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Government Isling: Ellen Vanain
Dave Luton Design Engine House Studio Agneash Lonan Isle Of Man IM4 7NS
In pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application by, ref 13/00762/B, for the erection of a replacement dwelling and garage at Clarecourt Marathon Road Douglas Isle Of Man IM2 4HL for the following reason(s):
Date of Issue: 23rd September 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
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
http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
Please note that a copy of the Officer's report which led to the decision (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department.
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 2SFTel (01624 685950) email; [email protected] 13 / 00762 / 8
| Application No. : | 13 / 00762 / B | | :-- | :-- | | Applicant : | Mr David & Mrs Patricia Swanson | | Proposal : | Erection of a replacement dwelling and garage | | Site Address : | Clarecourt | | | Marathon Road | | | Douglas | | | Isle Of Man | | | IM2 4HL |
Case Officer : Miss Melissa McKnight Photo Taken : 30.07.2013 Site Visit : \quad 30.07 .2013 Expected Decision Level : Officer Delegation
1.1 The application site is Clarecourt, an existing two storey dwelling located on the south western side of Marathon Road in Douglas. 1.2 The existing dwelling is finished in a sand/cement painted render with timber framed windows throughout and a pitched roof finished in slate. The existing dwelling is bounded by a high rise wall to the front with a rear garden that steps downwards and abuts Victoria Road sited to the south west of the application site. 1.3 Immediately adjoining the application site to the south and south west is an apartment development. Marathon Road is characterised by a mix of properties; there is no overriding design of properties within the locality.
2.1 This current planning application seeks approval for the erection of a replacement dwelling. The proposal is for a two storey detached dwelling with an attached garage. 2.2 The proposed dwelling would have a maximum height of 10 metres, width of 15.6 metres and depth of 21 metres. The existing dwelling has a maximum width of 14.1 metres, maximum depth of 13.1 metres and maximum height of 7.6 metres. The area of the proposed dwelling would be 397 square metres with the existing floor area measuring 280 square metres. 2.3 The proposed dwelling would be finished in part sand cement render and part resin timber look vertical slates. The timber finish would be focussed on the upper portion of the dwelling. The dwelling would have a pitched roof and be finished in natural slate. 2.4 Whilst the dwelling would be two storey, there would be accommodation within the lower ground floor and attic area. 2.5 The proposal also includes the erection of a detached double garage at the front of the dwelling. There would be a parking and turning area in front of the house and to the side of the garage with access directly off Howe Road.
3.1 The application site of Clarecourt has not been the subject of any previous planning application. 3.2 The rear garden/land to the rear of the application site is currently subject to one previous planning application and subject to three previous planning applications that are considered materially relevant to the assessment of this current planning application:
PA 13/00755/REM: Reserved Matters Application for erection of a dwelling and garage with greenhouse and shed. This current planning application is currently pending consideration.
PA 12/00771/A: Approval in principle for erection of a dwelling. This previous planning application was permitted.
PA 10/01277/B: Creation of hard standing and vehicular access onto Victoria Road. This previous planning application was refused on the following grounds:
R 1 . Whilst the access is designed to meet highway standards, due to its location on a busy road, with cars parked directly opposite, the proposal would be likely to give rise to increased conflicts for highway users and thereby greater interruption to the safe and free flow of traffic.
R 2 . The proposed works required to create the access, being a reduction in the height of the wall and the gap created in an otherwise continuous frontage, would be harmful to visual amenities and detrimental to the character of the area.
PA 10/00003/B: Creation of hard standing and vehicular access onto Victoria Road. This previous planning application was refused on the following grounds:
R 1 . The proposed vehicular access would be contrary to General Policy 2, Transport Policy 4 and 6 of the Isle of Man Strategic Plan 2007 in that:
PA 11/01484/A: Approval in principle for the erection of two semi detached dwellings with attached garages and one detached dwelling with an integral garage. This previous planning application was refused on the grounds that he proposal would represent inappropriate backland development which would result in a poor standard of amenity for the proposed properties, contrary to Environment Policy 42 of the Isle of Man Strategic Plan and the proposed layout would have an unacceptable impact upon the streetscene of Marathon Road in that in order to provide an access to the property to the rear, the proposed semi-detached houses would have to be orientated so as to be gable end on to the highway. This would fail to comply with General Policy 2 of the Strategic Plan, specifically parts (b) and (c).
