Planning Officer Report 8 June

provisions is due to the congestion along Castle Mona Avenue which is a long cul-de-sac road. These are terraced properties which have no provisions for off street parking and therefore the on street parking is in high demand. Whilst the Department would in some cases encourage the creation of off street parking this particular scheme does raise a number of issues. As with Castle Mona Avenue, Woodville Terrace also has high usage and high demand from on street parking (no off street parking provisions) and therefore I have concerns with the application with the increased traffic movements to an already very congested area, which would be caused by the proposal and any other future similar proposals, and would therefore have a detrimental impact on the residential amenity of the residents of Woodville Terrace. The objection from the Department of Transport Highways Division is also an additional concern, regarding the application not providing structural assessments of the proposed works to ensure the structural stability of the existing retaining wall will continue to support the public highway and the proposed parking bay. This concern has also been commented on by a number of representations we have received. For these reasons the proposals would seem inappropriate in this location and therefore my recommendation is for a refusal. I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- - The Douglas Corporation - The Department of Transport Highways Division - Chief Fire Officer - Miss F.E. Doods - Flat 1 Tara Court, 5 Woodville Terrace - T. Hodgkinson & (residents) - Frankville Court Ltd, 1-2 Woodville Terrace - Hilary Veevers & Dave Wilson - Frankville Court Ltd, 1-2 Woodville Terrace - Judith Hunt (6 Beach Road, Penarth, CF64 1JX, UK) - 49 Castle Mona Avenue - P. Dwyer - 51 Castle Mona Avenue - Mr Ken Brownless - Apartment 2, 5 Woodville Terrace Hon R P Braidwood MHK should not be afforded party status in this instance. Suggested change. As with Castle Mona Avenue, Woodville Terrace also has high usage and high demand for on street parking, there being no off street parking provisions. I have concerns that the increased traffic movements proposed in an already very congested area, and any other future similar proposals, would have a detrimental impact on the residential amenity of the residents of Woodville Terrace. ## Planning Report And Recommendations {{table:130585}} {{table:130586}} {{table:130587}} {{table:130588}} ### Considerations ### Written Representations ### Consultations

Officer's Report

Site

The site proposed is to the rear of Viking House and 47 Castle Mona Avenue and would run along on the south-eastern side of Woodville terrace.

The site has been zoned under the Douglas Local Plan order 1998 as being within a predominately residential area. The site is not within a Conservation Area.

Proposal

The application proposes the creation of a parking bay off Woodville Terrace. The proposed parking bay would provide two off road parking provisions which would be created by a cantilevering style structure, which projects 3 metres out from Woodville Terrace. The structure would have an overall length of 12.2 metres, which has been indicated in the submitted plans as being within the applicant's curtilage. Around the parking bay would be a 1.1 metre high wall (rendered block work).

Access from the proposal to Viking House would be via a new external staircase which runs down through the rear garden.

Representations

The Douglas Corporation have considered the application and have no objection.

The Department of Transport Highways Division have an objection on the grounds that:-

The planning application does not provide structural assessments of the proposed works to ensure the structural stability of the existing retaining wall will continue to support the public highway and the proposed parking bay.

Chief Fire Officer has recommended that the Applicant consult with Fire Safety Department re: access for Fire Service Vehicles.

We have received a number of objections from local residents:-

The resident of Flat 1 Tara Court, 5 Woodville Terrace, has objected

• that there is little enough space to park without this.
• Value of property reduced.

The residents of Frankville Court Ltd, 1-2 Woodville Terrace objected on the following grounds:-

• There is already too many cars parked on it both in the evening and during the day, many people park their cars and then walk to work in Douglas. The parking bays would be additional contract vehicles and would increase chance of damage being done to the parked cars.
• We believe the embankment is made of clay, any extra weight especially during wet weather would put tremendous pressure on the adjoining road and cause subsidence and damage to our entire Terrace.

• If the application is successful could prompt other residents of Castle Mona Avenue to embark on similar schemes which would spoil views that we have of Douglas Bay and therefore reduce our value of our properties.

Additional to these points Hilary Veevers and Dave Wilson (residents of 1-2 Woodville Terrace) have made the following points:-

• Removal of fairly mature trees would be required, the root structure of these trees keeps the embankment more or less stable. Removal would increase the risk of subsidence.
• Nearby examples of landslips.
• Would severely disrupt access / exit of legal permit holder’s vehicles and greatly increase the risk of them being damaged. Access problems for emergency access to the southern most properties on Woodville Terrace.
• Views from our property would be interrupted by the proposal, reducing the value of the property.

