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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No.: Applicant: Proposal: 14/00390/B Hartford Homes Demolition of existing commercial buildings and erection of two town houses (amendments to PA 09/01624/B) 2 - 4 Derby Square Douglas Isle Of Man IMl 3LS Site Address: Case Officer: Photo Taken ; Site Visit: Expected Decision Level : Mr Edward Baker 16.04.2014 OfRcer Delegation Officer's Report THE APPLICATION SUE The application site Nos. 2-4 Derby Square, Douglas. The site is situated close to the junction with Derby Road to the north east side of Derby Square. It was formally occupied by low rise commercial buildings, but these have recently been demolished to make way for development of the site (the site already benefits from planning approval for the erection of two dwellings on the site, 09/01624/B). 1. The site is situated between two plots. Nos. 1 and lA Derby Road is situated to the immediate north. It formerly comprised a derelict dwelling which has been recently demolished under an emergency demolition notice issued by Building Control. The adjacent site, which is under the same ownership as the application site, has been cleared and readied for development (the Planning Authority is currently considering an application for a replacement dwelling from the same applicant, 14/00362/B). There is an end of terrace house immediately opposite the site to the west. To the rear (east) the site backs onto Derby Square Lane from which it enjoys rear access. Beyond this further to the east and behind a substantial stone wall is the bowling green and grounds of the Villa Marina. 2. Derby Square is characterised by its predominantly three-storey Victorian terraces to the four sides of the central green square. The majority of the properties are painted render with the varying degrees of architectural detailing, a result of alteration and to some extent, the differing approaches of its builders. In the main, the existing properties in the square are characterised as follows. The entrance door to the Ground Floor is arched headed, with a targe format sliding sash window to the side, a heavy string course dividing ground and first floor which is modelled as the Piano Nobile with high sliding sash windows with heavy fluted surrounds and a smaller format sliding sash window at second floor. The eaves line is a heavily rusticated cornice. The architectural treatment does vary with 'ashlar' ruling in the render, cast iron balconies at first floor level and varying dormer formats. 3. 4. The site is located within the Windsor Road Conservation Area THE PROPOSAL The application seeks planning approval for the erection of a pair of semi-detached three and a half storey town houses. The dwellings are of a traditional Victorian style similar 5. 14/00390/B Page 1 of 9 12 June 2014

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to the existing properties on Derby Square, The waiis would be faced with render and the roof finished with natural slate. The windows on the front and gables would be UPVC sliding sash. There would be cornice detailing and bay windows at ground floor level at the front. At the rear the dwellings have a more contemporary feel. Vehicular access would be to the rear via Derby Square Lane serving integral garages. There would be a low stone wall with traditional railings above onto Derby Square. The applicant has confirmed an amendment to the drawings, agreeing to the use of natural slate for the roofs rather than the original proposal of an artificial slate. 6. PLANNING HISTORY The following decisions are relevant in the consideration of the application: 7. The Site: 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 the site cleared. It is understood that the planning approval was implemented within the four years required by condition 1 of the approval. Vine Villa, Derby Square (to the immediate south): 13/091226/B - planning approval granted in 2014 for the demolition of the existing dwelling and erection of four duplex apartments. The Planning Authority is currently considering applications for Registered Building Consent for demolition (retrospective) and planning approval for the demolition and replacement of the former dwelling at Nos. 1 and lA Derby Road (14/00386/CON and 14/00362/B). 8. PLANNING POUCY 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. 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. 11. Strategic Policy 1: 'Development should make the best use of resources by: 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: 14/00390/B Page 2 of 9 12 June 2014

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'New development will be located primarily within our existing towns and villages, 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: 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: 14/00390/B Page 3 of 9 12 June 2014

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(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 landscape 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 manoeuvring space; does not have an unacceptable effect on road safety or traffic flows on the local (b) (c) (d) (e) (f) (g) (h) (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 following exceptional circumstances: essential housing for agricultural workers in accordance with Housing Policies (a) 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.’ (c) Transport Policy 7 of the Isle of Man Strategic Plan 2007 states: 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. Page 4 of 9 12 June 2014 14/00390/B

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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 13. Douglas Borough Council - no objection. 14. Highway Service - no objection. Manx Utility Authority - advisory note. 15. 16. Owner/occupier of Vine Villa, 8 Derby Square - comments as follows: The description of the development does not include all the changes to the design of the scheme when compared to the earlier approval, The application should not be considered as an amended but rather as a new application. The application describes the following changes: Additional side windows Provision of details of the metre boxes, satellite dishes and rainwater pipes UPVC windows rather than timber windows Alternative light weight materials for the cornices Marley Rivendale Slate or similar However, there are a number of other changes which are not listed: Major changes to the iower ground floor plan The garages have been reduced in size Changes to the living accommodation Bay window added to the Derby Square elevation The lower floor accommodation is now sunken into the ground rather than being built under ground. A pit has been formed with access stairs The traditional vestibule has been removed from the front entrance Internal third floor alterations have resulted in changes to the elevations Changes to privacy screens Changes to window patterns Omission of string course Objection on grounds of overlooking from the new side windows. They have previously advised the applicant that side windows would be unacceptable. Opaque glazing for the balconies should be used and were previously agreed. Concerns about the reduced size of the garages. Concerns that work is already progressing on site. Brenda Canneli, MHK - expresses the foliowing concerns: 17. The number of parking spaces have been reduced - the original approval was for four spaces. This will give rise to parking on the streets to the detriment of neighbour properties. The Square is already heavily congested. The proposal would add to this problem. 14/00390/B Page 5 of 9 12 June 2014

