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The site comprises part of the residential curtilage of "Brae Villa", a detached dwelling standing on the south-west side of Tromode Road with a frontage of around 37m. It is approximately 100m from
Quarterbridge Road in a residential area containing a mixture of house types. The well wooded site slopes steeply away from the road frontage with the majority of the garden where the development would be located significantly below the ground level of 'Brae Villa'. To the north-west of Brae Villa is 'Tree Cassyn' and to the rear a new dwelling has been constructed whose restricted curtilage abuts the application site.
The application is seeking permission for the erection of a two storey dwellinghouse with integral garage. The footprint of the dwelling will be . The height of the dwelling will be 7.8 m to the ridge. The dwelling will have a smooth cement render finish which will be painted. The roof of the dwelling will either be slate or a slate like roof material.
On the Douglas Local Plan, the site falls within an area zoned for Predominantly Residential use. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 42, Housing Policy 6, Transport Policies 4 and 7.
Environment Policy 42 states 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. 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."
Housing Policy 6 states that "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Transport Policy 4 states that "The 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."
Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The following previous planning applications are considered relevant in the assessment and determination of this application:
08/00421/A - Approval in principle to erect two detached dwellings in garden of Brae Villa - refused at appeal on 21st October 2008.
The reason for refusal given by the Planning Authority was as follows: "The proposed development would be contrary to General Policy 2, Environment Policy 42 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that the development of this backland site would result in the overdevelopment of the site within an area which is relatively well spaced out and would not provide an adequate residential environment for the future occupiers of the site. Furthermore, any development would result in overlooking reducing the residential environment for the future occupiers of the proposed dwellings and the existing dwelling of Brae Villa."
The Independent Inspector agreed that the proposal would represent an over-development of the site and the Deputy Minister concurred with the Inspector's recommendation.
07/01101 - Approval in principle for a residential development with associated parking to replace existing dwelling - refused at appeal 10th January 2008
06/00534/A - Approval in principle for the erection of block of ten apartments with associated basement parking facilities to replace existing dwelling - refused on 3rd July 2006.
04/00105/A - Approval in principle for the erection of two residential buildings of up to ten apartments each, and parking to replace existing dwelling - Refused at review on 6th May 2004.
Douglas Corporation has not commented on the application. Highways Division of the Department of Transport have not objected to the application. The occupiers of No. 9 Tromode Road are concerned about the following issue: a) parking for the development and the occupiers of Brae Villa, b) increase in drainage load, c) overlooking/loss of privacy from the thinning out of the existing trees, d) whether the dwelling cause any problems to roots of the trees and hedges, and e) traffic problems from two lanes of traffic getting onto Tromode Road.
The occupiers of Tromode Lodge are concerned about the following issues: a) the removal of a large mature poplar tree and the close proximity of the dwelling to other boundary trees, b) the roots of the tree would undermine the foundation of the proposed building and cutting the foundation would probably kill the tree, c) overlooking and loss of privacy, and d) drainage.
A resident from Port Soderick considers this is probably the most acceptable proposal made so far. Standard comments have been received from the Drainage Services Manager of Douglas Corporation.
The application site is located within an area zoned as predominantly residential in the Douglas Local Plan 1998 and therefore, the proposed development would be compatible with the land use designation within the Local Plan. The principal issue here is whether the site can accommodate a further dwelling on the site.
The application is proposing to partition the grounds of Brae Villa retaining garden around the existing dwelling and develop the remaining part of the site with a two storey dwelling. The development site is located to the rear of Brae Villa and is backland in nature.
In respect of the impact on Brae Villa, the proposed development is set to the south of Brae Villa. There is level change from the Brae Villa to the development site of 3 m . The dwelling would be set approximately 4.6 m away but tapers away from Brae Villa to give a separation distance of 9.2 m . The application is proposing to erect a 2 m fence along the boundary line, which the proposed dwelling will project approximately 3 m above the new boundary fence. The occupiers of Brae Villa would be directly looking onto the gable end of the new dwelling. The gable end of the proposed dwelling will not contain any windows so as to prevent any overlooking from occurring. It is considered the proposed development would not adversely affect the residential amenity of Brae Villa from overlooking, overshadowing, loss of light and loss of privacy due to the level change between the two sites.
The proposal will result in a substantial reduction in the amount of private amenity space for the occupiers of Brae Villa; however, it should be noted that the applicants are the owners of the Brae Villa. It is considered, on balance, that the remaining amount of private amenity space for Brae Villa would not reduce the residential environment of Brae Villa to an unacceptable level as to warrant a refusal
In respect of the private amenity space for the new dwelling, the proposal would provide adequate amount of amenity space for the future occupiers of the new dwelling.
