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                                      23/01331/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/01331/B Applicant : JSK Property Ltd Proposal : Alterations to approved garage (PA 23/00429/B): Erection of detached garage with ancillary living accommodation over & expansion of existing driveway Site Address : Langdale House Lower Dukes Road Douglas Isle Of Man IM2 4BQ

Planning Officer: Mrs Vanessa Porter Photo Taken :

Site Visit :

Expected Decision Level :

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 01.02.2024 __

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.

C 2. The garage hereby approved shall only be used in association with the main dwelling house "Langdale House" and for purposes incidental to the use of main dwelling house "Langdale House" as a single dwelling and only in accordance with the internal layout shown on plan 1643 - G2 received on the 15th November 2023.

Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; and avoiding any future fragmentation of the curtilage

C 3. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Planning Authority, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Planning Authority.

Reason: To safeguard the appearance of the development and the surrounding area.

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C 4. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan TP-171123 in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.

This application has been recommended for approval for the following reason. It is considered the proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 15th November 2023; o Location Plan o Site Plan o Drawing No. 1643-C2 o Drawing No. 1643-G2 o Arboricultural Impact Assessment o Drawing No. PP-171123 Rev A o Drawing No. T1-171123 o Drawing No. TP-171123 o Drawing No. TS-161123

This decision also relates to drawing No. PP-17123 Rev A dated received 17th January 2024 which shows the proposed tree planting. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION SITE

1.1 The application site is within the curtilage of Langdale House, Lower Dukes Road which is a two storey detached dwelling situated within its own grounds, situated on the Northern side of Lower Dukes Road.

THE PROPOSAL

2.1 The current planning application seeks approval for alterations to a previous application PA23/00429/B. The proposal within this application is to erect a detached garage with ancillary accommodation over and expansion of the existing driveway.

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                                      23/01331/B                                     Page  3  of  5

2.2 The proposed garage is to be a three car bay to the lower floor and ancillary accommodation above in the form of a play room with cinema and guest bedroom with bathroom. The proposed garage is to measure 11.5m by 7.2m with an overall approximate height of 6.4m. To the front elevation there is proposed a flat roofed extension with three windows to the upper floor. All materials are to match the existing apart from the flat roof which is to have either a dark colour aluminium or uPVC fascia.

2.3 The garage is located to the northern boundary of the site and to the north of the main dwelling., A new internal driveway would run form the existing in a eastern direction and then curving in a northerly direction to the new garage. No details have been provided for the material of the proposed driveway.

PLANNING HISTORY

3.1 There is one previous application which is relevant in the assessment of this application PA23/00429/B, which was for the erection of detached garage and expansion of driveway - PERMITTED.

PLANNING POLICY

4.1 The site lies within an area zoned as "Residential Proposed" on the Area Plan for the East, Map 4 - Douglas. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 Given the nature of the residential property and the land designation paragraph 8.12.1 and General Policy 2 from the Isle of Man Strategic Plan 2016 are most relevant to its assessment which set out the general standards towards acceptable development.

4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking.

4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and have "No Highways Interest." (24.11.23)

5.3 Douglas Borough Council have considered the application and state "No Objections." (01.12.23)

5.4 DEFA's Ecosystem Policy Officer has considered the application and state that they have no objections to the proposal as long as Drawing No. PP-171123 Rev A is conditioned, and a standard 5 year replacement planting condition is attached. (18.01.24)

5.5 DOI Highway Drainage has considered the application and would like to recommend that the applicant demonstrates compliance with Section 58 of the Highway Act 1986 and the guidance within Section 11.3.11 of the Manual for Manx Roads. (25.01.24)

ASSESSMENT

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6.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.

6.2 The proposed garage is larger than normal within a town centre residential environment, whilst this is the case, the proposal would sit neatly within the site due to the amount of land afforded to the main dwelling. The proposed garage would sit behind mature trees and mature hedging which runs along the boundaries of the site, with views into the site from a public vantage point being minimal. Whilst the above is the case, if the mature hedging was removed then the garage would ultimately just appear as a domestic garage within a residential environment.

6.3 Due to the mature hedging surrounding the site, it is unlikely that the properties which could be impacted by the works to the North and East of the site would be impacted enough to warrant a refusal.

6.4 When looking at the proposed impact upon Ecology and Trees, it can be seen from the drawings provided that out of the trees previous approved to be removed, one has been removed and that an additional tree has been added onto this application. Having discussed the application verbally with the Senior Arboricultural Manager, who has stated that they have no objections to the proposal. Whilst this is the case, a condition should be attached for the protection of the trees which are left upon the site.

6.5 Comments received from Highway Services Drainage seem to be in relation to an earlier application which has already been approved for access widening. This currently proposal would have no issue to the existing highway drainage networks.

6.6 It should be noted that the proposal is for standalone ancillary accommodation within the garage, as such, as the approval within this application is only for ancillary accommodation, conditions should be attached to state that the ancillary accommodation can only be used in connection with the main dwellinghouse.

CONCLUSION

7.1 It is considered the proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan. The application is recommended for an approval.

INTERESTED PERSON STATUS

8.1 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.

8.2 The decision maker must determine:

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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 __

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

Decision Made : Permitted Date : 06.02.2024

Determining officer

Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.