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The property subject of the application is 28 Albany Road. The property is a semi-detached located in an established residential area. The semi-detached properties have a small dwarf brick wall to the front with materials that matches the external finishes of the dwelling.
The applicant proposes to pave over part of the front garden and create a new vehicular access off Albany Road. The application includes the removal of part of the existing dwarf brick wall at the front of the property to create a 3.77 metre wide vehicular entrance.
The application site is located in a 'Predominantly Residential Area' in the Douglas Local Plan 1998 and is allocated in Selbourne Drive Conservation Area. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the determination of the application – General Policy 2 and Environment Policy 35.
General Policy 2 states the following:
"Development which is in accordance with the land-use zoning in the appropriate Area Plan and with other policies of the 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 adversely affect 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 adversely affect 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 the necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) is not on contaminated land or subject to unreasonable risk or 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. Environment Policy 35 states the following: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Planning Policy Statement 1/01 'Conservation of the Historic Environment of the Isle of Man' (Policy CA/2) states the following: "When considering proposals for possible development of any land or buildings which fall within a conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views in and out of the area; such issues should be given special consideration where the character or appearance of the conservation area may be affected."
There have been no recent planning applications submitted which are considered relevant in the determination of the application.
The Highways Division of the Department of Infrastructure have raised no objection to the proposed development subject to a condition: "The applicant shall contact the Network Operations Section of the Department of Transport [Department of Infrastructure] prior to carrying out any works within the highway, including the installation of dropped kerbs (Tel: 686665)."
Douglas Corporation has raised no objection to the proposed development.
The application site is located within a 'Predominantly Residential Area' in the Douglas Local Plan 1998 and Selbourne Drive Conservation Area. Given the nature of the proposed development it is therefore appropriate to assess the proposed development against the policies identified earlier within the report (i.e. General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007).
The proposal is to provide enough space for two off-street car parking spaces on the property's existing front garden and down the side of the existing house. The application includes the removal of part of the existing dwarf brick wall to the front of the property and creating a 3.77 metre wide entrance.
In terms of impact on highway safety, no opposition has been raised by the Highways Division of the Department of Transport [now Department of Infrastructure], subject to a planning condition for a dropped kerb, which is taken as evidence that the proposal should not cause undue harm to highway safety.
Although other properties within the immediate vicinity have received permission for the removal of the front walls to create off-street parking, some were granted permission before the area became a conservation area in September 2003. Furthermore, each of the sites are different to that proposed.
The application was approved as the Inspector concluded that the proposed development would have a 'neutral' effect - neither improvement nor harm. Furthermore, the Inspector considered that the precedent argument is not persuasive, given that the other half of the pair of semi-detached dwellings already has a vehicular entrance and this is a situation not replicated in Selbourne Drive.
The application site relates to a two storey attached property located on a corner plot. The application was permitted as the development retains a majority of the garden space and the application proposed to erect two traditional designed pillars, one either side of the entrance, which was viewed to be in keeping with the Conservation Area. However, when on site this development has not yet been constructed.
The subject property is within a Conservation Area - The Douglas (Selbourne Drive) Conservation Order 2003 which came into effect on 1st September 2003. In assessing the application extra consideration must be taken to retain and enhance the conservation area. It is considered that the introduction of vehicles into the front garden area, and the removal of the attractive boundary walling adjacent to the highway would have a detrimental effect on the streetscape and on the Conservation Area.
Precedent is also a matter of concern and it is considered that to allow this proposal would set up an unfortunate precedent for similar such interruptions in the roadside walling along Albany Road. Precedent applies where circumstances are identical and not just broadly similar. Given this, it is significant that the other half of this pair of semi-detached dwellings does not have a vehicular entrance. To allow the proposed development would encourage the neighbouring dwelling to do the same, and other semi-detached properties with attractive roadside walling along Albany Road which is considered to detract from the appearance of the streetscape and the buildings themselves.
The development is thus considered to have an adverse effect on the appearance and character of the Conservation Area and would not preserve or enhance the streetscape. The proposed development is thus recommended for refusal.
12 April 2010
09/02042/B
It is recommended that the application be refused for the above reasons.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 12.04.2010
R 1.
It is considered that the introduction of vehicles into the front garden area, and the removal of the boundary walling adjacent to the highway would be detrimental upon the pleasant street scene. The proposed development is therefore considered to have an adverse impact on the appearance and character of the Conservation Area and would thus be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made: Refused Date: ............................... Signed: ............................... Senior Planning Officer
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