87315

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00023/B Applicant : Broompark Ltd Proposal : Erection of a dwelling with parking (previously approved PA 12/00409/B) Site Address : Land Rear Of 38 Victoria Road Douglas Isle Of Man IM2 4HE

Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.11.2023 __

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 development hereby approved shall not be brought into use unless the access and all parking and turning areas, have been provided in accordance with the details shown on the approved plans (Drawing No: B/773/1 Rev A). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.

C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:

Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses Class 16 - Fences, walls and gates Class 17 - Private garages and car ports

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Reason: To control future development on the site.

N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This application has been recommended for approval for the following reason. The application accords with General Policy 2, Strategic Policies 1 and 2, Housing Policies 4, Environment Policies 42, Strategic Policy 3 (b), Transport Policies 4 and 7 of the IOM Strategic Plan 2016, as the proposal would not harm the use and enjoyment of the application site, neighbouring properties, and the character of the area, or result in detrimental highway, arboricultural and ecological impacts.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 6 January 2023.

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Interested Person Status - Additional Persons

It is recommended that the following should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Manx Utilities (Drainage) __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is a parcel of land located to the south east of Bay View (38 Victoria Road, Douglas), which has been converted into self-contained flats, located on the south western side of Victoria Road. The site also immediately adjoins the curtilage of 11 Woodville Terrace which has also been converted to flats.

1.2 The site is accessed via a rear lane which runs between the rear of Woodville Terrace and the rear of properties which front onto Victoria Road. Most of the surrounding area of the site comprises a woodland area which runs along the rear of most of the properties situated west of Castlemona Avenue.

2.0 THE PROPOSAL 2.1 Planning approval is sought for Erection of a dwelling with parking (previously approved PA 12/00409/B). The applicant has sought planning approval as the scheme previously approved under PA 12/00409/B has now expired.

2.2 The proposed dwelling would be a two storey dwelling which would exist as an end terrace dwelling attached at a chamfered wall to the properties on Woodville Terrace.

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2.3 Internally the new dwelling would provide accommodation consisting of three ground floor bedrooms (one with ensuite), a cloakroom, a bathroom, and hallway with stairs at the end. A portico which would lead doorway is attached to the northeast (side) elevation, while a small single storey boiler room would be attached to the northwest elevation.

2.4 The first floor would contain a lounge, an open plan kitchen with breakfast area, and a study. The roof space would contain a study, games room and eaves storage.

2.5 The parking and turning area would be situated north of the dwelling with access to the parking areas provided via the turning area to the rear (south) of 38 Victoria Road. This paring area would cater for three cars. A garden area would be provided in the south eastern end of the plot which adjoins Woodville Terrace.

2.6 The design of the building takes inspiration from the buildings on Woodville Terrace having clear references to their Victorian architecture. This is expressed more strongly by the front elevation which would be characterised by the use of a double height central bay and vertically proportioned windows. However the building would be significantly lower than that dwellings on Woodville Terrace, would be set at an angle to the terrace and there would be no chimney stack. A pitched roof dormer on the front elevation would provide access onto a balcony.

3.0 PLANNING POLICY 3.1 The site is designated on the Area Plan for the East as Mixed Use, and the site is not within a Conservation Area. The site is not prone to flood risks or within a Registered Tree Area and there are no registered trees on site.

3.2 TAPE 2020 (Relevant section so the Area Plan for the East) 3.2.1 Paragraphs 6.5.1 to 6.5.4 - addresses efficient use of sites, and prioritises the need for densities of development to be in keeping with the character of the local area.

3.2.2 Section 6.6 (Paragraphs 6.6.1 to 6.6.6) - deals with Principles of good design and prioritises the need for new development to respect local character.

3.3 IOMSP 2016 a. Strategic Policies 1, 2, and 5 - relate to re-use of existing sites, good design and regeneration of existing sites. b. Housing Policy 4 - deals with the location of new housing on the Island. c. Environment Policy 42 and Strategic Policy 3 - character and need to adhere to local distinctiveness. d. General Policy 2 - general standards towards acceptable development e. Environment Policy 4 and 5 - protects biodiversity (including protected species and designated sites). f. Transport Policies 2, 4 and 7 - need for appropriate and safe highway provisions

4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 Regard will be given to the recently released Residential Design Guidance 2021 in development of new dwellings.

4.2 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.

5.0 PLANNING HISTORY

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5.1 The application site has been the subject of a number of planning applications which are considered relevant to the current application:

a. The most recent application for the site which proposed the erection of dwelling with parking under PA 19/00655/B, was approved on 23rd July 2019. This is the exact scheme approved under PA 15/00856/B which had not commenced, with the 4 year commencement time set to expire.

b. PA 15/00856/B proposed the Erection of a dwelling with parking (but was an amendment to PA 12/00409/B as it included a basement which was not part of the initial scheme approved under PA 12/00409/B). The main difference between this scheme and the 2012 application was the inclusion of a basement floor and the erection of a two storey outrigger on the western elevation that would provide a boiler room at ground floor and larder at first floor.

c. Planning approval was granted in 2012 under PA 12/00409/B for the erection of a dwelling. This was subject to two approval conditions; the standard four year commencement condition, and a condition relating to the use of the parking areas provided within the scheme.

d. Planning approval was sought under PA 08/01065/B for the erection of a dwelling. This planning application was refused for three reasons, which bordered on character and identity of the immediate locality, impact on neighbouring amenity, inadequacy of rear lane to serve as appropriate access to the site, and inadequacy of parking provisions within the scheme.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Department of Infrastructure (DOI) Highways Division, find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (6 January 2023).

