Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF REPRESENTATIONS RECEIVED.

1.0 THE APPLICATION SITE

1.1 The application site comprises the residential curtilage of a detached property known as Thie Ny Strooan, which is located within Hillberry Green, Douglas. The pre-existing dwelling has recently been demolished and a replacement dwelling is currently under construction (PA 12/01279/8). 1.2 A watercourse runs through the site from north to south. The eastern half of the site rises towards Mountain Road and has mature tree planting within it. The section of the site closest to Mountain Road is more open but also has tree planting within it, focused mostly around the edges. The boundary with Mountain Road is formed by an earth bank. There is a timber gate situated at the southern end of the boundary onto Mountain Road. 1.3 To the south east of the site is a cluster of three detached dwellings, Gleneagles, Glen Kella and Glen Nook, Mountain Road, Douglas. These properties share an access from Mountain Road which is situated to the immediate north of Glen Kella and adjoins the southern boundary of the site. A brick wall runs along the boundary. 1.4 To the north are a number of detached dwellings which form a cul-de-sac development known as The Laurels, Mountain Road, Douglas. These properties are accessed from Mountain Road via Hailwood Avenue. Numbers 18, 19, 20, 22 and 23 have boundaries which adjoin or face directly onto the application site.

2.0 THE PROPOSAL

2.1 The proposal comprises the construction of a detached building which would provide an indoor tennis court, squash court, gymnasium and associated facilities. The building would be sited so as to be approximately 30 metres from the boundary shared with The Laurels, 15 metres from the boundary shared with Glen Kella and 8 metres from the boundary shared with Mountain Road. 2.2 The proposed building would have a height of approximately 11 metres (including the tallest point of the retractable roof). It would have a modern appearance with its elevations being finished predominantly with horizontal softwood timber cladding detailed with Manx stone and vertical timber cladding. The windows would be powder coated aluminium. Internally the building would provide a tennis court, squash court, lounge and male and female changing rooms. An upper floor area would provide a viewing gallery and gymnasium and a decked

platform. Access from the dwelling would provided by a new timber bridge walkway (approved under PA 12/00908/B). 2.3 The proposal also includes a scheme of additional tree planting which is focussed on the areas at the sides of the building and the frontage onto Mountain Road. All trees in the Registered tree area are stated as being retained. 2.4 A new vehicular access onto Mountain Road is proposed. This is stated as being for emergency and maintenance access only and would be provided with visibility splays of 70 metres in each direction, achieved by re-shaping parts of the bank. The existing access point from Mountain Road would be closed off by filling it in to continue the bank.

3.0 PLANNING HISTORY

3.1 The application site has been the subject of a number of previous planning applications, the following of which are potentially material to the assessment of this current planning application: 3.2 Planning application 12/00021/B sought planning approval for alterations and erection of extensions to dwelling. This previous planning application was approved on the 16th February 2012. This planning approval related to the previous dwelling located within the application site, that dwelling has subsequently been demolished. 3.3 Planning application 12/00512/B sought planning approval for the erection of a detached building to provide indoor tennis court, squash court and gymnasium with timber bridge walkway through garden and new emergency and maintenance vehicular access onto Mountain Road. This previous planning application was withdrawn before any decision was made. 3.4 Planning application 12/00545/B sought planning approval for the erection of a replacement dwelling, This previous planning application was approved on the 24th May 2012. 3.5 Planning application 12/00908/B sought planning approval for the erection of a timber bridge walkway. This previous planning application was approved on the 6th September 2012. It is understood that the dwelling approved under this planning approval is currently under construction. 3.6 Planning application 12/01279/B sought planning approval for the erection of a replacement dwelling within the application site. This previous planning application was approved on the 25th October 2012. It is understood that the dwelling approved under this planning approval is currently under construction.

4.0 PLANNING POLICY

4.1 In terms of land use designation the application site is part designated as low density housing in parkland and part designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. The proposed building is located within the part of the application site that is designated as predominantly residential use. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application: 4.3 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: (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 or the character of the locality; (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; (I) 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."