3.4 The land To Rear Of 16 And 16A Marathon Road has been the subject of one previous planning application that is considered materially relevant to the assessment of this current planning application:
PA 13/00304/B: Erection of a dwelling. This previous planning application was granted planning approval.
4.1 In terms of local plan policy, the application site is located within an area designated as predominantly residential under the Douglas Local Plan Order 1998 Map No. 2 (South). 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains seven policies that are considered specifically material to the assessment of this current planning application:
"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."
"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."
"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."
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; (1) 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 states: "New housing will be located primarily within our 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: (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."
Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Appendix 7 sets out the parking standards for different types of development. For typical residential: "2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
5.1 Douglas Borough Council has no objection to the current planning application. 5.2 The Department of Infrastructure Highways Division do not oppose the current planning application. 5.3 The Isle of Man Water Sewerage Authority have no objection to the current planning application subject to the proposed dwelling must be connected to the public sewers and there must be no discharge of surface water from the proposed development to any foul drainage system.
6.1 Given the nature of proposal and level of development proposed it is imperative to consider the following points within the assessment of this planning application:
Whether the site is necessary for development;
Whether the level of proposed development would constitute over development on the site;
The impact of the proposal on the street scene;
The impact of the proposed development on the amenities of neighbouring properties; and
The impact on parking and access.
6.2.1 The site is within an established residential area and zoned as such in the Douglas Local Plan. The site is already occupied by a dwelling and is in a sustainable location with good access to shops, services and public transport. The principle of a replacement dwelling is therefore considered acceptable.
6.3.1 The application site equates to approximately 502.32 square metres and is adequate to accommodate a large detached dwelling with a satisfactory level of amenity space. The proposed dwelling would measure 397 square metres, leaving 105 square metres of amenity space. 6.3.2 It is therefore imperative that the proposed layout of the dwelling respects the site and is sympathetic with its surroundings. The existing dwelling is centrally placed within the plot with regards to space between the side and front boundaries and the front elevation of the property faces the highway which is the common layout of properties within locality. Under this scheme, the proposed dwelling would be erected directly on the north east elevation with the gable elevation facing the highway which is considered to be significantly out of keeping with the existing layout and form of the locality. 6.3.3 There is a difference between the footprint of the proposed dwelling and the existing dwelling. The proposed dwelling would be significantly larger than the existing and would be erected directly on the northwest boundary shared with 16 & 16A Marathon Road. In addition, the proposal represents a significant increase in the height of built development on the application site but that in itself is not seen as automatic grounds for refusal of the planning application. It is therefore necessary to assess the impact of the development and the effect of such a form of development in the area. 6.3.4 The majority of dwellings on the north western side of Marathon Road are erected above the highway given the topography of the landscape and set further back from the highway than the buildings on the north eastern side of Marathon Road with significant boundary treatments particularly to Inglenook, Cubbon House, The Palms and Cherrihurst that sit opposite the application site. 6.3.5 As existing, the first floor and roof of the application site dwelling is wholly visible from Marathon Road and partially visible from Princes Road. Therefore the increased height of the proposed dwelling would result in the proposed dwelling being more prominently visible thus inevitably increasing its impact as viewed from a public thoroughfare. 6.3.6 Given the orientation of the proposed dwelling and proximity to the highway, the increased height of the proposed dwelling would contribute the proposal appearing out of keeping within the locality. Although the two apartment blocks that are being developed adjacent to the application site are large in scale and form, the two buildings are related to each other, centrally placed within the plot and are set lower than the application site given the topography of the land. 6.3.7 As previously mentioned the buildings along Marathon Road are set at various levels and are of different forms, design, layout and appearance. Subject to the appropriateness of the design, there should be no objection to the proposed development being higher than the neighbouring dwellings on the grounds that residential amenity is not compromised. Impact on residential amenity and neighbouring properties will be addressed in paragraph 6.5 of this report.
6.3.8 Whilst the level of development proposed on the site would not significantly compromise amenity space for the residents of the new dwelling but is not considered to complement the site well given the scale, layout, design and form of the dwelling.
