59396

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                                      21/00995/B                                     Page  1  of  11

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00995/B Applicant : Headwall Ltd Proposal : Replacement of existing dwelling and workshop and with three dwellings including staff accommodation (in association with PA 21/00996CON) Site Address : 8 Derby Square Douglas Isle Of Man IM1 3LS

Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 25.10.2021 __

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. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows/balconies and shall be maintained as such thereafter;

South Gable Elevation - first floor Lounge

North and South Balcony - Fifth Floor (roof)

Balconies side elevations

Reason: In tern interests of neighbouring residential amenities.

C 3. The development (individual dwelling) hereby approved shall not be occupied or operated until the parking has been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking 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 in the interests of highway safety.

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C 4. Prior to the commencement of the development a scheme which shows the following shall be provided and shall be fully implemented prior to the occupation of any dwelling;

o swift nest brick installed high up under the balustrade of each of the new properties on the western elevation. Swift bricks can be substituted for normal building bricks and therefore the visual impact will be minimal; o Bat bricks are installed high up on each of the properties on the eastern elevation but as far away as possible from artificial light from windows. Bat bricks can be substituted for normal building bricks and therefore the visual impact will be minimal; and o Manx native tree species are planted in the front garden areas, details shall include a time scale for planting and type and height of tree to be planted.

Reason: In the interest of biodiversity within the site.

C 5. The development shall not commence until such times as plans, elevations and/or sections as appropriate at a scale of 1:20 have been approved in writing by, the Department in respect of: a) String course; b) Cornices; c) Front door, to include arched window above; d) Windows to the front elevation; e) Hood moulds; and f) Wrought Iron railings and gates.

The development shall be carried out in accordance with these details.

Reason: To ensure the details of the development are appropriate for the location.

This application has been recommended for approval for the following reason. The proposal would result in an enhancement to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received 15.09.2021;

12-01 REV 1 11-01 REV 1 12-02 REV 1 10-101 REV 1 10-01 REV 3 10-102 REV 1 10-100 10-02 REV 1 HLK/07/0107/2A

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Interested Person Status - Additional Persons It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations: Flood Management Division (DOI) Manx Utilities

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Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 SITE 1.1 The application site is the residential curtilage of Vine Villa, a traditional Victorian single storey dwelling sited on the eastern corner of Derby Square, Douglas.

1.2 Derby Square is characterised by its Victorian terraces to the four sides of the central green square. The majority of the properties are painted render with the varying degrees of architectural detailing, a result of alteration and to some extent, the differing approaches of its builders. In the main, the existing properties in the square are characterised as follows. The entrance door to the Ground Floor is arched headed, with a large format sliding sash window to the side, a heavy string course dividing ground and first floor which is modelled as the Piano Nobile with high sliding sash windows with heavy fluted surrounds and a smaller format sliding sash window at second floor. The eaves line is a heavily rusticated cornice. The architectural treatment does vary with 'ashlar' ruling in the render, cast iron balconies at first floor level and varying dormer formats.

2.0 PROPOSAL 2.1 The application seeks planning approval for the replacement of existing dwelling and workshop and with three dwellings including staff accommodation (in association with PA 21/00996CON).

2.2 The application follows a similar application which was recently approved for Replacement of existing dwelling and workshop with 3 new dwellings (21/00565/B). The applicants have stated:

"...the applicant has since received firm interest in the purchase of one of the proposed properties - the unit immediately adjacent to no. 10 Derby Square. The proposed purchase is dependent on the potential for staff accommodation being created for one of the buyers who is in poor health and requires live in care.

Such accommodation can be created by the demolition of the existing cottage unit (former garage) at the rear of no. 10. It is proposed that this former garage is replaced with a three storey, one bedroomed staff unit accessed from the rear lane but with a direct ground floor connection to the main dwelling."

2.3 The works also involve the demolition of the existing dwelling and outbuildings and dwelling (extant approval for demolition works is in place 17/01032/CON - expires 06.11.2021 - however a new Registered Building application has been submitted 21/00996/CON which now also includes rear dwelling on Derby Square Lane), and the erection of three five storey terraced buildings comprising rooms in the roof and basement. From the front elevation - Derby Square - the building appears as a three and a half storey building with rooms dormers within the roof where the dormers are. The basement level is not readily seen being below the road and footpath level.

