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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01424/B Applicant : ASAP Ltd Proposal : Replacement of existing, derelict three apartment building with a block of six apartments, together with associated parking and facilities and public highway improvements. Site Address : Sea Court Victoria Road Douglas Isle Of Man
Planning Officer: Paul Visigah Photo Taken : 31.01.2023 Site Visit : 31.01.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.05.2024 __
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 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.
C 3. 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.
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C 4. 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.
C 5. 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.
C 6. 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.
C 7. 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.
C 8. 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.
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Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.
C 9. 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.
C 10. 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.
N . FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. Overall, and for the for the reasons indicated within this report it is concluded the proposals align with the requirements of General Policy 2; Strategic Policies 1, 2, 3, 4, 5, and 10; Environment Policies 3, 4, 5 and 42; Housing Policies 1, 4, and 6; and Transport Policies 1, 4, 6 and 7; the Area Plan for the East 2020, and the Residential Design Guide 2021, as the principle of the development is in accordance with the land use designation and the wider policy framework, and the proposed building is of a good design and layout. Furthermore the proposal would not have significant adverse impacts upon public or private amenities, or parking and highway safety, and therefore would comply with the relevant planning policies listed.
Plans/Drawings/Information;
This decision relates to the following documents and plans:
o Cover Letter, o Arboricultural Impact Assessment, o Design and Access Statement, o Drw. 10 20 (Location Plan), o Drw. 10 21 (Topographical Survey), o Drw. 10 24 Rev C (Proposed Plans and Elevations), o Drw. 10 25 Rev D (Proposed Sections and Elevations), o Drw. 10 26 Rev B (3D Visualisation view from site entrance),
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o Drw. 10 27 Rev A (3D Visualisation view from Southwest corner of site), o Drw. 10 28 Rev A (Roof Plan), o Drw. 12 01 (Existing Elevations), o Drw. 160822 (Outline Tree Protection Plan), o Drw. 160822 (Tree Constraints), o Drw. 160822 (Tree Impact), o Protected Species Report, o Road Safety Audit Designers response, o Road Saftey Audit Stage 1, and o Seacourt Data Table, Received 12 December 2023;
o Covering Email o Drainage Statement Issue 2, o Drw. SC1667P 10-29 (Bird and Bat Box Plan), o Drw. SC1667P 10-22 Rev E (Proposed Site Plan), and o Drw. SC1667P 10-23 Rev B (Proposed Site Plan Vehicle Tracking), Received 7 February 2024;
o Covering Email, o Drw. 10-30 (Vehicle Tracking 02), and o Drw. 10-31 (Pedestrian Visibility), Received 28 February 2024. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 SITE 1.1 The application site is the residential curtilage of Sea Court, Victoria Road, Douglas, a two storey property, situated within its own large curtilage of mature gardens. The property which comprises three apartments, and which bears the semblance of a detached dwelling is enclosed on its entire boundary by mature landscaping comprising trees and shrubbery.
1.2 The existing building on site is characterised by its prominent chimney stacks, its hipped roof finish, painted render external walls, and a mixture of Georgian arched windows and casement windows, and three integral garages on its front elevation. From the highway the property is bounded by a Manx stone wall and mature planting above with bushes and trees effectively screening the property from the public highway. Access is from an existing gated driveway with pillars to each side and set back from the edge of the carriageway, with the boundary wall directly adjoining the highway and offering very limited visibility onto the highway.
1.3 The street scene of Victoria Road, particularly the western side of Victoria Road is characterised in terms of buildings and landscape character by large buildings laid out within large plots with mature landscaping. The northern end of Victoria Road where the property is situated is also characterised by mature trees and hedges along its roadside edge including small woodland groups which give a verdant nature to the street scene. To the west of the site, sits the St Georges AFC club grounds which includes banks of mature trees along its
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southern boundary which links through to the trees on the application site and are of some visual prominence and importance in the street scene.