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The new side windows will result in a loss of privacy for the adjacent building, Vine Villa. The neighbour wiil be overlooked. The end of the Victorian terrace on the other side to Vine Villa does not have any window in its end gable. ASSESSMENT Whether the site is a suitable location in principle for new residential development The site has previously had planning approval for a similar scheme granted in 2010. It is believed that development commenced on implementing this approval within the four years and that is remains extant. The approval is therefore a fallback and is particularly relevant to the consideration of the current application. The principle of developing the site with two dwellings has already been established, 18. Furthermore, 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. In these regards, the proposal is considered to display a number of good sustainability credentials, 19. The acceptability of the proposals should therefore turn on the consideration of the following planning issues. 20. The effect of the proposal upon the character and appearance of the Conservation Area The key test is whether the proposal would preserve or enhance the character or appearance of the Windsor Road Conservation Area. 16. The proposal is very similar to the previous approved scheme. The main changes 17. include: Smaller roof lights at the front Side windows to south gable Lower ground floor sunken into the ground with stair access Siate roof at rear rather than zinc roof Masonry privacy screens at the side of the balconies in place of opaque glazing Removal of string course to side Change to window patterns at the rear Larger rear dormer windows Larger rear garage doors Various changes to the internal layout It is feit that the changes to the design of the scheme are appropriate and do not inappropriately dilute the design success of the previously approved scheme. The proposed dwellings very much retain the Victorian style (at the front and sides - the rear is a more contemporary approach as before) which characterises Derby Square and is similar to the scheme for four duplex apartments recently granted planning approval at the adjacent site at Vine Villa. It is felt that the character and appearance of the Conservation Area would be preserved. 18. Conditions are recommended to ensure that natural slate is used and that the windows on the front and side gables are vertically sliding sashes rather than casements. 19. The effect of the proposal upon residential amenity 14/00390/B Page 6 of 9 12 June 2014

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The principal change to the original approved scheme in respect of impact on neighbours is the introduction of windows on the south side gable, facing towards Vine Villa. These are to serve stair wells and the applicant has agreed that they can be fitted with obscured and fixed glazing to prevent overlooking of the neighbour. A condition is required to ensure that obscured and fixed glazing is used. 20. The proposal also includes masonry privacy screens on the side of the balconies rather than opaque glazing. It is not felt that this would have a marked impact on the neighbours over and above the original scheme. 21. 22. Overall, it is felt that the proposal would not give rise to unacceptable impacts on neighbours when compared to the scheme already approved. Access and parking 23. 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 size of the garage has been reduced when compared with the previously approved scheme, but still retains two off- street parking spaces per dwelling. This is in accordance with Transport Policy 7. 24. It is considered that the proposed access and parking arrangements are acceptable. A condition is recommended to ensure that the garages are only used for the parking of vehicles so that there is no unnecessary displacement of parked vehicles onto the highway. 25. Other issues raised during the consultation process That work has already commenced on preparing the site is not relevant to the consideration of the application which should be considered on its planning merits. 26. 27. The application is being treated as a new standalone planning approval. 28. The changes to the internal accommodation are relatively inconsequential. RECOMMENDATION It is recommended that approval is granted. 29. PARTY STATUS 30. 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 Sen/ice is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. Owner/occupier of Vine Villa, 8 Derby Square - immediate neighbour 31. The following parties should NOT be afforded interested person status: Manx Utility Authority - does not raise relevant planning issues. 12 June 2014 14/00390/B Page 7 of 9

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Brenda Cannell, MHK - not an immediate neighbour. Recommendation Recommended Decision: Permitted Date of Recommendation: 05.06.2014 Conditions and Notes for Approvai / Reasons and Notes for Refusai C ; Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The deveiopment hereby approved shaii be begun before the expiration of four years from the date of this decision notice. To compiy with article 14 of the Town and Country Pianning (Deveiopment Reason: Procedure) (No2) Order 2013 and to avoid the accumuiation of unimpiemented pianning approvais. C2. The roof shaii be finished with naturai siate as confirmed by the applicant's ietter of 16 May 2014, and shaii be permanentiy retained as such. Reason: In the interests of the character and appearance of the Conservation Area. C 3, The windows on the west, north and south elevations shaii be of a verticaiiy siiding 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. C 5. The proposed windows on the south gable shall be glazed with obscure glass to Pilkington Level 5 or equivalent. The window shall also be non-opening. The window{s) shall be permanently retained as such. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy. 1 ? Iiino Pago B nf Q

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This approval relates to Drawing Numbers 06 (site location plans), 07 (floor plans) 08, 09 (elevations) and information on windows (Rehau Heritage range) received on 28 March 2014; and Drawing Number 10 (detailed elevation) received on 16 May 2014. 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. id.itOf. 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 14/00390/B Page 9 of 9