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22/01189/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 22/01189/B Applicant : Douglas Holdings Ltd. Proposal : Proposed erection of two detached townhouses with associated landscaping and parking Site Address : Site Adjacent To No.4 Tennis Road Douglas
Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.12.2024 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
vehicle visibility splays either side of the approved site accesses and driveways shall be implemented in accordance with approved drwg. no. 10-02 RevD;
the access and turning areas shall be implemented in accordance with approved drwg. no. 10-02 RevD;
the approved driveways and parking areas shall be surfaced using a consolidated, bound material with no loose gravel. Thereafter, these elements shall be permanently retained and maintained for the lifetime of the development.
Reason: To provide a safe, useable access that would not result in the deposition of any loose material on the public highway. These elements of the development are required in the interests of highway safety.
C 3. Notwithstanding the information submitted as part of the application, full details of all hard and soft landscaping shall be submitted to the Department for approval in writing prior to the commencement of development. The landscaping works shall be carried out prior to the occupation of any part of the development in full accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced
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during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Thereafter, all soft landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.
C 4. The drainage details shown on drwg. no 10-01 RevG for each dwelling shall be designed and installed prior to the occupation of the development and limited to a combined discharge rate of 7 l/s/ha for both units.
Reason: An exception for surface water discharge into the combined sewer has been permitted on the basis of attenuation to regulate flow into that system.
This application has been recommended for approval for the following reason. The proposed development to provide 2 no. detached dwellings is considered to be acceptable in principle whilst providing a well-designed and high-quality development that would result in a positive impact upon the character and appearance of the wider Conservation Area. The proposals are further deemed to provide a high-standard of living for future occupants without detriment to the amenity of surrounding residential properties, whilst being further acceptable from a highways safety standpoint. The proposals are therefore deemed compliant with Spatial Policy 1, General Policy 2, Environment Policies 35 and 42, Housing Policies 1-4, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
The approval relates to the following drawings and documents referenced;
10-02 RevD - site and location plans 10-01 RevG - proposed site plan and streetscene elevation 10-05 - proposed dwellings plans and elevation Received 24.10.24
Design and access statement Received 06.10.22 __
Interested Person Status
It is recommended that the following Government departments be granted Interested Party Status:
Manx Utilities Authority __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to an undeveloped grassed parcel of land bounded by dense mature hedging along the south-eastern/roadside boundary and the southern-western boundary. The site adjoins an additional portion of undeveloped land which does not form part of the application site, nor appearing to comprise the garden area for the modern bungalows to the north which was the subject of approved backland development in 2016.
1.2 The site adjoins a pair of late Victorian/Edwardian attached dwellings to the east, with a more modern pair of semi-detached dwellings bordering the site to the west. Unusually, the
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site does not appear to have ever been developed upon review of historic mapping, which indicates that much of the surrounding area was largely development between the late 1890s and early 1920s.
2.0 THE PROPOSAL 2.1 Planning permission is sought for the redevelopment of the site to provide 2 no. 5 bedroom detached dwellings, including an integral garage and 2 no. additional parking spaces at the front. The dwellings are conventional in style, including a full height gabled projection with an angled ground-floor bay window, with a mono-pitched canopy spanning the front entrance and garage. Accommodation would be provided over three floors, with habitable accommodation in the roofspace facilitated by a single gabled dormer, rooflight and window in the gabled projection on the principal elevation. 3 no. smaller rooflights are proposed on the rear roofslope. The ground-floor kitchen/dining/living area would be largely facilitated by a hipped single-storey rear element opening out onto the modest rear garden areas.
2.2 The dwellings would notably mirror one another and therefore appear largely identical, whilst being largely finished in painted render with slate roof tiles, pre-cast concrete sills, and black uPVC windows and doors. The proposals further include the erection of a modest masonry dwarf wall with metal railings adjacent to the streetscene, with additional planting proposed throughout the site following removal of the existing mature hedgerow.
3.0 PLANNING HISTORY 3.1 Planning permission was previously granted for the redevelopment of the site to provide a row of 5 terraced houses with associated parking and landscape (PA 16/00227/B). This permission does not appear to have been implemented and is therefore no longer extant.
4.0 PLANNING POLICY 4.1 Area Plan for the East (2020) 4.1.1 In accordance with the Douglas Central map within the Area Plan for the East, the site falls within an area zoned as 'predominantly residential' and the Selbourne Drive Conservation Area.