1.4 Another key feature of the western part of Victoria Road is that all the dwellings/properties front onto the highway and there are no side-on or rear facing orientations, aside from Red House, Victoria Road which does not form a continuous group with the existing building group here and whose access is off a private lane shared with the Glenside Residential Home, Victoria Road.
2.0 PROPOSAL 2.1 Planning approval is sought for Replacement of existing, derelict three apartment building with a block of six apartments, together with associated parking and facilities and public highway improvements.
2.2 The proposed scheme would seek to replace the existing building on site with a new building that would house six new apartments, three two bedroom apartments on each floor. These apartments each have an open lounge/kitchen/dining area, two bedrooms (each with ensuite), a WC, store, and utility room, with sufficient circulation space within the flats. One of the apartments (Apartment 2) would have an ensuite attached to the bedroom. Two of the apartments situated to the right would have provision for a study.
2.3 The access to the units would be either via a lobby accessed via a stairway that leads to the hallway or via an elevator. All of the apartments will have two off road parking spaces, while access to and from the site will be via the widened driveway onto Victoria Road.
2.4 The proposed building would all have hipped roof over, whilst featuring two prominent front facing gables with pitch roof over. The building would integrate a combination of external finishes, combining painted render with horizontal plank cladding (Gray Brown), vertical plank cladding (Dark Oak), Rhinestone Oak cladding, artificial slate, dark grey PPC Aluminium or UPVC window and door units, and frameless glass balustrades.
2.5 The proposal would also include the following: i. Re-aligning the front boundary wall to create a wider entrance and pedestrian walkway in front of property. ii. Solar panels incorporated on the roof to assist with the heating and hot water load of each dwelling (No details of the power generation and type has been indicated). iii. A cycle storage rack which the applicant indicates would be provided to park and lock 12 bicycles is to be provided in front of the side on semi-detached building to the west, although no details of the type and design has been provided. iv. Removal of some trees on site, with new replaced planting re-integrated. v. Creation of Gabion fencing using locally sourced stones for bin storage area
2.6 The application is also supported by the following documents: i. Design and Access Statement. ii. Drainage Statement prepared by BB Consulting and dated 31 January 2024. iii. Arboricultural Impact Assessment Report prepared by Manx Roots Limited, and dated August 2022. The report is also accompanied by supporting tree plans. iv. Protected Species Report prepared by Ecology Vannin and dated November 2023. v. Road Safety Audit Report (Stage 1) and Road Safety Audit Designers Response, both prepared by Highway Mann Transport Consultancy.
3.0 PLANNING POLICIES 3.1 Site Specific: 3.1.1 The application site is within an area recognised as being an area of "Predominantly Residential Use" under the Area Plan for the East (Map 4), and the site is not within a Conservation Area. The site is not prone to flood risks, there are no registered trees on site and
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the site is not within a registered tree area, although it shares a boundary with the Glencrutchery Road Sports Field Registered tree area, with the trees within the site forming a congruent unit with the trees within the registered tree area.
3.2 Area: Area Plan for the East 3.2.1 Given the location of the site and the nature of the proposed development, the following parts of the Area Plan for the East Written Statement are considered relevant:
3.2.1 Section 6.5: Ensuring the efficient use of land and buildings "6.5.1 The density of development should be in keeping with the character of the local area. Higher densities will be more appropriate in the central areas of Douglas, Onchan, Laxey and Union Mills. Much of Douglas' celebrated seafront contains four and five storey hotels and apartment blocks which provide a distinctive visual image of the Capital and a highly practical form of space conscious living for a modern town.
6.5.2 Lower densities may be considered more acceptable in instances where there are site specific constraints, a need to provide additional levels of infrastructure or where the current character or appearance of the area necessitates a development of a lower density.
6.5.3 The subdivision of buildings for residential use can provide an appropriate source of housing and can lead to the more efficient use of existing buildings. Subject to other Strategic Policies, as well as the Proposals in this Plan, particularly in relation to amenity and the design of any alterations to allow the subdivision, such proposals will be supported.
6.5.4 In recent years, the Douglas town centre in particular has lost some of its population. The town effectively empties after the working day. Historically, people lived above the work spaces of shops, offices and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices12. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns."