The application is proposing to use the existing driveway that runs past Brae Villa. Users of this drive may cause some noise and general disturbance to the occupiers of Brae Villa; however, the vehicles would not pass to closely to the existing dwelling. Furthermore, as stated above, the occupiers of Brae Villa are the applicant which indicates that they are agreeable to the proposed arrangement. On balance, it is considered the proposed access would not be detrimental to the amenity of the existing dwelling.
In respect of the impact on trees, it should be noted that the dwelling will not encroach into the canopies of the trees to be retained. This will ensure the long term viability of the retained trees is not compromised. Furthermore, it is recommended that a condition be attached to any permission requiring a tree protection scheme to be submitted prior to the commencement of any works on the site so as to ensure the retained trees are protected during the construction phase of the dwelling.
It should be noted that the proposal will result in the loss of 5 conifer trees within the site so as to accommodate the footprint of the dwelling and the garden area. These trees are not any particular importance and there removal will not adversely affect the visual amenities of the locality.
On balance, it is considered the proposed layout would provide a satisfactory residential amenity for the future occupiers of the proposed dwelling and the occupiers of Brae Villa.
In respect of the impact on Tromode Lodge, the application site is set to the east of the neighbouring property. The proposed dwelling will be set 19.4 m away at its nearest point. There are substantial landscaping between the proposed dwelling and that of Tromode Lodge. These landscaping features are being retained as part of the development. This will help to reduce any impact in terms of overlooking and loss of privacy to the occupiers of Tromode Lodge.
The site is at that part of Tromode Road where the character is changing from the suburban housing east of the site to the green, open space of the playing fields and Port e Chee Meadow. The leafy space around the existing house contributes to this generally attractive character. The building now proposed would be set to the rear of the site; however, in order to achieve the required visibility splay, it is proposed to remove 11 substantial conifer trees from the front boundary and two conifer trees on the corner of the existing access. This would expose the part of the existing dwelling and part of the front elevation of the new dwelling to views from Tromode Road; however, the agent have provided a plan showing a 1 m high close boarded fence will be erected along the back of the proposed visibility splay. The area between the fence and the boundary wall will be landscaped with shrubs, which will not exceed 1 m in height so as not to impinge on the visibility splay. The proposed landscaping may not actually help top obscure the proposed fencing. In terms of its appearance from the road, the site will become partially open in character; however, the proposal will also retain a number of trees along the front boundary. The visual impact of the proposed work along the front boundary is finely balanced, in terms of it changing the general appearance of the site within the area. It is considered, on balance, that the proposal will cause some harm to the visual amenities of the locality due to the removal of a number of conifer trees along the front boundary; however, not to a degree where a refusal would be warranted.
Tromode Road is a local distributor road which feeds the primary and district networks. The Highways Division of the Department of Transport had previous commented they did not oppose the previous application subject to the existing access being widened and that a 2 m by 90 m visibility splay was provided. However, it should be noted that this current application is proposing a 2 m by 36 m splay in the northwest direction from the proposed access and a 2 m by 90 m splay towards Bray Hill. The applicant has indicated that the visibility splay to the left of the exit would be reduced to maximum 1.05 metres in height. The Highways Division of the Department of Transport do not oppose the application. It is considered that the proposal will not be prejudicial to highway safety.
It is recommended that planning permission be granted subject to conditions in the attached schedule.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupiers of No. 9 Tromode Road have commented on matters which are a material consideration. Furthermore, they where granted party status on a previous application on the site. It is therefore considered for these reasons they should be afforded party status in this instance.
The occupiers of Tromode Lodge have commented on matters which are material considerations and they are an adjoining landowner to the application site. It is therefore considered that they should be afforded party status in this instance.
Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06.
In summary, 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:
Douglas Corporation Highways Division of the Department of Transport The occupiers of No. 9 Tromode Road The occupiers of Tromode Lodge Accordingly the following parties are not afforded interested party status: Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick
Recommended Decision: Permitted
Date of Recommendation: 05.05.2009
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This permission relates to the erection of dwelling as shown in drawing numbers HLK/09/0101/1, HLK/09/0101/2, HLK/09/0101/3 and HLK/09/0101/4 date stamped 3rd February 2009, HLK/09/0101/8.
C 3. Before the access is first used, a 36 metre by 2 metre by 90 metre visibility splay must be provide in accordance with the approved drawings and at all times thereafter nothing in the visibility splay shall exceed 1.05 metres in height.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
C 5. No existing tree indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped, or uprooted without the written consent of the Planning Authority. Any such tree removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
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 has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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