2 March 2022 · Delegated - Principal Planner
Plot To Rear Of Greenmantle, Dreeym Beary, Douglas, Isle Of Man, IM2 5lq
The proposal involved building a new detached single dwelling on a rear plot in a residential area of Douglas. Key features included specific visibility splays for highway safety, obscure glazing on the first-floor bathroom window to protect neighbour privacy, and requirements for landscaping details.
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The decision notice states that 'the application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and Residential Design Guide.' This indicates the proposal w…
General Policy 2
General Policy 2 of the Strategic Plan sets criteria for assessing development proposals. The officer considered the application compliant, with conditions ensuring highway safety, amenity protection, and landscaping met policy tests. No specific tensions noted.
Transport Policy 7
Transport Policy 7 of the Strategic Plan addresses access and highway safety. Compliance achieved through conditions requiring constructed vehicular access, visibility splays per drawing 010 Rev F kept clear of obstructions over 1050mm. This tipped the balance for approval.
Time limit
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.
Vehicular access construction
The development hereby approved shall not be occupied until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
Visibility splays
The visibility splay(s) identified on drawing 010 REV F shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
Obscure glazing
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter; South Eastern Elevation (gable) - first floor (Bathroom window) as shown on drawing 100 Rev E as having been received on 8th September 2021. Reason: In the interests of neighbouring residential amenities.
Highway Services raised no objection after revisions to access and bicycle parking; DEFA Ecosystem Policy Officer supported with a condition for native planting; Douglas Borough Council had no objections; local residents from Sundown and Ty-Siriol objected to the two-storey house design as out of character with the bungalow-dominated area.
Key concern: house design out of character with bungalow street scene and dominating skyline
Department of Infrastructure Highway Services
Conditional No ObjectionThe proposal has provided a visibility splay of 2.4m x 25m in both directions, with the splays contained wholly within the highway. This is an acceptable level of visibility for a residential road subject to a 20mph speed limit.; Highway Services request justification for the open frontage access to the dwelling rather than a single access point.
Conditions requested: S109(A) Highway Agreement post planning consent; justification for open frontage access or amend to single access point of minimum width 3.4m; increase bicycle storage to one space per bedroom
Department of Infrastructure Highway Services
Conditional No ObjectionHighway Services request that the proposal is again revised to show either of the accesses retained with the other closed up, to provide only one access point to the dwelling.
Conditions requested: alteration to provide only one access point; S109(A) Highway Agreement post planning consent
Department of Infrastructure Highway Services
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all vehicular access arrangements to accord to drawing No. 10 Rev F.
Conditions requested: all vehicular access arrangements to accord to drawing No. 10 Rev F; S109(A) Highway Agreement post planning consent
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
DEFA Ecosystem Policy Officer
Conditional No ObjectionThe Ecosystem Policy Team are really pleased to see the inclusion of 2 swift nest boxes on the side elevations of the proposed new property.; should this application be approved, we request that a condition is secured for all tree and shrub planting to be undertaken with Manx native species.
Conditions requested: all tree and shrub planting to be undertaken with Manx native species
The original application for erection of a detached dwelling (PA 21/01063/B) was approved by a Principal Planner on 02-03-2022 following officer recommendation, complying with GP2, Transport Policy 7, and Residential Design Guide. Third-party neighbours (owners of Ty Siriol, Sundown, and plot rear to Ty Siriol) appealed on grounds of excessive height, out-of-character design in bungalow area, harm to street scene, character, and amenity. The applicants and Department defended the proposal as fitting the mixed residential estate, respecting topography, and providing a 'forever home' amid housing needs. The inspector conducted a site visit on 31-05-2022, found the 9m height harmful to Dreeym Beary street scene and Tromode Park character despite high-quality design, and recommended refusal. The Minister accepted this on 11-08-2022, reversing approval.
Precedent Value
Demonstrates inspectors will prioritise precise street scene/roofscape analysis and bungalow character in sloping estates over general zoning/mixed precedents; applicants must demonstrate height respects immediate context, not just adjacent two-storeys; third-parties succeed by tying arguments to RDG local distinctiveness and GP2.
Inspector: Brian J Sims BSc (Hons) CEng MICE MRTPI