3.2.2 Section 6.6: Principles of good design 6.6.1 In the Strategic Plan, Strategic Policy 5 states that 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island'.
6.6.2 A positive contribution means making places which are attractive and safe areas to live, work and invest in. In order to achieve this, it is essential that detailed design proposals be based around an understanding of constraints and opportunities of the site and that the proposal responds positively to local context, in terms of its scale, form, layout, materials, colouring, fenestration and architectural detailing.
6.6.3 This, in turn, depends on good understanding of the local character of the individual settlements in the East. Local character is defined by the natural and physical features of an area, including its topography, the pattern of streets and public spaces, the street scene, the density of development, the scale and form of buildings and the materials used in construction.
6.6.4 Housing developments have been criticised in recent decades for their uniform and standardised appearance. In order to avoid creating homogeneous and sterile neighbourhoods, developers will be encouraged to incorporate a mix of property types of a varying scale, utilising a range of complementary materials wherever possible.
6.6.5 Similarly, the layout of development should encourage integration with surrounding areas and not be inward facing. Regarding extensions, it is recognised that the use of
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alternative materials and detailing in extensions and alterations can, in some case, enhance the character of an existing building and/or the surrounding area.
6.6.6 The layout, orientation and design of buildings can reduce the need for energy consumption by maximising the potential to secure the benefits energy provides e.g. heating, lighting and cooling, through alternative means. Where layout, orientation and design is not constrained or dictated by other factors i.e. by the character of the surrounding area or the juxtaposition of adjacent buildings, applicants for planning approval will be encouraged to demonstrate how the design of the development has reduced the need for energy consumption.
3.2.3 Urban Environment Proposal 3: "Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area."
3.3 National: STRATEGIC PLAN (2016) 3.3.1 Relevant Strategic Plan Policies: a. General Policy 2 - General Development Considerations. b. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas. c. Environment Policy 4 - Protects ecology and biodiversity/important habitats. d. Environment Policy 22 - pollution. e. Environment Policy 42 - new development should be designed to take into account the character and identity of the area. f. Housing Policy 1 - Refers to housing needs which includes enabling 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. g. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. h. Strategic Policy 1 - Efficient use of land and resources. i. Strategic Policy 2 - Priority for new development to identified towns and villages. j. Strategic Policy 3 - Development to respect the character of our towns and villages. k. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. l. Strategic Policy 5 - Design and visual impact. m. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. n. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3. o. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. p. Transport Policy 4 - 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. q. Transport Policy 7 - Parking considerations/standards for development. r. Energy Policy 5 - require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment. s. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation. t. Paragraph 7.8.6: "Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that:
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o the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity; o there is proven public interest where safety or exceptional social or economic considerations outweigh the ecological importance of the site; and o the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means.
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 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.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The site has been the subject of a previous planning application for Demolition of existing three apartments on site and erection of six replacement dwellings under PA 22/01114/B which was refused on 20th June 2023. This application was refused on the following grounds:
The proposed siting, layout, scale, and arrangement of the new buildings on the site, would fail to relate positively and appropriately to the site character as it does not take into account a proper analysis of site context in terms of siting, layout, scale, landscape features, and spaces between buildings, and would have a deleterious impact on the application site, by resulting in a particularly intrusive development within the site when viewed from the surrounding area. The proposal, therefore, conflicts with General Policy 2(b and f) of the Isle of Man Strategic Plan 2016, and Paragraphs 3.1.4 to 3.1.7 of the RDG 2021.
Due to the overall height, width, form and layout of the proposed development, the proposal would disrupt the general rhythm of the overall group of buildings, and result in an obtrusive built development within an area comprising mainly large houses within generous gardens associated with the dwellings. The development would also result in the removal of large areas of mature landscaping which contribute to the character of the locality and townscape, resulting in the decline of the landscape quality and nature conservation value of this urban area contrary to Strategic Policy 4(b), Environment Policy 42, and General Policy 2 (b, c and g), and the latter part of Strategic Policy 3(b) of the Strategic Plan.
