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21/01390/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01390/B Applicant : Mr Tim Keig Proposal : Construction of two new 2 storey dwellings on plots 9 and 15 Orry Street Site Address : 9 And 15 Orry Street Douglas Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.01.2022 __
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. The windows in the first floor level in the north west facing elevation of the proposed dwelling at no 15 Orry Street shall be glazed with obscure glass and shall be permanently maintained thereafter as obscure glazed.
Reason: To safeguard the amenities of the adjoining premises from overlooking and loss of privacy.
C 3. Development shall be carried out in accordance with the materials specified on the approved plan P-02 unless otherwise agreed in writing by the Department.
Reason: To ensure that the external appearance of the building is satisfactory.
C 4. Before the development hereby permitted commences on the site, a soil survey of the former plot of No.15 Orry Street shall be undertaken and the results provided to the Department. The survey shall be taken at such points and to such depth as the Department may stipulate. A scheme for decontamination of the site shall be submitted to and approved by the Department in writing and the scheme as approved shall be fully implemented and completed before the dwellinghouse hereby permitted is first occupied.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and
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ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
C 5. Before the development hereby permitted commences on the site, cycle storage details within the rear yard of each dwelling are required to be submitted in writing for approval by the Department and the storage provided in accordance with these approved details prior to the dwellings being occupied and retained as such thereafter.
Reason: Given there is insufficient off road parking spaces within the site, cycle provision is required.
This application has been recommended for approval for the following reason. It is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021 and Area Plan for the East having no significant impacts upon public or private amenities.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 26.11.2021. __
Interested Person Status - Additional Persons
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owner/occupier of 2 Orry Street, Douglas as they refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Mr Chris Thomas MHK (writes as the constituency MHK) as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
1.0 THE SITE 1.1 The application site represents the curtilage of 9 and 15 Orry Street. The site has a lane which runs along its north western and south western (rear) boundary which backs onto 9 Parr Street and the plot gradually narrows from the front to the rear. Originally, Nr 9 Orry Street consisted of a three storey terraced dwelling with a rear two storey outrigger. Nr 15 consisted of a two storey end of terrace warehouse building, which had a footprint of the entire plot. See existing elevation plans for applications 09/00251/B and 09/00252/B for further details.
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2.0 PROPOSAL 2.1 This application seeks approval for the construction of two new 2 storey dwellings on plots 9 and 15 Orry Street. The site is located on a corner plot with Orry Street to the northeast and a rear access lane to the North West which runs between Orry Street and Parr Street. The two buildings on the site where demolished in or around 2010 (Google Street view appears to show demolitions works being undertaken).
3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application: 9 and 15 Orry Street o 15/00756/B - Erection of two dwellings - granted 14.08.2015. This is an identical application to what is current proposed. o 11/00011/B - Erection of two dwellings - granted 28.02.2011
9 Orry Street o 09/00251/B - Refurbishment of dwelling including the installation of replacement windows and door - granted 17th April 2009
15 Orry Street o 09/00252/B - Erection of a dwelling to replace existing storage building - granted 17th April 2009.
4.0 PLANNING STATUS 4.1 The application site is within an area designated as "Predominately Residential Use" under the Area Plan for the East. The site is not within a Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Housing Policy 4 and 6 and Transport Policy 7 of the IOM Strategic Plan 2016;
4.2 "General Policy 2: 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: (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; (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; (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."
4.4 Housing Policy 4 and 6 direct new housing developments into urban areas, subject to the criteria in General Policy 2 set out above.
4.5 Transport Policy 7 refers to parking standards in Appendix 7.
4.6 Residential Design Guide 2021.
5.0 REPRESENTATIONS 5.1 DOI Highways Services have not objected to the application commenting (13.12.2021):
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"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider cycle parking and that Highway Licences may be necessary for use of the highway."
5.2 Douglas Borough Council comment (10.12.2021): "Although the Council welcomes the appropriate development of brownfield sites such as the above at Orry Street and whilst not raising an objection against the proposed development we would kindly ask that consideration is given to the guidance provided within the Manual for Manx Roads for bicycle storage in new developments.
We note that the plans show an enclosed rear yard providing ample space for the storage of both bins and bicycles however the plans omit to show where the enclosed bicycle storage will be situated within the yard.
We would kindly ask that the Planning Authority and the Applicant gives consideration to providing bicycle storage aligned to the recommendations contained within the Manual for Manx Roads LTN 1/20 Cycle Infrastructure Design."
5.3 The owner/occupier of 2 Orry Street, Douglas objects to the application which can be summarised as (21.12.2021); not enough legal car parking for the existing residents of the H permit zone, particularly on Orry Street; The addition of two new family homes would add further pressure to this situation; There was only ever one dwelling there before they were demolished. The other property was a warehouse so this actually contravenes planning requirements as number 15 should have off street parking; build only one dwelling and use the remaining space to provide private parking to the side of the new property; Another solution could be not to enclose the rear of the new properties and to dispense with the use of oil tanks and use modern heat pumps and the space that is left could accommodate car parking for the dwellings; and my second concern is the impact that the actual building process will have on my home and family.