4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Development focussed in existing towns and villages 5 Design and visual impact 10 Sustainable transport 11 Housing needs
Spatial Policy 1 Development within the Douglas urban area
General Policy 2 General Development Considerations
Environment Policy 35 Development in Conservation Areas
42 Designed to respect the character and identity of the locality
Housing Policy 1 Housing needs 2 Adequate supply of housing through Area Plans 3 Provision of 2,440 homes in East area during 2011-2026 plan period
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4 New Housing to defined existing towns
Transport Policy 4 Highway Safety 7 Parking Provisions
5.0 ADDITIONAL MATERIAL CONSIDERATIONS
5.1 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.2 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)
5.3 Climate Change Act 2021 completed its passage through Tynwald in April 2021 and subsequently received Royal Assent in December 2021. The Act requires a statutory five-year Climate Change Plan to be in operation at all times, ensuring a clear direction for the Island to achieve net zero carbon emissions by 2050.
5.4 The Climate Change Action Plan 2022-2027 was subsequently produced and published in July 2022 and outlines the actions Government must take to cut emissions over the next five years, so the Island remains on track to be net zero by 2050. The plan assigns a percentage emission reduction target to six policy areas, including energy, transport and agriculture that must be met. Some of the major actions include: o The provision of carbon neutral electricity supply by 2030 o Bringing forward building regulations to ensure 97% energy efficiency in new buildings o Seeking to bring forward a ban on fossil fuel heating systems in new builds to 2024 o The installation of 20MW of local renewables by 2026 o Future introduction of further support for homeowners and tenants to aid the transition o The setting of a new interim emissions target of 35% by 2030.
5.5 Isle of Man Economic Strategy 2022 Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "...build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".
To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.
In terms of infrastructure and services, the plan seeks to actively invest in key services and infrastructure that attract and retain economically active people supported by a range of targeted incentives and disincentives to sustain targeted growth. The strategy also suggests example initiatives which, amongst other things includes the provision of suitable and affordable housing; housing especially for 20-40-year-olds; further support for the Island's education and skills offering; and affordable accessible childcare. The Plan recognises the
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importance of prioritising housing delivery in order to provide the housing stock to support the growth of the Island's population, employment and economic growth. The Plan states that without this, the economic potential of the Island will be held back and other policy measures will be less effective. The strategy also seeks to substantially decarbonise the service part of the economy by 2030, supporting an overall reduction of 35% in the Islands Greenhouse Gas emissions. 5.6 Built Environment Reform Programme (2022) BERP is a two year programme of work set out to develop commitments in the Island Plan to build great communities. The document also promotes brown field sites for regeneration and ways to stimulate development in the widest terms. (Strategic Objective 4)
5.7 Isle of Man Objective Assessment of Housing Need 2024 (May 2024) This document has been produced to assist in the formation of the Island's strategic planning policy and to outline projected future housing need on the Island. The document has not yet been through Tynwald but nevertheless remains a useful document, and is therefore afforded a degree of weight in the determination of planning applications.
6.0 REPRESENTATIONS 6.1 Douglas City Council - No objections. (08.11.24)
6.2 Highway Services - The proposal is acceptable in highway terms:
o The site is accessible and well connected. o A ramped access is to be provided to the proposed dwellings. o The proposed creation of two vehicle accesses are intended to be compliant with the Manual for Manx Roads and the UK Design Manual for Roads and Bridges (DMRB) on removal of the boundary hedge and replacement with low level planting at height not exceeding 0.6m, including geometry and appropriate visibility splays for pedestrians at 2.4 x 2.4m and driver to driver at 2.4 x43m for a 30mph speed limit and more than suitable for this location where speeds are likely to be lower. o There are to be two full size on-site parking spaces that are to measure 3.25 x 6m suitable for dual use by pedestrians and vehicles with space to access and open vehicle doors. o The new vehicle accesses do not impinge on the on-street parking spaces; yellow lines parking restrictions apply at the frontage.
The proposed accesses will each require a dropped crossing of the footway under a separate permission from Highway Services under a s109(A) Highway Agreement after grant of any planning consent and works may be commissioned from an accredited contractor able to work on public roads and constructed to the satisfaction of Highway Services. Alternatively, these can be commissioned from the DOI. On construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. Other highway licences and / or temporary traffic management or road closures may be necessary on construction.
The initial driveway space must be formed from a consolidated and bound surface to prevent debris tracking on the highway. Surface water drainage must be contained within the site or a porous material used. Details are necessary for submission and approval.
