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Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Edward Brooks & Mrs Jan Brooks, Ref 13/00655/A, for the Approval in principle for erection of a dwelling at Land Adjacent To Elmwood Somerset Road Douglas Isle Of Man subject to compliance with the following condition(s):
Date of Issue: 3rd July 2013
M Gallagher
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
No development may be undertaken until such time as the relevant reserved matters have been approved by the Planning Authority.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.1 This application seeks approval in principle for the erection of a dwelling on a piece of land owned in an association with an existing residential property sited on the north western side of Somerset Road in Douglas.
2.1 The application site is a plot of land that is located between Greeba and Elmwood, both large two storey detached dwellings. The parcel of land is currently used as a garden area of Elmwood.
2.2 The application site at present is bounded by hedging and tall mature trees on all sides. Views into the application site are not readily visible from the main public thoroughfare. The site is also set below the two adjacent properties.
2.3 The surrounding area is characterised by a mix of dwellings of different form, layouts and appearance with a mixture of detached dwellings and terraced dwellings.
3.1 This application seeks approval in principle for the erection of a dwelling on a plot of land currently used as garden area for Elmwood.
4.1 The application site is located within an area that is designated as Predominantly Residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 Map No. 2 (South). The application lies adjacent to the Selborne Drive Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically material to the assessment of this current planning application:
| Application No.: | 13/00655/A |
| Applicant: | Mr Edward Brooks & Mrs Jan Brooks |
| Proposal: | Approval in principle for erection of a dwelling |
| Site Address: | Land Adjacent To Elmwood Somerset Road Douglas Isle Of Man |
Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states: "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."
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."
Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by
that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
5.1 The application site has not been the subject of any previous planning applications.
6.1 The Department of Infrastructure Highways Division do not oppose the planning application subject to two off street parking spaces being provided in accordance with the Isle of Man Strategic Plan 2007. 6.2 The Manx Electricity Authority (M.E.A.) has made a representation towards the planning application requesting the applicant to contact the M.E.A. Planning Department to discuss the electricity supply for this application. 6.3 The Isle of Man Water \& Sewerage Authority have no objection to the current planning application subject to the proposed dwelling must be connected to a public sewer and there must be no discharge of surface water from this proposed development to any foul drainage system.
7.1 The key issue to be assessed in the determination of this application is whether the principle of developing the land by erecting a dwelling on it is acceptable. This requires a number of matters to be assessed including whether the site can be accessed in a safe manner, whether adjacent properties would be adversely affected so as to warrant refusal and whether the loss of trees shown by the submitted plans is acceptable. 7.2 The application site is in an area designated as predominantly residential by the relevant Area Plan and therefore the principle for residential development is deemed acceptable. Whilst the application site forms part of the garden of Elmwood, there would remain a sufficient amount of land associated with the existing dwelling and the new proposed property as to provide a satisfactory level of amenity for both dwellings. The application site does appear to be a vacant building plot that during time has become a garden area. 7.3 In addition, Housing Policy 4 states that new housing will primarily be located within the Island's existing towns and villages. The proposed new dwelling would form part of a row of detached residential properties along with being located adjacent to an existing residential terrace. 7.4 The development of the application site with a new dwelling would change the appearance of the street scene. At present the site is well screened from the main public thoroughfare given the significant boundary treatment of the belt of large mature trees to the south eastern side (front). The erection of a new dwelling would be wholly visible from Somerset Road. However, whilst it is judged that whilst the proposal would slightly alter the appearance of the surrounding area and street scene, it is not considered to be of a scale to cause unacceptable harm to the character of the area or adjacent Conservation Area so as to warrant refusal. The dwelling would simply form part of an existing and established street of a mix of residential properties.
7.5 Access to the site would be from a new access off Somerset Road as existing with the other properties of this road. It has been demonstrated on drawing no: WL/13/1276/1 that adequate visibility splays can be reached. This stretch of road is 30 mph . However there are a number of properties that have vehicular accesses onto the highway. As drawings detail, there would be no vegetation to the front boundary of the site that would interfere with visibility. The site is large enough to provide a sufficient amount of off-street car parking. 7.6 As with all approval in principle applications, detailed matters of siting, design, external appearance of the building, internal layout, means of access, drainage and landscaping of the site would be judged as and when a reserved matters application is submitted to the Department for consideration.
8.1 Overall, it is concluded that the planning application is in accordance with Strategic Policy 1, Strategic Policy 2, General Policy 2, Housing Policy 4 and Transport Policy 4 of the Isle of Man Strategic Plan 2007. 8.2 It is recommended that the planning application be permitted.
9.1 The Local Authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 9.2 The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status. 9.3 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Isle of Man Water \& Sewerage Authority The Manx Electricity Authority
Recommended Decision: Permitted
Date of 01.07.2013
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. 2 July 2013 $13 / 00655 / A$ Page 4 of 5
Approval of the details of siting, design, external appearance of the building, internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
C 4. This approval is in principle only and relates to the erection of one dwelling within the land defined by the red line on drawing no: WL/13/1276/1 and WL/13/1276/2 received on 31st May 2013.
C 5. The application for the reserved matters must demonstrate that two off street parking spaces are provided in accordance with the Isle of Man Strategic Plan 2007.
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.
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