unacceptable relationship between dwellings.
6.7 In terms of the impact of proposed development on No. 1 Queens Drive, it is considered that the proposed dwelling would be sited a significant distance from the application as to not cause a detrimental impact on the residential amenity of the local residents of No. 1 Queens Drive. There would be no windows installed on the southern side elevation and therefore there would be no overlooking. In addition, given the orientation of the properties, the proposed development would not cause loss of light or shadowing.
6.8 With regards to the rear of the properties of No. 37 – No. 47 Governors Road, the proposed first floor windows would directly overlook the rear of these properties which would have an adverse impact on the existing residential and living amenity of the local residents of these properties.
6.9 The proposed development would provide two off road parking spaces and the Highways Division does not oppose. However, one must not disregard the fact the proposal would also take away existing of potential parking spaces for the residents of No. 47 Governors Road and therefore the proposal would inevitably increase the demand of parking in area that is already heavily congested.
7.0 RECOMMENDATION 7.1 It is recommended that the planning application be refused 8.0 PARTY STATUS
8.1 The local authority, Onchan District Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
8.2 It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The owners of No. 1 Queens Road, immediate neighbour to the application site The owner/occupier of No. 2 Queens Road, immediately adjacent the application site The owner/occupier of No. 4 Queens Road, immediately adjacent the application site
8.3 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
8.4 The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.
The Isle of Man Water & Sewerage Authority The Manx Electricity Authority The owner/occupier of No. 13 Queens Road
Recommended Decision: Permitted
Date of Recommendation: 08.07.2013
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
The proposed dwellinghouse would be contrary to General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2007 by reason of its design and siting and would:
i) result in the introduction of a dwellinghouse which is out of keeping with the general character and appearance of the locality by reason of the proposed siting, layout, scale, form, design and landscaping of buildings and spaces around and would therefore cause significant harm to the visual amenities of the street scene;
ii) result in demonstrable harm to the occupiers of No.37 and 47 Governors Road by reason of loss of privacy and overlooking; and
iii) result in an increase in demand for parking resulting in increased levels of congestion in an already congested area.
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: Permitted Date: 8.7.13
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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