The submission makes reference to a provision of shed for cycle parking; although this should be provided from the outset and able to accommodate one space per bedroom. There may be other parties staying at or visiting the proposed properties who are not elderly with mobility impairments.
The Applicant should consider installing an electric vehicle charging point to each proposed dwelling unit to support net zero objectives.
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The proposal does not raise significant road safety or network functionality issues. It would improve the visibility of the neighbouring vehicle access. The amount of traffic generated by the development is expected to be less than the previously approved application (16/0227/B) for five dwellings to allow the operation of the road to continue to be within the expected capacity threshold for an urban environment.
Accordingly, Highways Development Control raises no opposition subject to conditions for: a) Access and layout to accord with Drawing No: 10-01 rev B. b) Visibility splays to accord with Drawing No: 10-02 rev B. c) Driveways from Tennis Road to be formed in a consolidated and bound material with details to be submitted and approved. d) Surface water drainage with details to be submitted and approved.
The Applicant is advised of the need for a s109(A) Highway Agreement and potential need for other highway licences, temporary traffic management and road closures during construction. (28.10.24)
After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the revised layout plan is acceptable for the proposals, subject to the conditions proposed by HDC on the 28 Oct 2022 dated response attached to permission (with updated plans numbers dated 28 Oct 2024 on the application portal). A S109 highway agreement will be required for the dropped kerb footway vehicular accesses. (01.11.24)
6.3 Manx Utilities Authority - We would accept for you to install some type of attenuation tank and restrict the discharge to 7 l/s/ha for the entire site (including future development) this will be sufficient. The attenuation system will remain private at all times and must be designed and indicated in the planning drawings. We will not accept this information post planning. Please can you provide a proposal for the attenuation tank. (07.11.22)
[officer note - no subsequent response has been received from MUA upon the submission of amended plans which have indicated the location of the proposed attenuation tanks]
6.4 Registered Buildings Officer - No response received at the time of writing. 6.5 Manx National Heritage - No response received at the time of writing.
6.6 Highways drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: there is no information of the detail of the entrance and interaction with the public highway. (05.12.22)
6.7 Forestry Officer - No trees will be impacted through this proposal and thus there is no basis for the Agriculture and Lands Directorate to object. I believe it is important for the planning officer to take note of the complete loss of canopy cover at this site, primarily due to previously approved planning applications (see attached images comparison of 2010 and 2022 canopy cover). The current proposal shows that trees will be planted, however, very little space is dedicated as garden space and, as a result, I am highly doubtful as to whether it will be desirable for the occupants to retain these trees in the long term. Certainly there is no room for large trees in the current site design. The current proposal is for 2 dwellings, it is rare for housing at this density to support a meaningful contribution to canopy cover, and this is evident in the surrounding residential area. Therefore, if it is desirable for this planning application to achieve a meaningful contribution to canopy cover in the long term, then I do not believe the current site design will achieve this. (02.11.22)
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7.0 ASSESSMENT 7.1 The main issues to consider in the assessment of this planning application are as follows:
(STP1,2, SP1, H1-4)
(STP4,5, GP2, EP35,42)
(GP2)
(STP10, TP4,7)
7.2 PRINCIPLE OF DEVELOPMENT 7.2.1 The application site falls within the urban area of Douglas which is noted to remain the main employment and services centre for the Island in accordance with Spatial Policy 1, whilst further being the main focus for new residential development. The site is further zoned for 'predominantly residential' purposes. Therefore, the principal of development is deemed to be acceptable, subject to further consideration with respect design and residential amenity as discussed further below.
7.3 CHARACTER, DESIGN AND VISUAL IMPACT 7.3.1 As noted in Section 1 of this report, the site appears to have remained undeveloped within what is a densely built-up area that was development at pace around the beginning of the 20th century. This notably included the adjacent pair of semi-detached dwellings to the immediate east which, from a design standpoint, appear almost as if they could and perhaps should have formed part of a wider terraced development. It is therefore somewhat unusual that the site in question has remained undeveloped, whilst further not having been utilised as an area of public open space.
7.3.2 Permission was notably granted for a row of 5 terraced dwellings in 2016, which would seem largely appropriate and appear as almost a continuation of built development along the streetscene between existing two-storey development either side. The initial proposals put forward as part of the current application sought permission for 2 no. detached bungalows, however officers held concerns that this may not be visually appropriate or cohesive in the context of an immediately locality that is typically dominated by two-storey dwellings.