5.0 REPRESENTATIONS

5.1 The Department of Infrastructure Highways Division do not oppose the planning application subject to the vehicular access being used for maintenance purposes only and not being in daily use by occupants/visitors to the property. 5.2 The Isle of Man Water and Sewerage Authority have identified that a public sewer crosses the application site. Following discussions with the applicant's agent the Isle of Man Water and Sewerage Authority does not oppose the planning application subject to the diversion of the aforementioned public sewer. 5.3 The owners and/or occupants of 18 The Laurels, which directly adjoins the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal constitutes inappropriate development for a residential area and that the proposal is actually commercial development. They are concerned over the impact of the proposal on their private amenity, specifically in terms of noise nuisance from general use and the retractable roof, the effect of the proposed tree planting on light levels, and the potential impact of possible external lighting. They also highlight concerns over the safety of the proposed vehicular access, the effect on possible wildlife on site and the impact of construction traffic. 5.4 The owners and/or occupants of 19 The Laurels, which directly adjoins the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal constitutes inappropriate development for a residential area and that the proposal is actually commercial development. They are concerned over the impact of the proposal on their private amenity, specifically in terms of noise nuisance from general use and the retractable roof, the effect of the proposed tree planting on light levels, and the potential impact of possible external lighting. They also highlight concerns over the safety of the proposed vehicular access. 5.5 The owners and/or occupants of Glen Nook, which is located approximately 30 metres south of the application site, objects to the planning application. The grounds for their objection can be summarised as concern over the visual impact of the proposed development within its setting and surrounding area, and the safety of the proposed vehicular access. 5.6 The owners and/or occupants of 16 The Laurels, which is located approximately 40 metres north of the application site, objects to the planning application. The grounds for their objection can be summarised as concern over the impact of the proposal on their private amenity, specifically in terms of noise nuisance, and the safety of the proposed vehicular access 5.7 The owners and/or occupants of Glen Eagles, which directly adjoins the application site, objects to the planning application. The grounds for their objection can be summarised as concern over the visual impact of the proposed development within its setting and surrounding area, the safety of the proposed vehicular access, and the impact of construction traffic.

5.8 The owners and/or occupants of Glen Kella, which is located approximately 5 metres south of the application site across a shared private lane, object to the planning application. The grounds for their objection can be summarised as concern that the scale of the proposed development is inappropriate for the woodland setting, that it would have an overbearing effect on their property and that the safety of the proposed vehicular access is unacceptable. 5.9 The owners and/or occupants of 17 The Laurels, which is located approximately 20 metres north of the application site, object to the planning application. The grounds for their objection can be summarised as concern over the cumulative impact of development within the area. They specifically highlight concerns over the safety of the proposed vehicular access, that the proposal appears to constitute commercial development, and the impact of additional trees on private amenity.

6.0 ASSESSMENT

6.1 As highlighted earlier in this report the application site is residentially designated. What is proposed is a building that would contain facilities ancillary to the dwelling contained elsewhere within the application site. Although the proposed building is large it is considered to be proportionate to the size of the application site and previously approved development. Furthermore, the layout and proposed use of the building is such that it would be incidental to the dwelling. As such, it is concluded that the principle of the proposed development is acceptable. Whilst concerns have been raised within representations that the proposed development is a commercial development the application clearly states that it is associated to the occupation of the dwelling contained within the application site. Although the scale of the proposed development is large the scale of the associated dwelling is also large. If approved, a planning condition can be used to ensure that the buildings is not used commercially. 6.2 The main site specific issues to be assessed in the determination of this application are the impact of the proposed development on private amenity, public amenity and highway safety. 6.3 In respect of the impact of the proposed development on the private amenity it can be seen that the nearest point of the proposed building to the boundary with No. 18 The Laurels is approximately 32 m (approximately 35 m to dwelling) and approximately 15 m to the boundary with Glen Kella (approximately 24 m to dwelling). The proposal sees new tree planting to complement existing tree planting between the proposed building and the respective boundaries. Given the distance between the proposed development and the surrounding residential properties it is concluded that the proposal would not harm private amenity to an extent that would warrant refusal of the planning application. 6.4 Concerns over noise, light pollution and trees have been raised within a number of representations. The noise concerns specifically relate to the use of the proposed retractable roof. Given the distance of this roof from surrounding property, the level of intervening trees and the reasonable amount of its use it is considered that its impact on private amenity is insufficient to justify refusal of the planning application. In respect of light pollution it is noted that the planning application proposes low level, low voltage lighting alongside paths. Such lighting will have little, or no, effect on surrounding property. Should additional lighting subsequently be proposed it will be a matter of fact and degree as to whether planning approval is required for any such lighting and if so any such lighting would be subject to assessment through a planning application if required. As for the impact of trees it is considered that as well as helping to mitigate the proposed development the proposed tree planting would be in keeping with the site and surrounding area. It is considered that the impact of the proposed trees on the private amenity of surrounding property does not constitute sufficient material grounds to warrant refusal of the planning application. 6.5 Assessment of the impact on public amenity is primarily a consideration of how the proposed development would be viewed from the Mountain Road, as this is the primary public viewpoint of the application site. In terms of that viewpoint, anyone passing the site in a vehicle would have only fleeting glimpses of the building due to the nature of the road and the planting that would sit between the building and the highway. Pedestrians on the separate walkway would not have clear views of the site as the planted verge between the walkway and the road limits the available vantage points across Mountain Road. Irrespective of those viewpoints it is considered that the building is well designed and not inappropriate within an area where

