13 June 2024 · Planning Committee
Sea Court, Victoria Road, Douglas, Isle Of Man, IM2 6aq
The proposal involves demolishing an existing derelict two-storey building containing three apartments within a large garden plot screened by mature trees and replacing it with a new two-storey block of six two-bedroom apartments, featuring hipped roofs with gables, painted render, various timber claddings, artificial …
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The officer assessed the proposal against key issues: visual impact, neighbour amenity, highway safety, trees, and biodiversity.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design/landscaping (b), protect/enhance landscape quality (c), safeguard ecology (d), ensure highway/parking safety (h/i), protect amenities (g), design out crime (m). Officer found proposal complies via amended two-storey scale, obscure glazing preventing overlooking, retained trees, access improvements, bat boxes.
Strategic Policy 1
Promotes efficient land use in settlements; site redevelopment for housing in residential zone/Douglas boundary acceptable.
Strategic Policy 2 - Priority for new development to identified towns and villages
Prioritises development in towns like Douglas; site location supports this.
Strategic Policy 3 - To respect the character of our towns and villages
Requires respect for local character; design integrates hipped roofs/gables/materials while contemporary, suits varied large houses in verdant plots.
Strategic Policy 4
Protect/enhance landscape/ecology (b); tree removals poor quality, mitigation via boxes/planting/surveys ensures no net loss.
Spatial Policy 5
New development to positively contribute to environment; contemporary design improves derelict site, adds diversity.
Strategic Policy 10
Site in public transport corridor, cycle parking exceeds standards.
Environment Policy 3
Tree removals acceptable as unsuitable long-term per DEFA.
Environment Policy 4
Supported by Protected Species Report; conditions secure surveys/boxes/PWMS.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Biodiversity protection via mitigation.
Environment Policy 42 - character and need to adhere to local distinctiveness
Design respects locality's large buildings, mature landscaping, varied styles.
Housing Policy 1
Supports housing needs including conversions/subdivisions.
Housing Policy 4
Douglas location appropriate.
Housing Policy 6
Assessed positively in conclusion.
Transport Policy 1
Close to public transport.
Transport Policy 4
Access/visibility improvements, DOI no objection.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Vehicle/pedestrian provision.
Transport Policy 7
Exceeds parking/cycle standards.
Time limit
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.
Bat and bird boxes installation
The development hereby approved shall not be occupied/brought into use unless the bat and bird boxes, have been installed/constructed in accordance with details submitted. The mitigation bat and bird boxes are to be erected on site as detailed in the Proposed Bird & Bat Box Location & type Plan (Drawing No. 10-29) and Proposed Site Plan (Drawing No. 10-22 Rev E). The bird and bat boxes shall be retained thereafter. Reason: In the interests of protecting and enhancing the biodiversity of the environment.
Nesting bird and roosting bat surveys
Prior to commencement of works on the building, Nesting bird and roosting bat surveys carried out by a suitably qualified ecologist shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Nesting bird and roosting bat survey report. Reason: To provide adequate safeguards for the ecological species existing on the site.
Precautionary Working Method Statement
Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for nesting birds, roosting bats and Wildlife Act Schedule 8 plants; shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Method Statement. Reason: To provide adequate safeguards for the ecological species existing on the site.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping (Drawing No. 10-22 Rev E) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the apartments, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
Detailed hard landscaping plan
Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed hard landscaping plan has first been submitted to the Department in writing to be agreed. The detailed hard landscape plan shall include a details of hard surfacing materials, external lighting, a space-sharing strategy, public seating and details of all ramps and steps within publicly accessible areas of the development. The hard surfacing plan shall also include details of planters and samples showing the texture and colour of the materials to be used and information about their sourcing/manufacturer. The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter. Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard landscaping which contributes to the creation of a high quality, accessible, safe and attractive public realm, and that the lighting regimes avoids impacts on terrestrial ecology.
Updated Tree Protection Plan
Prior to the commencement of the development hereby approved, an Updated Tree Protection Plan shall be submitted to and approved in writing by the Department. This plans shall clearly mark out the tree protection zones on the site. Within the Construction Exclusion Zones identified on this Plan, 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. Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period, to protect and enhance the appearance and character of the site and locality.
Vehicular and pedestrian access, parking and turning
The development hereby approved shall not be brought into use unless the vehicular and pedestrian access, visibility, and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing Nos. 10-31 and 10-22 Rev E). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such. Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.
