Planning Officer Report Recommendations

Planning Report And Recommendations {{table:166609}} ### Considerations {{table:166602}} ### Written Representations {{table:166603}} ### Consultations {{table:166604}} {{table:166605}} {{table:166606}} {{table:166607}} {{table:166608}}

Officer's Report

Site

• The application site is the Former J J Crellins Bakery site located at the end of Grosvenor Road.
• The site is zoned as predominantly residential in the Douglas Local Plan.
• To the south west of the application site is a pavilion for a bowling green.
• To the northeast of the application site is the residential property of No.13 Grosvenor Road.
• To the rear of the application site is a service lane for the properties of Grosvenor Road and Demesne Road.
• The site is adjacent to the Woodbourne Road Conservation Area.

Proposed Development

• The application is seeking planning permission to demolish the existing building and erect a terrace of 5 dwellings.
• The footprint of the development will be 25.6m x 10.23m
• The dwellings will have a painted smooth sand/cement render finish
• The roof will have imitation slate tiling.
• The site will have 4 parking spaces on the forecourt of the dwellings.

Planning Status And Relevant Policies

• Isle of Man Planning Scheme (Douglas Local Plan) 1998
• Isle of Man Strategic Plan (Modified Draft) (April 2007)

Planning History

• None of relevance to the determination of this application.

Representations

• Douglas Corporation – no objection.
• Highways Division of the Department of Transport – no comments received.
• The occupiers of No.2 Grosvenor Road make representations regarding design, parking provision and overdevelopment. In addition, they would wish to see the site if developed, incorporated into the Conservation Area.
• The occupiers of No.13 Grosvenor Road submit comments in relation to the stability of the property and the impact of the development, site boundaries, parking and air pollution.
• A number of local residents have also signed the letter submitted by the occupier of No. 13 Grosvenor Road.

• Mrs Cannell MHK supports her constituents concerns regarding the proposal and does not regard the site to be sufficient size to accommodate 5 dwellings or the provision of 'off street parking' which would be required. In addition, Mrs Cannell makes comments that the access arrangement would impact upon Grosvenor Road both during demolition, construction and on occupation once the dwellings were complete.

• Mr Braidwood MHK supports his constituents concerns particularly in relation to parking and the design of the development.

• The MEA, Isle of Man Water Authority and Chief Fire Officer submit comments in relation to the application.

Assessment

In assessing this application, there are a number of key issues. These are:

a) The principle of the development; b) Whether adequate parking is being provided within the development; c) The residential environment of the proposed dwelling houses; d) The impact of the development on the visual amenities of the streetscene and the adjacent Conservation Area, and e) The impact of the development on the residential environment of the adjoining properties.

• The site is zoned as predominantly residential and it is considered that the proposed redevelopment of the site for residential use would be an acceptable form of development and would accord with the land use designation within the Local Plan.

• In respect of parking, the parking standards within the emerging Isle of Man Strategic Plan (April 2007) states that "...2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area".

• The parking requirement for a development of this size would equate to 10 parking spaces. However, the development is only providing 4 off-street parking spaces. The applicant has stated "After initial discussions with the Department of Highways Division, there have been concerns raised regarding access to the site for provision of off-street parking. The site is bounded either side by a Conservation Area, and this has been reflected in the building lines, detail and fenestration of the proposals. Access to the rear of the properties is seriously restricted, eliminating feasible parking availability from the back. On site parking has been provided from Grosvenor Road but due to the limitations of available space this is restricted to 4 spaces. All existing premises on Grosvenor Road are served by Parking Permit scheme, this may be an option the committee may consider for the remaining spaces or indeed all the properties should be deemed more suitable and provide further private amenity space to the front of the scheme"

• The issuing of parking permits would be dependant on the Department of Transport, who may or may not issue a permit. I consider the applicant should provide the necessary number of car parking spaces within the scheme. However, this is unachievable without a reduction in the number of dwellings. The agent indicated prior to the application being submitted that the applicant was unwilling to reduce the overall number of dwellings. The proposed layout would also make manoeuvring into and out of the site very difficult. Due to the lack of parking spaces and the proposed layout I consider this proposal to represent an overdevelopment of the site which would

result in on-street parking within the area causing noise and disturbance to the amenity of nearby residents.