5.4 Mr Chris Thomas MHK (writes as the constituency MHK) objects to the application which can be summarised as (22.12.2021); Parking is a massive issue, especially with the substantial issuance of parking permits to rented properties occupied by many people; I was surprised and disappointed to see oil tanks included blocking up the back yards which could be used for off- street parking, and which would seem to be completely inappropriate given climate change transition and the densely populated urban area. Would this even be tolerated or even allowed across; The existing use was only one house plus commercial property so it is not correct to say the occupation is continuing previous use; and Can a restriction be placed to insist on owner occupation rather than letting out?
6.0 ASSESSMENT 6.1 This application is proposing to erect two dwellings on the sites of No.9 and No.15 Orry Street. Previously as outlined in the planning history of this report a number of applications have been approved for a dwelling on each plot, with the latter two applications being identical to what is under consideration now. While these have expired, there is significant material planning weight to these approvals.
6.2 The main issues to consider in the assessment of the application are the impacts upon the character and appearance of the street scene in general and the impacts upon the living conditions of the neighbouring properties, in terms of overlooking and parking.
Impact on the Street Scene 6.3 The design of proposed dwellings is the same as the approved dwellings under the two latter applications. The scale and architecture of the proposed dwellings takes inspiration from 5 Orry Street and a number of properties within the vicinity.
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6.4 In 2011 it was considered at the time that the new dwelling on the site of No.15 would significantly enhance the character of the area. The only concern with the previous application (2009) was the significant reduction in height for the proposed dwelling to replace the existing dwelling of No.9 Orry Street. It was concluded that as there are a variety of different styles and sizes of properties along the terrace the introduction of the proposed dwellings which would be in keeping with the character of the locality and would not adversely affect the visual amenities of the locality.
6.5 It is considered that the position in this respect remains unchanged and that the proposed dwellings does not conflict with General Policy 2 (b), (c) or (g) or Housing Policy 4 and 6 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.
Living Conditions of Neighbouring Properties 6.6 In terms of the impact on living conditions of neighbouring properties, it is considered that there would be no unacceptable overlooking arising from the proposed dwelling given the mutual degree of overlooking there at present. The proposed side elevation for No.15 Orry Street had indicated that the windows on the side elevation would be obscure glazed; however, to ensure that this is carried out it is considered that a condition be imposed. This would prevent any direct overlooking of No's 29 and 31 Allan Street from the two bedroom windows. These rooms also have additional windows to the front and rear elevation that would give the occupiers unobstructed light. It is also considered that the there is sufficient separation between the proposed dwelling and neighbouring properties to prevent loss of light or any unacceptable impacts upon existing residential amenity.
6.7 In terms of impacts during the construction works, these are not material planning matters which can be considered.
Parking 6.8 Previously objectors have now and had previously raised concerns about increased parking within Orry Street, the proposal involves the erection of two dwellings which will replace an existing dwelling and a storage building. Although these ceased sometime ago each of these buildings and uses would have generated parking demand within the area. It could be argued that the storage building may have generated a lot more vehicles to the area than the proposed replacement dwelling. Whilst the addition of 2 x 3 bed dwellings will lead to a parking demand in the local area, when considered against the previous uses it is unlikely to more than the previous uses. It is noted, the site is in the centre of Douglas within walking distance of shops/employment and is also within closes proximity of a number of bus stops. The site is arguable one of the more sustainable location on the IOM. It is also noted that Highway Services have raised no objection.
6.9 A condition should be attached which provides details of cycle provision within the rear yard area. Comments that parking could be provided to the rear yard areas are noted; however, the rear lane access is narrow with 90 degree bends at either end onto further narrow access. This would likely make parking difficult. It is noted no other properties along this terrace have parking to the rear. Further, outdoor amenity space would be lost for the occupants. Overall, given the reasons in indicated with paragraph 6.8 it is not considered the lack of parking is a sufficient reason to refuse the application.
6.10 Therefore, overall it is considered that the proposal will not lead to increased parking demand in the local area, when considered in the context of the previous buildings and their uses and given the sustainable location of the site.
Other matters 6.11 The Department does not have the powers to restrict how a dwelling is used, i.e. sold or let. Further, the Department does not have the powers to restrict how a home is heated i.e. gas, oil, etc.
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6.12 Similar conditions to those imposed on the 2011 & 2015 permissions have been imposed, with the additional of the cycle provision to the rear yards.
7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021 having no significant impacts upon public or private amenities and is recommended for 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. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 06.01.2022
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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