development is not automatically opposed. Overall, it is concluded that the impact on public amenity is acceptable. 6.6 As can be seen the proposed development includes a new vehicular access onto the Mountain Road, which is stated to be used for emergencies and maintenance only. There would be no vehicular access to the building from the Hillberry Green side due to existing topography and trees preventing any such access. Pedestrian access from the dwelling would be provided and it is envisaged that the occupier of the dwelling would use this method of access to use the building. The impact of this proposed vehicular access onto the Mountain Road on highway safety has been raised as a concern within a number of representations to the planning application. This specific issue was assessed by the Department of Infrastructure Highways Division, with visibility and use concluded to be acceptable subject to the vehicular access being used for maintenance purposes only and not being in daily use by occupants/visitors to the property. This can be controlled by planning condition. 6.7 As stated earlier in this report the Isle of Man Water and Sewerage Authority have highlighted that a public sewer crosses the application site. To ensure that the proposed development does not adversely affect this public sewer the Isle of Man Water and Sewerage Authority has agreed with the applicant that a diversion of the public sewer is required. This can be dealt with by planning condition if planning approval is granted.

7.0 RECOMMENDATION

7.1 It is recommended that the planning application be approved.

8.0 PARTY STATUS

8.1 It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The Isle of Man Water and Sewerage Authority (statutory authority); The owners and/or occupants of 18 The Laurels (directly adjoining application site); The owners and/or occupants of 19 The Laurels (directly adjoining application site); The owners and/or occupants of Glen Eagles (directly adjoining application site); and The owners and/or occupants of Glen Kella (close proximity to application site). 8.2 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; The owners and/or occupants of Glen Nook (too distant from application site); The owners and/or occupants of 16 The Laurels (too distant from application site); The owners and/or occupants of 17 The Laurels (too distant from application site);

Recommendation

Recommended Decision: Permitted Date of Recommendation: 30.05.2013

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in complete accordance with drawing no.s P003 rev. A, P004, P101, P102, P201, P301, P302, X001, X002 and X003 rev. A date stamped the 10th April 2013.

C 3. Prior to the commencement of development details of the diversion of the public sewer must be submitted to and agreed in writing by the Planning Authority. Thereafter, the public sewer must be diverted in accordance with those agreed details prior to the implementation of the approved development.

C 4. All tree planting shown on drawing no. P003 rev. A must be carried out in the first planting and seeding seasons following the completion of the development. Any tree which within a period of five years from the completion of the development dies, is removed, or becomes seriously damaged or diseased must be replaced in the next planting season with another of a similar size and species.

C 5. The building hereby permitted by this planning approval shall be used only in association with the residential enjoyment of the dwelling contained within the application. For the avoidance of doubt no planning approval is hereby granted for the commercial use of the building.

C 6. and/or club The vehicular access from the Mountain Road hereby permitted by this planning approval shall be used only by vehicles maintaining the building permitted by this planning approval or by emergency vehicles requiring emergency access to the application site. Private access to the building permitted by this planning approval shall be achieved internally to the application site via the Hillberry Green access only.

N 1. In respect of condition no. 3 the applicant is advised to discuss and agree the details of the diversion of the public sewer with the Isle of Man Water and Sewerage Authority prior to the submission of details to the Planning Authority.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

26543