7.3.3 Consequently, the revised and present proposals which are the subject of this application relate to 2 fairly conventionally designed 2.5 storey detached dwellings, which would appears far more in keeping with the scale of properties either side and directly opposite. The use of an angled ground-floor bay window with a corresponding hipped roof, gabled full height front projection, a small gabled dormer and conventional dual-pitched roof display a traditional design vernacular that is more typically associated with urban or semi- urban Arts and Crafts architectural styling from the early 20th century. This ties in successfully with the generally vernacular and dating of the majority of surrounding development in the immediate vicinity, and would therefore not appear incongruous in this respect.
7.3.4 The site is notably within a Conservation Area and provides a mildly positive impact upon its character and appearance by providing a sense of visual relief and greenery through the mature hedge planting. Nevertheless, the proposed development is considered to be of a high quality that would sit well within the immediate streetscene, being further reinforced by a dwarf wall with metal railings and planting along the streetscene boundaries that would tie in well with the existing situation serving the adjacent dwellings to the immediate east. The resultant development is therefore considered to provide a positive impact upon the character and appearance of the streetscene and that of the wider Conservation Area, in compliance with General Policies 2 and Environment Policies 35 and 42 of the Strategic Plan.
7.4 RESIDENTIAL AMENITY 7.4.1 No windows are proposed above ground floor level in the flank elevations of each property, thereby ensuring that the privacy of existing dwellings to either side would be safeguard, whilst further ensuring that the privacy of future occupants would not be impeded.
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Windows proposed at first-floor level would serve non-habitable rooms and therefore provide no meaningful degree of overlooking with respect to the modern bungalows to the north. Nevertheless, separation distances of in excess of 26m would be retained between the upper floors of the development and the rear elevation of the closest bungalow, thereby ensuring compliance with the Residential Design Guide in any case.
7.4.2 The proposed dwelling at Plot 1 would further not extend past the rear building line of No. 4 to the east, whilst the two-storey element of Plot 2 would not extend past the rear building line of No. 14 to the west. The single-storey elements of each dwelling would be sited within close proximity to one another adjacent to the shared boundary, therefore posing no material impact upon any surrounding properties.
7.4.3 Each dwelling would further be afforded reasonable degree of natural sunlight/daylight and ventilation with a sufficient outlook for all bedrooms. Likewise, the level of private amenity provision proposed for each dwelling, whilst modest, is considered to be sufficient in this location with additional front garden provision noted for each dwelling adjacent to the car parking spaces.
7.4.4 In light of the above, the proposals are considered to be further compliant with General Policy 2 (g) and (h).
7.5 HIGHWAYS IMPACTS, PARKING AND DRAINAGE 7.5.1 No concerns have been raised by Highway Services who consider that the proposed access points for each dwelling and corresponding visibility splays would be acceptable. Likewise, each dwelling would benefit from sufficient on-site parking provision of suitable dimensions.
7.5.2 Further details have been requested in relation to surface water drainage and the driveway, who have stated that the driveway should be constructed in a consolidated and bound material with details to be submitted prior to commencement of development. Likewise, Highways Drainage have also requested details ensuring that surface water run-off onto the highway would not occur. The attachment of a compliance condition to ensure that permeable and bound hardsurfacing would be utilised for the parking spaces/driveway is deemed to be appropriate however the request that such details be provided prior to the commencement of development does not appear to be necessary in this instance.
7.5.3 The amended plans note the installation of a drainage channel at the highway end of the parking area/driveway to divert any surface water run-off in tandem with a comprehensive drainage scheme, the detail of which would be provided outwith the planning process. Moreover, the location and general size of the proposed attenuation tanks for each dwelling have been outlined on the proposed block plans which appear to satisfy the request from MUA to provide such details. Again, a fully detailed drainage scheme would be dealt with in accordance with other legislation outwith the planning process.
8.0 CONCLUSION 8.1 The proposed development to provide 2 no. detached dwellings is considered to be acceptable in principle whilst providing a well-design and high-quality development that would result in a positive impact upon the character and appearance of the wider Conservation Area. The proposals are further deemed to provide a high-standard of living for future occupants without detriment to the amenities of surrounding residential properties, whilst being further acceptable from a highways safety standpoint. The proposals are therefore deemed compliant with Spatial Policy 1, General Policy 2, Environment Policies 35 and 42, Housing Policies 1-4, and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016. The application is therefore recommended for approval.
9.0 INTERESTED PERSON STATUS
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9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
9.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 24.12.2024
Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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