6.4.1 In terms of the effect on street scene, it is appropriate to have regard to the character of the existing dwellings in the surrounding area. In this respect it has to be acknowledged that Marathon Road contains a variety of dwellings of different forms, designs and mass. 6.4.2 The dwellings of Marathon Road are all front facing and finished in brick and/or painted render. The proposed dwelling under this scheme would be finished in part timber look slats and render and would be orientated in that the north west gable side elevation would sit adjacent the highway. It is therefore considered that the proposed finish materials and layout of the proposed replacement would deter from the street scene and would be unsympathetic the existing character of Marathon Road. 6.4.3 It is recognised that there is no distinct over-riding design of dwellings or buildings within the area and no applicable planning policy directly relating to the design of new dwelling in existing residential areas. Nevertheless, the development proposed within this planning application is not considered to positively contribute to the improvement of the quality and variation within the area. 6.4.4 The proposed new dwelling is considered to be out of keeping with the immediate and wider locality of Marathon Road again, given the scale, layout, design and form of the dwelling is not judged to respect the immediate surroundings. 6.4.5 A dwelling of that proposed under this scheme would be more suited to a site within its own grounds and not forming part of a residential street. The existing location would suit a house type that would be centrally placed within the plot with a much lower roof height and finished in a brick and/or render which is a common characteristic of the area.
6.5.1 The neighbours most affected by the new dwelling are 16 and 16A Marathon Road, immediate neighbours to the application site. 6.5.2 The proposed replacement dwelling would be erected directly on the boundary with No. 16 and 16A Marathon Road and the proposed dwelling would protrude a minimum of 5.2 metres and maximum of 9.1 metres above the boundary wall. 6.5.3 There are no windows to be installed on the north east elevation and therefore overlooking would not be an issue. However, the proximity of the property to 16 and 16A Marathon Road would result in the proposed replacement dwelling appearing overbearing on the neighbouring property which would have an adverse impact on the amenity of the local residents of 16 and 16A Marathon Road.
6.6.1 The proposal provides two on-site parking spaces in addition to an integrated garage. The Highways Division offers no objection to the application in terms of highway safety, access or parking issues.
7.1 The principle of a replacement dwelling on this site is not being completely disregarded. Unfortunately by reason of its design, form, scale and layout, the proposed replacement dwelling under this scheme is not considered acceptable on this site as it is deemed to be out of keeping with the existing character and form of Marathon Road. In addition, the increase in built development gives rise to the prominence of the building and is deemed to unduly harm public amenity and the visual appearance of the locality. 7.2 Further to the above the proposed replacement dwelling would have an adverse impact on the residential amenity of the local residents of 16 and 16A Marathon Road by reason of the proximity to the neighbouring property and height of built development.
8.1 It is recommended that planning approval is refused.
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 is part of the Department of Infrastructure and not an Interested Party. 9.3 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Isle of Man Water & Sewerage Authority
Recommended Decision: Refused
Date of 18.09.2013
Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
R 1. By reason of its design the proposed erection of a replacement dwelling would appear out of keeping with the streetscene of Marathon Road and would have a detrimental impact on the visual public amenity of the locality. As such, the proposal fails to satisfactorily accord with the provisions of Strategic Policy 5 and General Policy 2(c) of the Isle of Man Strategic Plan 2007.
The proposed dwelling would cause an unacceptable impact on the residential amenity to 16 & 16A Marathon Road contrary to General Policy part (g) of the Isle of Man Strategic Plan 2007 by reason of appearing as overbearing given the proximity of the proposed dwelling to the existing boundary and height of overall built development.
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: ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
PA13/00762/B Mr David & Mrs Patricia Swanson Erection of a replacement dwelling and garage, Clarecourt Marathon Road Douglas Isle Of Man IM2 4HL Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 02.07.2013, includes;
Dev Control Polygons: Reference Number: 10/01277/B Status: Refused Proposal: Creation of hard standing and vehicular access onto Victoria Road, Reference Number: 12/00771/A Status: Permitted Proposal: Approval in principle for erection of a dwelling Reference Number: 10/00003/B Status: Refused Proposal: Creation of hard standing and vehicular access onto Victoria Road,
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