The proposed second floor bedroom windows, by virtue of their proximity and height, would result in unacceptable levels of actual and perceived overlooking from the proposal site into 'West Hill', , to the detriment of the residential amenity. Likewise, the scheme, by virtue of its proximity, height which towers to three storeys, and overall mass, would have an adverse impacts upon the outlook of 'West Hill' resulting in an overbearing impacts, particularly as the existing mature landscaping which would serve to soften any overbearing impacts would be removed. In this respect, the proposed development is considered to be unacceptable when assessed against General Policy 2 (g) and the relevant sections of the Residential Design Guide.
The potential for the loss of biodiversity on site would adversely affect the site character, and would detrimentally affect the amenity value of the mature landscaping within the site. The proposal also has the potential to adversely impact on a variety of biodiversity such as feeding, sheltering and breeding birds, feeding and commuting bats, and invertebrates due to the loss of the mature garden habitats linked to an established wooded area which houses protected species, and there is insufficient information to clearly ascertain the resulting impacts
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on ecology or that the appropriate mitigation has been provided for ecological loss. Therefore, the proposal is contrary to General Policy 2 (d), Strategic Policy 4(b), Paragraph 7.8.6, and Environment Policy 4 of the Strategic Plan (2016), and the IOM Biodiversity Strategy 2015 to 2025.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways Division confirms that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, they raise no objection to the proposal subject to all access arrangements according to drawing No. 10-22 Rev E and 10-31 (1 March 2024).
6.2 DOI Highways have stated that 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. They advise the applicant that compliance with clause 3.1.1 of the Road Safety Audit is outstanding (5 January 2024).
6.3 DEFA Ecosystem Policy Team have made the following comments on the application (19 February 2024): a. They note that they have considered the Proposed Bird & Bat Box Plan (Drawing no. 10-29) and confirm that they are content with the locations of the swift boxes and pole mounted bat boxes. b. They note that there preference is for integrated swift bricks to be used, rather than external boxes, because external boxes will require upkeep and replacement. c. They note that they have reviewed the Savage & Chadwick's email response to consultees dated 5th February 2024 and are content with the response. d. The state that in order to ensure no net loss for biodiversity, conditions are secured on approval to cover the following: o Nesting bird and roosting bat surveys to be carried out prior to commencement of works on the building; o Submission of Bat and Bird Box Plan; o Submission of a soft landscaping plan; o External Lighting; o Precautionary working method statements (PWMS) for nesting birds, roosting bats and Wildlife Act Schedule 8 plants; o Implementation of The tree protection measures detailed in Manx Root's Outline Tree Protection Plan (Drawing No. OTP-160822) throughout construction; and o Replacement of any tree or shrub which dies or becomes damaged within 5 years from the date of planting.
6.4 DEFA Forestry have made the following comments regarding the application ( o They state that the arboricultural impact is largely unchanged from the previous applications so they would revert back to my initial consultation (under PA 22/01114/B). o They note that the arboricultural information provided for this scheme is outdated as it is plotted against the layout from the previous application, but state that this is not a significant issue at this stage as the arboricultural impact is largely unchanged. o They request that a detailed tree protection plan, is sought as a pre-commencement condition.
6.5 Douglas Borough Council has no objection to the application (23 February 2024).
6.6 No comments have been received from neighbouring properties.
7.0 Assessment 7.1 The fundamental issues to consider with the current application are:
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a. Visual Impact; b. Impact on Neighbouring Amenity; c. Impact on highway safety; d. Impact on Trees; and e. Impact on Biodiversity;
7.2 The site is zoned for residential use on the Area Plan for the East, with the site also situated within the settlement boundary of Douglas, and adjacent to and surrounded by existing residential dwellings. Likewise, the scheme seeks to locate new housing close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport. Therefore, it is judged that the redevelopment of this site for residential purposes is acceptable in principle.