Secure bin/bicycle storage
Prior to the occupation of the development hereby approved, the secure bin/bicycle storage areas shall be provided in accordance with the approved plans (Drawing No. 10-22 Rev E and 10-23 Rev B) and shall be permanently retained thereafter and solely for the purpose of refuse/cycle storage. Reason: In the interests of the appearance of the development and of the amenities of the area, and to promote sustainable travel in the interests of reducing pollution and congestion.
No additional enclosures/structures
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order, no means of enclosure, structures or other free standing buildings, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site without an express grant of planning approval from the Department. Reason: In the interests of the character and appearance of the development.
no significant road safety or highway network efficiency issues, no objection subject to access arrangements per drawings 10-22 Rev E and 10-31
content with bird/bat box locations and responses to consultations, recommend conditions for surveys, PWMS, landscaping, lighting, tree protection to ensure no net biodiversity loss
no objection, arboricultural impact largely unchanged from prior application, request detailed tree protection plan condition
no objection
DEFA Ecosystem Policy raised concerns over tree removal, biodiversity loss, and required bat/bird surveys and mitigation conditions; DOI Highways initially requested revisions but ultimately issued no objection subject to conditions; other consultees had no objections.
Key concern: insufficient bat and bird surveys required prior to determination
Ecosystem Policy Officer (DEFA)
Conditional No ObjectionThe Ecosystem Policy Team do not object to the proposed plans, but we have some concerns which need addressing prior to determination.; prior to determination, we request that landscape concept drawings are submitted; further surveys for bats and birds are undertaken by a suitably qualified ecological consultancy prior to determination; Once the above information has been provided, the Ecosystem Policy Team will need to be re-consulted
Conditions requested: landscape concept drawings or detailed landscaping plan via condition; further bat and bird surveys by qualified consultancy prior to determination with report and mitigation; low level lighting plans in line with BCT and ILP Guidance Note 8 Bats and Artificial Lighting (2023); bat and bird brick plans showing location/number/type and installation timescales; responsible working methods including soft felling, bat box prior to felling, eradication of Schedule 8 invasives; detailed soft landscaping plans
Ecosystem Policy Team (DEFA)
Conditional No Objectionwe are content with the locations of the swift boxes and pole mounted bat boxes. However, it is our preference that integrated swift bricks be used; In order to ensure no net loss for biodiversity on site the Ecosystem Policy Team request that the following conditions are secured on approval
Conditions requested: No development to commence unless nesting bird and roosting bat surveys undertaken and report/mitigation approved; No development to commence unless Bat and Bird Box Plan submitted and approved (swift bricks north elevation, bat bricks south elevation, pole mounted bat boxes prior to tree felling); No development to commence unless soft landscaping plan submitted and approved; No permanent outdoor lighting until sensitive low level lighting plan approved per BCT/ILP GN8/23; No development to commence unless PWMS for nesting birds, roosting bats, Schedule 8 plants submitted and approved; Tree protection measures per Manx Root’s Outline Tree Protection Plan (OTP-160822) implemented; standard replanting condition for trees/shrubs dying within 5 years
Highways Development Control (DOI)
Conditional No ObjectionThe visibility achievable remains acceptable to Highways.; Highways Development Control request the following alterations to be made to the proposal in order to complete the assessment of the application; Recommendation: Request further information / revisions.
Conditions requested: Zebra crossing visibility splays; Revisions to tactile layout at junction mouth; Clarification of intention for development street adoption; Alterations to access for no footway overhang in tracking; Increase cycle spaces to 12 in covered/secure area
Highway Services (DOI)
No ObjectionHighway Services HDC does not oppose (DNO) the following applications.
Highways Development Control (DOI)
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to...; Recommendation: DNOC
Conditions requested: all access arrangements to accord to drawing No. 10-22 Rev E and 10-31; S109(A) Highway Agreement post-consent
Highways Drainage (DOI)
Conditional No ObjectionAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986
Conditions requested: Compliance with clause 3.1.1 of the Road Safety Audit
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
Douglas Borough Council
Supportresolved to support the application subject to any highways related matters being satisfactorily resolved relating to the site entrance.
Conditions requested: highways related matters relating to the site entrance satisfactorily resolved
Arboricultural Officer (DEFA Forestry)
Conditional No Objectionit is imperative that the detailed protection plan, that I recommend is sought as a pre‐commencement condition, is up‐to‐date with this scheme.
Conditions requested: detailed protection plan as pre-commencement condition, up-to-date with this scheme