• In respect of the residential environment of the proposed dwelling houses, the layout of the dwellings and the provision of private amenity space are generally acceptable. However, I am concerned about the proposed parking layout in front of Plots 1 and 3. The parking standard in the emerging Strategic Plan states that "Parking spaces should not be provided in front of dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area". The spaces are directly in front of the bay windows of those dwellings which I consider would result in a poor outlook for the future occupiers of those dwellings.

• In respect of the impact on the visual amenities of the street scene I consider the proposed development is relatively modest in scale in relation to the adjoining properties, the elevations of the building have been well designed and the proposal will enhance the character and appearance of the locality.

• The parking area shown on the plans is currently hard standing, which would have been used for parking when the existing building was in use. I consider the introduction of parking on the front of the dwellings would not cause demonstrable harm to the visual amenities of the street scene.

• In respect of the impact on the properties to the rear of the application site on Demesne Road, the application site is set to the north west of these properties. There is a rear access lane running between the application site and the properties of Demesne Road and the separation distance from the proposed dwellings to the properties of Demesne Road is between 8m – 10m to the rear elevation of the outriggers and 16m – 18m to the rear elevation of the main dwelling. It is normally considered that a 20m separation distance is required and this distance is increased when 3 or more storeys are proposed. The proposal will overlook the properties of Demesne Road, however, the general layout of the area is characterised by properties backing onto each other and I consider a balance has to be achieved with the redevelopment of the site against the impact on neighbouring properties. The separation distances proposed are similar to that of other properties on Grosvenor Road and Demesne Road. In this case, I consider the redevelopment of the site outweighs the impact on the residential environment of the properties on Demesne Road.

• In respect of the impact on No.13 Grosvenor Road, the application site is set to the south west of the neighbouring property and the terrace will project 1.3m behind the rear elevation of the main dwelling. There is a two storey outrigger which projects approximately 4m along the boundary and due to the limited projection and the existence of the two storey outrigger; I do not feel the proposal will cause any significant harm to the residential environment of No.13 Grosvenor Road from overshadowing and loss of light.

• In respect of the concerns regarding the impact on the structural integrity of No.13, damage from vibration, encroachment of the boundary, air pollution from demolition works and devaluation of properties, these are either civil matters or dealt with under separate legislation. These are non-planning matters and cannot be considered in the determination of this application.

Recommendation

I therefore recommend that the application be refused for the above reasons.

Suggested Conditions

However, if the Planning Committee is minded to grant planning permission I would suggest the following conditions are attached:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This permission relates to the erection of five dwellings as shown in drawing numbers 01 and 04 date stamped 2nd April 2007.

1. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the planning authority and those works shall be carried out as approved. Details of hard landscaping works shall include boundary treatment, footpaths, driveways and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the residential units hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.

1. No dwelling hereby permitted shall not be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans and those areas shall thereafter be kept available at all times for their respective purposes.

1. No dwelling hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purposes.

1. Prior to the commencement of the works, samples of the facing and roofing materials to be used shall have been submitted to and approved in writing by the planning authority and these works shall be carried out in accordance with the approved samples.

Notes

1. The applicant is advised to consult the Fire Safety Department with regard to general fire precaution and the provision of fire hydrants and access for fire appliances.

1. For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958.

1. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

1. The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application.

1. The applicant is advised to discuss the drainage layout with the Borough of Douglas Drainage Department.

Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Whilst the MEA, Isle of Man Water Authority and the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to non-planning matters and as such should not be afforded party status in this instance.

It is considered that all parties who made representations to the planning application do comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status with the exception of Mrs Cannell MHK and Mr Braidwood MHK

Recommendation

Recommended Decision: Refused

Date of Recommendation: 07.06.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

R 1.

The proposed development by reason of its design and layout will:

i) overdevelop the site resulting in the underprovision of car parking and manoeuvring space which will lead to on-street parking within the area and result in noise and general disturbance to the amenity of nearby residents; and

ii) create a poor outlook from the dwellings on plots 1 and 3 due to the parking of a private motor vehicle in front of the windows that serve a habitable room.

Decision Made : Refused Committee Meeting Date : 29/6/07