29 September 2022 · Delegated - Principal Planner Chris Balmer
Leyton, Victoria Road, Douglas, Isle Of Man, IM2 6aq
The proposal sought permission to build a two-storey detached dwelling with a footprint of 116.78 sqm, ridge height of 8.5m, eaves height of 5m, and total floor area of 300 sqm in the south-western side garden of the existing Arts and Crafts style house 'Leyton', subdividing the 1,527.3 sqm curtilage into two plots of …
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The officer concluded the proposal would adversely impact the character of Victoria Road, characterised by large detached houses in generous plots averaging 1,509 sqm with mature landscaping, as the n…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design/landscaping (b), not adversely affect character of landscape/townscape (c), protect wildlife/habitats (d), incorporate landscape features like trees (f), safeguard residential amenity (g), provide safe access/parking (h), avoid unacceptable road safety effects (i), and address flood risks (l). Officer found proposal fails multiple tests due to dominant scale disrupting rhythm of large-plot houses, amenity harm from overlooking/overbearing, biodiversity/tree loss, poor visibility, and no flood info.
Strategic Policy 4
Requires protection/enhancement of landscape quality and nature conservation in urban/rural areas, especially near designations. Failed due to loss of mature garden/landscaping contributing to locality character and potential biodiversity impacts adjacent registered tree area.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development in settlements must reflect local character/identity; no inappropriate backland development or removal of green spaces contributing to visual amenity. Proposal is intrusive infill in side garden, larger/taller than Leyton, diminishing its role in generous-plot context.
Environment Policy 3
No unacceptable loss/damage to woodland with amenity/conservation value. Unjustified removal of Category B Tulip Tree T2055 marked for retention in prior survey.
Environment Policy 10 - Development and flood risk
Flood Risk Assessment required where potential flood risk; site has high surface water flood likelihood but none provided.
Transport Policy 4
Highways must accommodate development traffic safely. Visibility northbound below standards, impeded by trees/fence/gate/vegetation.
Do not oppose
No objection
No objection
DEFA Agriculture and Lands (Forestry) objects to the application due to removal of category B lime trees and high risk of damage to a category A monkey puzzle tree; DEFA Biodiversity has no objection but requests biodiversity mitigation conditions; other consultees raise no objections or require drainage information.
Key concern: removal of 4 category B lime trees as a material constraint to development
DEFA Agriculture and Lands Directorate
Objectionthe Directorate must object to this application for the following reasons; these trees should be considered a material constraint to development
Conditions requested: tree protection plan, prepared in accordance with the recommendations of BS5837:2012
DEFA Ecosystem Policy Team
Conditional No Objectionwe currently believe that the presented plans will result in a net loss for biodiversity; vegetation removal to facilitate the dwelling is undertaken outside of bird nesting season
Conditions requested: Prior to works commencing, accurate landscaping plans should be submitted to Planning for written approval which clearly show the vegetation that is to be retained and which contain details of proportionate replanting with native or other well-established species; Prior to works commencing, plans should be submitted to Planning for written approval containing details of at least one integrated bat brick to be installed on the new dwelling. The brick should be installed at least 3m above the ground on the southern elevation but not directly above or next to windows, doors or balconies; Prior to works commencing, plans should be submitted to Planning for written approval containing details of at least two integrated bird bricks suitable for either house sparrow, starling or swifts to be installed on the new dwelling. The bricks should be installed at least 3m above the ground (swift bricks should be installed at least 5m above ground level) on a northerly elevation, away from artificial light
Manx Utilities
No ObjectionManx Utilities have no objections for the above planning application
DOI Highways Development Control
No ObjectionHighway Services Development Control raises no objection to the proposal; Recommendation: DNO
Conditions requested: provide run off / surface water drainage where necessary to prevent water from flowing out onto or damaging the public road; on construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections
DOI Flood Risk Management
Conditional No ObjectionDNOC
Manx Utilities Drainage
No CommentManx Utilities request the deferral for the above 2 planning applications whilst we await further drainage information
DOI Highways Drainage
No CommentAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986
The original application for a single detached dwelling on the side garden of an Arts and Crafts house was refused for 8 reasons including character/appearance, density, amenity impacts, biodiversity/tree loss, flooding, highway safety, and tree removal. Appellant argued improved access safety, appropriate density compared to surroundings, no biodiversity loss post-clearance, and compliance with prior approvals. Council defended all refusal reasons emphasising low local density, dominance over Leyton, overlooking, unmitigated biodiversity/tree loss, flood risk, and poor visibility splays. Inspector found principle acceptable but scale/mass harmed Leyton's streetscene presence (GP2, EP42), balcony caused overlooking to future south neighbours (GP2(g)), accepted highway safety/biodiversity/flooding mitigations, and recommended dismissal.
Precedent Value
Emphasises protecting host building's streetscene dominance in infill; balcony privacy critical even to future sites; recent lapsed permissions retain weight if no policy change; conditions can resolve highways/biodiversity/flooding.
Inspector: Frances Mahoney MRTPI IHBC