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Application No.: 09/00252/B Applicant: Borough Of Douglas Proposal: Erection of a dwelling to replace existing storage building Site Address: Orry Street Formerly Known As 11 Orry Street Douglas Isle Of Man IM1 1BW ### Considerations Case Officer : Mr Ian Brooks Photo Taken: 02.04.2009 Expected Decision Level: Senior Planning Officer ### Written Representations 2 Orry Street Douglas Isle Of Man IM1 1BW Objects to the proposal ### Consultations Consultee : Drainage Services Manager Notes: No objection Consultee : Highways Division Notes: Do not oppose. 18.03.09 - do not oppose. Consultee : Douglas Corporation Notes :
The application site represents the curtilage of 15 Orry Street which is formerly known as 11 Orry Street which is a two storey warehouse building located at the north end of five properties. The site has a lane which runs along its north western and south western (rear) boundary which backs onto 9 Parr Street and the plot gradually narrows from the front to the rear.
The planning application seeks approval to demolish the existing two storey warehouse and replace it with a two storey property which would be approximately 1 m shorter than the existing building. The
proposed property would be a relatively standard pitched roof design with uPVC windows / doors, smooth painted render, slate roof and new fascias and soffits.
The proposed dwelling would follow the existing footprint of the building with 6.1 m to the rear is left to provide space for a backyard.
The application site is located within an area of "Predominantly Residential Use" under the Douglas Central Local Plan, adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant - General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
Environmental Policy 42 states: "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. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
The property is located within the Urban Regeneration Study Area and Environment Policy 43 is considered relevant and states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition".
There are no previous planning applications to be considered in the assessment and determination of this application.
Douglas Corporation has not commented on the proposed application. The Department of Transport Highways Division do not oppose the development. Drainage Department of Douglas Borough Council has no objection in principle subject to the Douglas Borough Council acts as the Drainage agent for the Department of Transport, under the Sewerage act 1999. As illustrated as part of the above application, the surface and foul water drainage from the new dwelling must be separated and combine at the curtilage boundary at the rear of the property into the existing drainage lateral connection. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.
The owners and / or occupiers of 2 Orry Street (Mr \& Mrs S Clennell), Douglas have lodge an objection to the proposal. The objectors are looking for assurances that the dirt, noise and increase traffic from the proposed works be limited and that care to be taken to ensure the least possible amount of disruption will occur. The objectors are of the opinion that the property should be demolished and rebuilt as the property has damp, a probable insect infestation, fire damage and water proofing problems. The objectors feel that the current parking situation is not sufficient and residents are currently struggling and with future residents of the property possibly having cars the situation would escalate and the best solution would be to demolish the property and rebuilding it to provide off street parking.
The main issues to be considered in the assessment of this application are whether the proposal would comply with General Policy 2 and Environmental Policy 42 of the Strategic Plan.
The proposed development would respect the site and surroundings in terms of the siting, scale, form and design. The property would be set on the same footprint as the existing building and the scale and architecture of the dwelling takes inspiration from 5 Orry Street and a number of properties within the vicinity. Within General Policy 2 it requires developments to protect the character of the surrounding landscape or townscape and with the development now proposed representing an improvement over the existing derelict (formally a tile store) building, it is judged that what is proposed would enhance the character significantly. At present there are a variety of different styles and sizes of properties along the terrace and the introduction of the proposed dwelling which would be more proportionate and more aesthetically pleasing than the existing which would be in keeping with the character of the locality.
In terms of amenity, it is judged that there would be no unacceptable overlooking arising from the proposed dwelling given the mutual degree of overlooking there at present and that there are a number of windows which have obscure glazing on the side and rear elevations to limit this concern. It is also considered that the there is sufficient separation between the proposed dwelling and neighbouring properties to prevent loss of light or any unacceptable impacts upon existing residential amenity.
In terms of Environmental Policy 42, it is considered that the proposed development takes account of the particular character and identity of the immediate locality by responding to the existing built form of the properties on Orry Street and the adjoining Allan Street.
The following issues were raised by 2 Orry Street (Mr \& Mrs S Clennell). 8 April 2009
As the property is located within the Urban Regeneration Study Area, Environment Policy 43 of the Isle of Man Strategic Plan encourages the re-use of sound built fabric rather than demolishing the dwelling but in this circumstance the building is beyond repair. As such demolishing the building to regenerate the run down property is best practice in this situation.
It is acknowledged that there are increased parking problems within inner Douglas but this does not warrant a refusal as the property is an existing building and future occupiers of that property are entitled to park on the street the same way that current residents can.
The issue regarding the dirt, noise and increase traffic from the proposed works would only be temporary during the construction of the refurbishment works and are not planning issues which can not be controlled by the Department.
As a result, the proposed refurbishment work would be more in-keeping with other properties located within the vicinity and would be in accordance with the relevant policies previously stated without adversely affecting the character of the building or the surrounding area in general.
RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 06.04.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
8 April 2009
C 2. This approval relates to the submitted drawings P 05, P 06 Rev A and Photogrpahs all received on 17th February 2009, Email from McGarrigle and Jackson dated 8th April 2009.
C 3. The windows to be formed at the first floor level in the north west facing elevation of the proposed dwelling shall only be glazed or re-glazed with obscure glass.
C 4. Before the development hereby permitted commences on the site, a soil survey of the site shall be undertaken and the results provided to the Planning Authority. The survey shall be taken at such points and to such depth as the planning authority may stipulate. A scheme for decontamination of the site shall be submitted to and approved by the Planning Authority in writing and the scheme as approved shall be fully implemented and completed before the dwellinghouse hereby permitted is first occupied.
C 5. Prior to the commencement of works, details of the paint finish for render must be submitted to and approved in writing by the Planning Authority and thereafter the works shall be carried out in accordance with the approved details.
C 6. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 14/4/9 Signed : 11/11/11 Senior Planning Officer
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