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15/00856/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00856/B Applicant : Broompark Ltd Proposal : Erection of a dwelling with parking (amendment to PA 12/00409/B) Site Address : Land To Rear Of Bay View 38 Victoria Road Douglas Isle Of Man IM2 4HE
Case Officer : Miss Melissa McKnight Photo Taken :
Site Visit : 25.08.2015 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFFERED TO PLANNING COMMITTEE AS THE PREVIOUS PLANNING APPLICATION WAS DETERMINED BY PLANNING COMMITTEE
1.0 THE APPLICATION SITE
1.1 The application site is a parcel of land located to the south east of Bay View which has been converted into self-contained flats, located on the south western side of Victoria Road. The site also immediately adjoins the curtilage of 11 Woodville Terrace which has also been converted to flats. The site is accessed via the lane which runs between the rear of Woodville Terrace and the rear of properties which front onto Victoria Road.
1.2 On a site visit, it was noted that the site is used for parking of vehicles although it was not clear whether these were owned by persons residing in the flats of Bay View. The site is not accessible from Woodville Terrace where a rendered wall defines the boundary.
2.0 THE PROPOSAL
2.1 This application seeks approval for the erection of a two storey dwelling on the site comprising amendments to the house type approved under PA 12/00409. The difference between the dwelling under this scheme over the previous scheme is the inclusion of a basement floor plan and the erection of a two storey outrigger on the western elevation that would provide a boiler room at ground floor and larder at first floor.
2.2 The property would be accessed via the rear land although it is proposed to create a pedestrian access within the wall which faces onto Woodville Terrace. The submitted drawings show that part of the building would be attached to the side elevation of 11 Woodville Terrace. Three car parking spaces are proposed to be created to the rear of the proposed dwelling.
2.3 The design of the building takes inspiration from the buildings on Woodville Terrace having clear references to their Victorian architecture, particularly the front elevation which would be characterised by the use of a double height central bay and vertically proportioned windows. The building would however be significantly lower than and would be set at an
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15/00856/B
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angle to the terrace. A pitched roof dormer on the front elevation would provide access onto a balcony.
2.4 Internally the building would provide accommodation consisting of three ground floor bedrooms and a bathroom. The first floor would contain a lounge and kitchen with breakfast area whilst the roof space would contain a study, games room and eaves storage. The entrance door to the property would be in the side elevation. A garden area would be provided in the south eastern end of the plot.
3.0 PLANNING HISTORY
3.1 As previously mentioned, planning approval was granted in 2012 under PA 12/00409/B for the erection of a dwelling. The difference between the current and previous scheme has been set out above.
3.2 Planning approval was sought under PA 08/01065/B for the erection of a dwelling. This previous planning application was refused for the following reasons:
R 1. The proposed development would be contrary to General Policy 2, Housing Policy 6 and Environment Policy 42 of the Isle of Man Strategic Plan 2007 by reason of its siting, design and external appearance in that it:
(a) would not respect the character and identity of the buildings within the immediate locality and would be detrimental to the visual amenities of the locality; and
(b) would adversely affect the outlook, the privacy and the amount of private amenity space for the existing occupiers of No.38 Victoria Road resulting in a poor residential environment for the existing occupiers of No.38 Victoria Road.
R 2. The proposed development would be contrary to General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2007 in that the rear lane which would provide vehicular access to the site is inadequate for this purpose.
R 3. The proposed development would be contrary to General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007 in that the proposed car parking provision is inadequate to the needs of the development and the existing occupiers of No.38 Victoria Road which would lead to increased on street parking within the locality.
3.3 Approval in principle was sought for the erection of four mews dwellings with parking, in gardens to rear of 38/40 Victoria Road. This application was refused for the following reasons:
R 1. The proposed dwellings would have an adverse effect on the outlook from, and the privacy and general environment of nearby dwellings (including Number's 38 and 40).
R 2. The rear lane which would provide vehicular access to the site is inadequate for this purpose; the restricted parking arrangements and the space for turning vehicles would be inadequate.
R 3. There is not at this time an adequate supply of fresh potable water to serve the proposed development.