2.4 The architectural approach is for a Victorian style building to mimic the traditional Victorian townhouses on Derby Square and very similar to the three properties which have been constructed by Hartford Homes (Nrs 1, 2 & 3 Derby Square) in recent years which are immediately to the east of the site. The features include ground floor bay windows and glazed arched doors at the front. There would be a string course at first/second floor levels and cornice at eaves level over which there would be a small balcony off the accommodation in the

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                                      21/00995/B                                     Page  4  of  11

roof. At the rear, the building would have a much more contemporary appearance with modern casement and fixed glazing. There would be balconies at first, second, third and four (roof level) for each dwelling; gaining views towards the sea and the bowling green below. Materials would be painted smooth sand cement render for the walls, cast stone copings, uPVC vertical sliding sash windows, and natural slate roof.

2.5 The proposals including the rebuilding of the boundary wall at the back of the footway at the front facing onto Derby Square. The existing section of natural stone wall will be removed and replaced with a new low wall rendered walling with black painted wrought iron railings.

2.6 Vehicular access to the rear integral garages (basement level) would be form the rear Derby Square Lane.

2.7 All the works proposed in paragraphs 2.1 to 2.6 have previously been approved. The only additionally works are the demolition of the existing two storey dwelling along Derby Square Lane and being replaced with a two/three storey building to accommodate the staff accommodation. This building will also be physically attached and linked to Nr 8 Derby Square.

3.0 PLANNING POLICY 3.1 The site is identified as being within a predominantly residential area by the Area Plan for the East 2020. The application site is within the Windsor Road Conservation Area designated in September 2003.

3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application.

3.3 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.'

3.4 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.'

3.5 Strategic Policy 4 states: 'Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbance.'

3.6 Strategic Policy 5 states: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'

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3.7 Strategic Policy 10 states: 'New development should be located and designed such as to promote a more integrated transport network with the aim to:

(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.'

3.8 Spatial Policy 1 states: 'The Douglas urban area will remain the main employment and services centre for the Island.'

3.9 Spatial Policy 5 states: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'

3.10 General Policy 1 states: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

3.11 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.'

3.12 Environment Policy 35 states: '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.'

3.13 Environmental Policy 39 states: 'The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.'

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3.14 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.'

3.15 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

3.16 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains Policy CA/2, which is considered specifically material to the assessment of this planning application.

Policy CA/2 - Special Planning Considerations states:

'When considering proposals for the possible development of any land or buildings which fall within the 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 into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.'

3.17 POLICY CA/6 Demolition states: 'Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole.'

3.18 Residential Design Guide 2019

4.0 PLANNING HISTORY 4.1 The following planning applications are considered relevant in the assessment and determination of this application:

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                                      21/00995/B                                     Page  7  of  11

4.2 21/00565/B - Replacement of existing dwelling and workshop with 3 new dwellings - APPROVED

4.3 Registered building application to vary condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with application 17/01031/GB) - 17/01032/CON - APPROVED

4.4 Variation of condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with registered building application 17/01032/CON) - 17/01031/GB - APPROVED

4.5 13/91226/B - Demolition of existing buildings and construction of four duplex apartments each with double garages (in association with 13/01227/CON) - APPROVED

4.6 13/01227/CON - Registered Building Consent for demolition of the existing buildings, as they are situated within a Conservation Area - APPROVED

4.7 08/01677/A - approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses.

4.8 02/02464/B - application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments.

5.0 REPRESENTATIONS 5.1 Highway Services initial sought additional information and to undertake a site visit. However, following amended plans Highways make the following summarised comments (20.09.2021): " The proposal is satisfactory in highway terms for Highways Development Control to raise no opposition subject to conditions to cover access as shown on drawing 10-102 and parking as depicted on drawing no: 10-01 rev 3."

