12 September 2022 · Delegated - Principal Planner Abigail Morgan
Land South Of Leyton, Victoria Road, Douglas, Isle Of Man, IM2 6aq
The application sought full planning permission for six detached houses (one two-storey four-bedroom and five three-storey six-bedroom dwellings) with associated parking, garages, and access from Victoria Road on a 0.86-acre brownfield site previously containing an air raid shelter.
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The officer concluded the scheme represents visual overdevelopment due to high density (7.16 dwellings/acre vs local 3.2), cramped layout with 1.7m average separations (vs local 3.81m+), and inadequat…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design/landscaping (b), not adversely affect landscape/townscape character (c), incorporate existing trees/topography (f), protect habitats (d), and safeguard neighbour amenity (g). Officer found proposal fails these due to overdevelopment, tree loss, biodiversity harm, and Plot 2 impacts on Sunny Cottage.
Strategic Policy 4
Requires protection/enhancement of urban landscape quality/nature conservation, especially near designations. Fails due to tree loss harming locality character defined by mature landscaping.
Spatial Policy 5
New development must positively contribute to environment, potentially via Design Statement. Scheme's density/layout causes detrimental visual/character impacts.
Environment Policy 3
Prohibits unacceptable loss/damage to woodlands of amenity/conservation value. Proposal removes category B trees without adequate replacement, reducing canopy >50%.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development in settlements must reflect local character/identity; no inappropriate backland or removal of green spaces contributing to amenity. Density/layout erodes large-plot, treed character.
Environment Policy 4
Protects wildlife/habitats. Insufficient info shows no net biodiversity loss from tree/habitat removal.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Requires no adverse ecology impacts. Lacks PEA or mitigation for significant habitat loss.
Environment Policy 36
Development near Conservation Areas must not harm views. Materials/design in keeping with adjacent Little Switzerland CA.
No objection subject to access arrangements per drawing 21/3074/05D
Do not oppose subject to flood risk assessment condition
No objection
No longer object; withdraw previous objection
DEFA Ecosystem Policy Team and Agriculture & Lands Directorate objected due to tree loss, biodiversity impacts, Japanese knotweed, and overdevelopment beyond approved boundaries; Douglas Borough Council objected on environmental, tree, and conservation grounds; DOI Highways requested further information.
Key concern: tree loss and permanent reduction of more than 50% tree canopy cover contrary to condition 4 of PA 20/00293/A
DEFA Ecosystem Policy Team
ObjectionThe Ecosystem Policy Team object to these proposals due to the tree loss and lack of ecological consideration.; We recommend that this application is refused on the basis that the proposals present an overdevelopment of the area which is contrary to condition 4 of the site’s approval in principle.; In all other respects the Ecosystem Policy Team’s previous comments on this application remain and we still object to these proposals.
Conditions requested: plans for integrated bat brick on each dwelling (at least 3m above ground, variety of elevations, at least two southerly, away from light); plans for integrated bird brick on each dwelling (at least 3m/5m for swifts above ground, northerly elevations, away from light); no external lighting unless detailed low level lighting scheme approved per BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018); Japanese knotweed eradication plan and construction exclusion zone prior to works; updated planting plans: remove non-native privet, native hedges instead of walls, additional native planting for vegetated boundary; retain felled ash tree remains as habitat piles
DEFA Agriculture & Lands Directorate
ObjectionThe Directorate must object to this application for the following reasons: The proposed development includes the removal of trees worthy of a category B classification, as defined by BS5837:2012.; Although trees have been removed lawfully and for legitimate reasons, the proposed development would result in a permanent reduction of more than 50% of tree canopy cover from 2019 levels.
Douglas Borough Council
Objectionthe Committee has resolved to object to the application.; until such time that these concerns are addressed by way of acceptable measures to mitigate against any negative environmental impact and loss of trees then the Council is of the opinion that the application cannot be supported.
Department of Infrastructure Highways Development Control
Conditional No ObjectionHighway Services request the following information/revisions to be provided in order to complete the recommendation; Recommendation: Request further information/revisions.
Conditions requested: Stage 1 RSA for new junction; dropped crossings north and south of access; separate covered secure bicycle parking for Plot 1; surface water drainage scheme
DEFA Drainage
No ObjectionWe’re satisfied for planning purposes that you have demonstrated that the site including the road can be adequately drained.
Conditions requested: if road offered for S4 adoption, further highway drainage design details required; no surface water runoff from site onto public highway if not adopted
The original application for erection of 6 detached houses and parking on previously developed land south of Leyton, Victoria Road, Douglas (21/01468/B) was refused by a Principal Planner for reasons including overdevelopment, tree loss, biodiversity impacts, and harm to Sunnyside Cottage amenity. The appellant argued the site is brownfield with prior approvals for demolition and tree removal, density matching locality, no biodiversity loss, and neighbour support. The Inspector agreed on principle of residential development on PDL but found the quantum and layout harmed streetscene character by presenting blank elevations to Victoria Road, lacked adequate tree/biodiversity mitigation linked to adjacent registered trees, and caused overlooking/overbearing to Sunnyside Cottage. Policies including IMSP GP2, SP3-SP5, EP3, EP42 conflicted. The appeal was dismissed on 14 June 2023.
Precedent Value
Demonstrates quantum/layout must respect verdant street character even on PDL; lapsed AIPs give weight but unfulfilled conditions bind; requires detailed ecology/tree strategies for sites near registered areas. Future applicants should submit comprehensive mitigation before full schemes, prioritise street-facing designs.
Inspector: Frances Mahoney MRTPI IHBC