7.3 VISUAL IMPACT (GP 2, STP 3, EP 42, Sections 6.5 & 6.6 of TAPE, & RDG 2021) 7.3.1 With regard to the visual impacts of the proposed scheme, it would be vital to consider the requirements of Environment Policy 42 which stipulates that new development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality, and General Policy 2 paragraph (b) which requires that new development should 'respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them'.
7.3.2 The current scheme would create a single building with footprint only slightly larger than the existing dwelling on site. The proposed dwelling has also been designed to respect the existing patterns in the neighbourhood in terms of the relationship with the spaces between the buildings which serve to define the character of the site, with the orientation also set to respect the dominant pattern in the neighbourhood.
7.3.3 Another factor that weighs in favour of the new scheme is the fact that the proposal would integrate the existing design pattern and materials on the buildings in the area such as the pitch and hip roof, inclusion of front facing gables, blend of material finish on the external walls (render and brick/stone/cladding), slate-like tile finish for the roof, and painted render finish, with modern features such as glazed balustrades, modern timber cladding also integrated as part of the external finish to reflect the its own time in line with Paragraph 6.8.3 of the Area Plan for the East which requires that "New development should not seek to mimic existing development but be of its own time."
7.3.4 It is perhaps also worth considering that the proposed building will be of similar scale to the large houses in the area, with the contemporary design also adding to the diversity in terms of overall design styles in the area, particularly as the traditional steeply pitched roof finishes and gable ends/hipped roofs would be included, and as the houses in the immediate locality have varied individual designs, with no overriding design type, even though most of them are finished in brick finish. Accordingly, the overall design, siting, layout, size, landscaping and finishes of the new building would be acceptable and would create a pleasant housing development, without having a significant adverse visual impact to the amenities of the street scene, site or area.
7.3.5 Overall, in terms of the impacts on the street scene, the design, layout, finishes and scale of the development would be appropriate. Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation (with the site currently dominated by overgrown mature landscaping with limits views to the existing building on site), the impact to public views would not be such that would warrant refusal of the scheme. In fact, any visual impacts would be improved over the existing situation, as the works would tidy the site and the new modern design of the building would offer an improved appearance over the site in its dilapidated form. It is, therefore, considered the proposals would be acceptable and comply
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with the requirements of General Policy 2, Strategic Policy 3, and Environment Policy 42 of the IOMSP, as well as the principles advocated by the Residential Design Guide.
7.4 IMPACT ON NEIGHBOURING AMENITY (GP 2 & RDG 2021) 7.4.1 In terms of the potential impact upon neighbouring properties, the key concern with the previous scheme bordered on the potential for overlooking from the new first floor windows that were to be positioned very close to the neighbouring dwelling at West Hill situated directly south of the application site, and potential overbearing impacts from the three storey semi- detached block being situated about 3.9m from the boundary with this neighbour.
7.4.2 With the current scheme, every window situated on the first floor of the building with potential to overlook West Hill is either installed with obscure glazing or a high level window which would not enable overlooking of this neighbour. In terms of potential overbearing impacts, the new proposal would be set back by about 1m behind the building line of the previous proposal, with the bulk of the projecting section also set well bind the rear building line of West Hill, with the building height also reduced to two storey, such that any overbearing impacts would be significantly diminished.
7.4.3 Further to the above, the current scheme would also result in the removal of fewer trees on the boundary, with the retained trees serving to soften any impacts that could result on the neighbouring dwelling at Wet Hill. Moreover, the proposal would include a number of new tree planting that would serve top enhance the appearance of the existing boundary treatment, whilst serving as additional buffers between the new building and the adjacent neighbour.
7.5 IMPACT ON HIGHWAY SAFETY (GP2h & I, TP's 1, 4, 6, & 7, & SP 10) 7.5.1 In terms of impacts on highway safety, it is considered that the site entrance has been repositioned to be almost central on the site frontage, to achieve better visibility splays for the site with footpath added to the site frontage to further improve sightlines and safety for pedestrians. Therefore, it is considered that the proposed access alterations and sightlines would be an improvement over the current arrangement.