5.2 Douglas Borough Council have no objection (24.09.2021).

5.3 Ecosystem Policy Officer (DEFA) have no objection subject to conditions regarding swift nest brick nest, bat brick boxes and Manx native tree species all being provided (01.10.2021).

5.4 The Flood Management Division (DOI) have comment that the proposals would result in a significant increase in impermeable area and therefore surface water runoff. The only public drainage system near the site is a combined sewer located in Derby Square Lane. The Applicant must demonstrate how surface water runoff from the proposals are to be drained into the combined sewer and provide confirmation from Manx Utilities Drainage that they are prepared to accept the additional flow. They seek additional information. (11.10.2021).

5.5 Manx Utilities in response to the above comments and discussions with the applicants have stated (25.10.2021): "I spoke with the Engineer about this scheme last week and confirmed that the current buildings at nos. 6-8 and all other properties in Derby Square currently drain into the combined sewer in this area.

As there is no alternative disposal route for the redevelopment of this site, Manx Utilities will therefore permit the discharge of surface water into the existing combined sewer on this occasion."

6.0 ASSESSMENT

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6.1 The assessment is broken down into the following separate elements that are considered in turn: (a) whether the site is a suitable location in principle for new residential development; (b) the effect of the proposal upon the character and appearance of the Conservation Area; (c) the effect of the proposal upon residential amenity of neighbouring properties; (d) potential impacts upon biodiversity; and (e) access and parking.

WHETHER THE SITE IS A SUITABLE LOCATION IN PRINCIPLE FOR NEW RESIDENTIAL DEVELOPMENT 6.2 The site is identified as being within a predominantly residential area by the Area Plan for the East 2020. It is situated in a reasonably central and sustainable urban location, with good access to shops, services, jobs and public transport. The proposal would make effective use of previously used land. In these regards, the proposal is considered to be particularly sustainable and these factors support the case for the redevelopment of the site. There are no reasons why, in a strategic sense, the principle of development on the site is inappropriate. It is also noted planning permissions is still extant for the re-development of the site with a block of four duplex apartments. The acceptability of the proposal should therefore turn on the consideration of the more detailed planning issues, which are dealt with below.

THE EFFECT OF THE PROPOSAL UPON THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA 6.3 Although all issues must be balanced against one another in the determination of a planning application, the effect of the proposal on the character and appearance of the Windsor Road Conservation Area is one of the key tests of the application, the requirements of which are outlined in Environment Policy 35 of the Strategic Plan. For reference, this policy reads: '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'.

6.4 In addition, Environment Policy 39 of the Strategic Plan and Policy CA/6 within Planning Policy Statement 1/01 both indicate a general presumption in favour of retaining buildings in Conservation Areas that make a positive contribution to the character and appearance of the Conservation Area.

6.5 However, significant material consideration exists that the applicants could undertake planning application 17/01032/CON today, which allows the demolition of existing buildings on the site. Accordingly, it has already been accepted that the existing buildings on the site can be demolished. The exception to this is the rear two storey dwelling, which has little in the way of architectural interest. Its loss does not raise concern. Additionally, there is no change in planning policy since 17/01032/CON or 13/01227/CON and there are no other planning policies which would result in a different determination on this matter.

6.6 The previous extant approval (17/01031/GB) for four duplex apartments had a similar design and style to what is proposed now. Application 21/00565/B is almost identical except to the works to the rear which would largely go unnoticeable from the Derby Square elevation/street scene. However; as previously considered and accepted, the new proposal (and 21/00565/B scheme) is considered to be an improved design; namely they are three dwellings, each with their own doorway and which follow the same design lines of the majority of Derby Square. The apartments while in the whole, followed similar lines, they did require four separate doorways off the front elevation, which wouldn't have been detrimental to the area, but would have been different to the uniformity found in the area. Accordingly, the traditional design to the front of the proposal and the three individual entrances to each property would be an improvement and be more in keeping. The rear elevation is very contemporary, but again this is now a common feature to the properties along Derby Square. The four duplex apartments also had a similar design. It is considered this style is also acceptable again.