The owners of 49 Castle Mona Avenue objects on the grounds:-

• The terrace is very narrow with no turning areas for cars. Any intensification of use in the area will increase the potential for damage to parked cars and further difficulties.
• Embankment is composed of clay; any extra weight could cause it to collapse with consequent damage to the properties on the terrace.
• Possibility of opening up the public footpath between Castle Mona Avenue and Woodville Terrace will be inhibited. The Ramblers Association has been trying for many years to have this footpath opened.

The residents of 51 Castle Mona Avenue have not objected to the proposal but have made a number of points commenting on the proposal.

Resident of Apartment 2, 5 Woodville Terrace objects:-

• Loss of amenities by cutting down mature trees and also road traffic conditions in Woodville Terrace.

We have received a letter of objection from Hon R P Braidwood MHK who writes in support of his constituents in opposing the Planning Application:-

• The work to install the concrete foundation would contribute to undermining the ground conditions which have, in the past, been susceptible to landslip.
• The parking bay utilises the old footpath which was closed many years ago because of its condition, through subsidence, by a Tynwald Order. The ownership of this path will have to be established to see whether it belongs to the applicant or other properties in Woodville Terrace.
• The terrace is a cul-de-sac where parking is a premium with less space than the number of vehicles. The manoeuvring of vehicles is difficult because of the restrictive nature of the road.
• The proposed parking bay would be opposite parked vehicles and, I believe it would be difficult to negotiate as it would have to be parallel parking.
• The proposal would create a dangerous precedent, not only for the residents of Woodville Terrace, but also for the residents of Castle Mona Avenue.

The residents of Flat 5 Tara Court, 5 Woodville Terrace, have the following concerns:-

• The two parking spaces will require access from Woodville Terrace, which will cause even more congestion on a very tight parking area. Increase in possible accidents.
• The remove of trees for the proposal will increase the possibility of land slides, which has happened in the past.
• Concerned that the spaces could be used other than parked cars i.e. oil or gas lorries, which could cause safety issues.

Assessment / recommendation

The reasoning behind the proposed creation of parking bays to create off road parking provisions is due to the congested along Castle Mona Avenue which is a long cul-de-sac road. These are terraced properties which have no provisions for off street parking and therefore the on street parking is in high demand. Whilst the Department would in some cases encourage the creation of off street parking this particular scheme does raise a number of issues.

As with Castle Mona Avenue, Woodville Terrace also has high usage and high demand from on street parking (no off street parking provisions) and therefore I have concerns with the application with the increased traffic movements to an already very congested area, which would be caused by the proposal and any other future similar proposals, and would therefore have a detrimental impact on the residential amenity of the residents of Woodville Terrace.

The objection from the Department of Transport Highways Division is also an additional concern, regarding the application not providing structural assessments of the proposed works to ensure the structural stability of the existing retaining wall will continue to support the public highway and the proposed parking bay. This concern has also been commented on by a number of representations we have received.

For these reasons the proposals would seem inappropriate in this location and therefore my recommendation is for a refusal.

I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-

• The Douglas Corporation
• The Department of Transport Highways Division
• Chief Fire Officer

• Miss F.E. Doods - Flat 1 Tara Court, 5 Woodville Terrace
• T. Hodgkinson & (residents) - Frankville Court Ltd, 1-2 Woodville Terrace
• Hilary Veevers & Dave Wilson - Frankville Court Ltd, 1-2 Woodville Terrace
• Judith Hunt (6 Beach Road, Penarth, CF64 1JX, UK) - 49 Castle Mona Avenue
• P. Dwyer - 51 Castle Mona Avenue
• Mr Ken Brownless - Apartment 2, 5 Woodville Terrace

Hon R P Braidwood MHK should not be afforded party status in this instance.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 08.06.2006

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Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions

R : Reasons for refusal

• : Notes attached to refusals

R 1. The planning application does not provide structural assessments of the proposed works to ensure the structural stability of the existing retaining wall will continue to support the public highway and the proposed parking bay.

R 2. The proposed car bays would have an adverse effect on the residential amenity to the detriment of the residents of Woodville Terrace and would set a precedent for further built development along the edge of the road.

N 1. Disputes regarding land ownership, which has been commented on with regard to the proposal being built on/over the old footpath, are not Material Considerations with regard to Planning matters, but a civil matter between the relevant parties.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date : 3/6/05

Signed : M. I. McCauley Director of Planning and Building Control