7.5.2 The new access arrangement and alterations to the site frontage would also facilitate safe access to the car park situated at the rear of the site and which serves the Braddan AFC Clubhouse as such is considered to be in the interest of highway safety for the general public.
7.5.3 In terms of off road parking, each dwelling would have at least 2 spaces provided within the site, with the proposal also seeking to provide cycle parking within the site which would be more than sufficient when compared with the requirements of Transport Policy 7. Besides, the site is within a public transport corridor which increases the public transport options available to future occupants.
7.5.4 Additionally, the applicants have provided a Stage One Road Safety Audit report and Road Safety Audit - Designers response which the DOI Highways raise no issues with. Moreover, Highway Services have assessed the proposal and consider that the proposal raises no significant road safety or highway network efficiency issues, subject to all access arrangements according to drawing No. 10-22 Rev E and 10-31 (1 March 2024), and these point to the acceptability of the proposal in highway safety terms.
7.6 IMPACT ON TREES (GP 2, EP 42, EP 3) 7.6.1 In considering potential impacts on trees on the site, it is noted that the current scheme would result in the removal of some of the trees on site. However, DEFA Arboricultural Team have advised that they do not object to the proposal as the trees being removed to facilitate the development are unsuited to the setting and thus unsuitable for retention in the long-term, due to their poor quality.
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7.6.2 As such, it is considered that the removal of the trees proposed to be removed on site would be acceptable in arboricultural terms, although appropriate condition would be imposed to ensure that an updated trees protection plan is provided as a pre-commencement condition, given that the arboricultural information provided for this scheme is outdated as it is plotted against the layout from the previous application.
7.7 POTENTIAL IMPACT ON BIODIVERSITY (EP 4, 5 & GP 2) 7.7.1 In terms of the ecological impacts of the proposed development, it is considered that the application is supported by ecological information which assesses potential impacts and potential mitigation for biodiversity. The supporting ecological information has been commented on and accepted by DEFA Ecosystems Officer and in this respect it is felt that the application has satisfied the principles of Environment Policy 4. Conditions would, however, be imposed to ensure that the required mitigation measures are implemented on site.
7.7.2 Based on the foregoing, it is felt that the application has satisfied the principles of Environment Policies 4 and 5, and General Policy 2 (d) of the Strategic Plan.
7.9 OTHER MATTERS 7.9.1 Designing out Crime (CP 7 & GP2m) 7.9.1.1 In terms of designing out crime and antisocial behaviour, it is considered that the site has been laid out such that there are overlooking views from the apartments over the new outdoor spaces provided, which would serve to promote community surveillance. Also, no new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. Therefore, it is considered that the scheme meets the requirements of General Policy 2 (m) and Community Policy 7 of the Strategic Plan.
7.9.2 Fire Safety (CP10 & 11) 7.9.2.1 In terms of fire safety, it is considered that the site layout is such that would enable easy access into the site for fire-fighting vehicles should they be required. Likewise, the scheme provides sufficient offsets from the boundaries which would ensure that access to all parts of the building is not impeded in case of fire, and these would be sufficient to prevent easy spread of fire. As such, it is considered that these elements of the scheme aligns with the requirements of Community Policies 10 and 11.
7.9.3 No other concerns have been noted.
8.0 CONCLUSION 8.1 Overall, and for the for the reasons indicated within this report, it is concluded that the proposals align with the requirements of General Policy 2; Strategic Policies 1, 2, 3, 4, 5, and 10; Environment Policies 3, 4, 5 and 42; Housing Policies 1, 4, and 6; and Transport Policies 1, 4, 6 and 7; the Area Plan for the East 2020, and the Residential Design Guide 2021, as the principle of the development is in accordance with the land use designation and the wider policy framework, and the proposed building is of a good design and layout. Furthermore, the proposals would not have significant adverse impacts upon public or private amenities, or parking and highway safety, and therefore would comply with the relevant planning policies listed. Accordingly, the application is, recommended for approval.
9.0 INTERESTED PERSON STATUS 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;
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(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 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. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 10.06.2024
Signed : Paul Visigah Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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