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6.7 The works to the rear with a taller staff accommodation building as mention previous would not be a significant noticeable from the Derby Square elevation, with only limited views between the gable of Nr 8 and Nr 10 Derby Square. However, the proportion, form, size, design and finish are appropriate.

6.8 Overall, the physical design, mass, proportion, scale and finish of the proposed dwellings, it is considered the proposals would be acceptable within the street scene and an enhancement to the Conservation Area complying with General Policy 2 and Environment Policy 35 and the Residential Design Guide 2019.

THE EFFECT OF THE PROPOSAL UPON RESIDENTIAL AMENITY 6.9 The main issues to consider are the potential impacts in terms of loss of light, overbearing impact and/or overlooking resulting in a loss of privacy. The properties most likely to be affect would be Nr 3 Derby Square to the north of the site and Nr 10 Derby Square (apartments) to the south of the site.

6.9 In relation to Nr 3 the northern most dwelling of the proposals would run parallel with this property, with its gable wall facing Nr 3 gable wall. Accordingly, there would be no significant impacts to this property in terms of loss of light and/or having an overbearing impact. Given there are a number of balconies to the rear of the new dwellings, there can be concerns of overlooking. However, each of the balconies has adequate screening (side elevations) to prevent overlooking towards Nr 3. The closest proposed dwelling does proposes a total of six gable end windows; however, these serve hallways and would look directly at the gable end wall of Nr 3.

6.10 In relation to Nr 10 which appears to be used to accommodation apartments (within applicants ownership also); again the southerly most proposed dwelling would in the main runs parallel with the gable end of Nr 10. Further, the properties are to the north of Nr 10 and there is unlikely to be any significant amount of light lost (suns orientation east to west). The southerly most proposed dwelling would also have a total of five windows within its gable elevation which mainly face towards the gable of Nr 10. However, there is single lounge window (secondary window) which has direct views towards the neighbouring property Nr 10 (rear yard/parking area) and it is considered this window should be obscure glazed to prevent any overlooking. Again the balconies proposed have side screens which would prevent overlooking towards Nr 10.

6.11 There will be some impacts upon the occupants of Nr 10 by the replacement staff accommodation building which would be taller than the existing two storey dwelling. This will be on a similar footprint, but slightly taller. Its rear elevation will (as existing) have direct views to the side parking area of Nr 10 (communal parking area). The windows facing this area however, are not primary habitable rooms (hallway windows). While some light maybe lost, this would namely be over existing parking areas and would be during early morning periods only.

6.12 Overall, whilst the proposed development will have an impact upon neighbouring amenities (any development would), the impacts are not considered to be so great as to warrant refusal. The proposal therefore complies with General Policy 2 and the Residential Design Guide 2019 in relation to the impacts upon neighbouring residential amenities.

POTENTIAL IMPACTS UPON BIODIVERSITY 6.13 The proposal (as with previous schemes) will result in the loss of the front garden of the existing property and there will be fewer gardens associated with these dwellings. However, there are no planning polices changes since the last approval (IOM Strategic Plan) and it is considered the benefits of developing this site for three dwellings in arguably the one of the most sustainable locations on the IOM, overcome the concerns raised. Further, the

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recommendations by the Ecosystem Policy Officer as considered appropriate and can be conditioned to any approval. However, there is one exception to the recommendation and that is the wrought iron railings should be retained rather than replaced by a native hedgerow, given one of the main characteristics of the conservation area are the railings to the front of the properties.

ACCESS AND PARKING 6.14 In relation to parking standards the Isle of Man Strategic Plan indicates that two off road parking spaces are generally required for each dwelling. The proposal would only provide at least two off road spaces per dwelling as well as bicycle storage all within the garaging to the rear of the dwellings. Accordingly, the application accords with the parking standards of the IOMSP.

6.15 Highway Services have considered the parking requirements and access arrangements and have raised no objections to the application.

7.0 CONCLUSION 7.1 The proposal would result in an enhancement to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies set out in this report and therefore recommended for an approval.

8.0 INTERESTED PERSON STATUS 8.1 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; (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.

8.2 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

8.3 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:...01.11.2021

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Signed :...J SINGLETON... 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 See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.