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R 4. An approval would establish a precedent for further such unsatisfactory development.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is located within an area zoned as Predominantly Residential under the Douglas Local Plan 1998.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains seven policies that are considered materially relevant to the assessment of this current planning application:
Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
General Policy 2 states: "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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
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Environment Policy 42: "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 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
Transport Policy 4 states: "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: "The Department will require that in all new development, parking provision must be in accordance with the Departments current standards."
Appendix 7 sets out the parking standards for different types of development. For typical residential: "2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."
5.0 REPRESENTATIONS
5.1 Douglas Borough Council has no objection to the current planning application (19/08/2015).
5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (13/08/2015).
6.0 ASSESSMENT
6.1 The planning approval granted under PA 12/00409/B is still extant and could be erected however no development has commenced and therefore the application should be assessed afresh.
6.2 The key issues to be assessed in the determination of this application are the impact of the proposed development upon the visual amenity of Woodville Terrace and the effect of the proposed development upon the residential amenity of residents of the apartments of No. 38 Victoria Road.
6.3 As previously mentioned, the design of the proposed dwelling is largely traditional, having Victorian detailing, particularly the eastern elevation, which would be sympathetic to the dwellings of Woodville Terrace and other surrounding properties.
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6.4 Whilst the rear two storey outrigger is not overly attractive, it would not be visible within the street scene and is therefore deemed acceptable in this instance.
6.5 In terms of private amenity space, the scheme would provide a yard of around 10 m by 10 m which is deemed acceptable. The surrounding area is characterised by terraces of Victorian properties, with some that are built the full length of the plots with minimal, or in some cases no amenity space. What can be achieved under this scheme is acceptable given the size and location of the plot.
6.6 It is considered that the proposed dwelling would not have an unacceptable impact upon the street scene of Woodville Terrace and it is therefore judged that the proposal accords with the provisions set out in General Policy 2 and Environment Policy 42.
6.7 The proposed dwelling would not be visible from Victoria Road and would therefore have a minimal impact upon the street scene of Victoria Road or public amenity in general.
6.8 Turning to the impact upon the amenity of No. 38 Victoria Road, the Department usually use a 20 metre separation distance between glazing to glazing as guidance regarding privacy. The proposed dwelling would be approximately 20 metres from the rear of No. 38 Victoria Road and therefore the proposed dwelling is not considered to cause undue harm upon the residential amenity of No. 38 Victoria Road.
6.9 In respect of the car parking provision for the new dwelling houses, Transport Policy 7 of the Isle of Man Strategic Plan states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." This requires two off road parking spaces for each dwelling. The plan shows that three parking spaces can be accommodated to the rear of the dwelling and would therefore accord with the provisions set out in Transport Policy 7.
7.0 RECOMMENDATION
7.1 It is judged that the application meets with Strategic Policy 1 and 2, General Policy 2, Housing Policy 4, Environment Policy 42 and Transport Policy 4 and 7. Accordingly the application is considered to be acceptable and is recommended for approval.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.
9.0 PLANNING COMMITTEE SUPPLEMENTARY REPORT
9.1 The planning application was presented at Planning Committee on Monday 7th September 2015.
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9.2 During discussions the Highway Officer requested a condition be attached to the approval that ensured the parking area to the rear of the proposed dwelling as shown on DRG No B/773/1(A) remained free of obstruction at all times.
The parking area to the north of the dwelling hereby approved shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
9.3 The wording of paragraph 6.6 was also discussed. It was resolved that acceptable should read unacceptable. This has been amended accordingly.
9.4 It should also be noted at this point that the report presented to Planning Committee stated that a site visit and photos were taken on 25/10/2015, this should read 25/08/2015. This has been amended accordingly.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.09.2015
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The parking area to the north of the dwelling hereby approved shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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This approval relates to DRG No B/773/1(A) and B/773/2(A) date stamped as received 29th July 2015.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...PER... Committee Meeting
Date:...07.09.2015
Signed :...M MCKNIGHT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
Signatory to delete as appropriate YES/NO
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