6.2 The DEFA Ecosystem Policy Team have no issues with the proposals. They request that the applicant gives consideration to the inclusion of bat and bird bricks on the property as an enhancement for wildlife (23 January 2023).

6.3 DOI Highways Drainage provide guidance regarding Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads in relation to surface water runoff onto a public highway (17 February 2023).

6.4 Manx Utilities Drainage have no concerns with the application (1 August 2023).

6.5 Douglas Borough Council have not made any comments on the application.

6.6 No comments have been received from neighbouring properties.

7.0 ASSESSMENT 7.1 The fundamental issues to consider with the current application are: a. principle of development (SP2 & HP 4); b. Design and visual impact (STP5, GP2, EP42 & SP 3); c. potential impact upon neighbouring amenities (GP2); d. Impact upon highway safety (GP2 & TP7); and e. Arboriculture and Biodiversity (EP3,4,5)

7.2 PRINCIPLE

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7.2.1 The site falls within the settlement boundary of Douglas and an area zoned for Mixed Use development, which implies that the use of the site for residential purposes would be compatible with adjoining uses and conform to the general use of the area, including news dwellings, provided that such proposals would be of an appropriate design and scale, safeguard the amenities of surrounding residential properties, and be further acceptable in all other relevant material planning matters.

7.2.2 The site is also adjacent to and surrounded by existing residential dwellings; conditions which would ensure that residential development here broadly aligns with Strategic Policy 2 and Housing Policy 4.

7.2.3 It is vital to note that the Isle of Man Strategic Plan 2016 seeks to locate new housing and employment close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal given its proximity to existing routes within Douglas.

7.3 DESIGN AND VISUAL IMPACT 7.3.1 In terms of the visual impact of the proposal, it is considered that the size (footprint) of the dwelling and relationship with the spaces between the buildings respects the site character, as it would ensure the proposal fits with the site area and be integrated with the existing built fabric in the immediate locality, particularly the properties on Woodville Terrace to which it would be attached.

7.3.2 With regard to any impact on the area and street scene, it is considered that the design of the dwelling, within this location, is considered to respect the character of the street scene through the integration of uniform elements, such as the bay windows, the pitch roof design and finish, window style, proportions and symmetry, feature mouldings including cornice and string courses, which are in keeping with the general character of the dwellings in the area. Whilst the absence of chimney stacks and the reduced height relative to the dwellings on Woodville Terrace is a departure from the design of the dwellings here, chimneys on the gable, front facing gable, window type and design, as well as building height and bulk, it is considered that the design of the proposal broadly aligns with the general character and form of dwellings within the site's vicinity.

7.3.3 The materials palette is also considered to be largely in keeping with the materials on display within the immediate locality, which is typically characterised by light coloured painted render, slate tiles, concrete cills, and white timber and UPVC sash windows. Whilst the development is considered to be interesting and slightly varied from an architectural standpoint, given its massing bulk and overall proportion, on balance, it adds more to the character and appearance of the street scene than it detracts from it.

7.3.4 Accordingly, the overall design, siting, layout, size, landscaping and finishes of the dwelling would all be acceptable and would create a pleasant housing development, without having significant adverse visual impacts to the amenities of the street scene, site or area. As such, the proposal would be compliant with the provisions of General Policy 2 (b) & (c), Environment Policy 42, and Strategic Policy 3 (b) of the Strategic Plan (2016).

7.4 NEIGHBOURING AMENITY 7.4.1 In terms of potential impacts on the amenities of the neighbouring dwellings, the key concern here lies in the potential overlooking from the side of the bay windows and balcony towards the neighbouring property at 11 Woodville Terrace, given the proximity and angled position relative to the neighbouring property. However, the existing relationship between the properties on Woodville Terrace allows for mutual overlooking from the bay windows.

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7.4.2 With regard to any potential overlooking of the rear of the property at No. 38 Victoria Road, it is noted that the first floor windows at the rear of the proposed dwelling has the potential to introduce some level of overlooking of the rear windows on this neighbouring property. However, given the separating distance between both properties which is about 20m and the inclined layout of the rear elevation of the proposed dwelling relative to No. 38 Victoria Road, it is considered that any overlooking that results would be significantly diminished.

7.4.3 Given the above, it is not considered that any concerns in terms of overlooking would not be sufficient basis to refuse the application.

7.4.4 The proposal is further not considered to result in overshadowing of the neighbouring property at No. 11 given that angled position, and the fact that the new dwelling would be situated north of this neighbouring dwelling where it would not be in the path of the sun.

7.4.5 In light of the above, whilst it is recognised that the proposed development would result in some degree of impact upon the amenities of the adjacent property, it is not considered that such impacts would be significantly harmful or indeed warrant the refusal of planning permission in isolation. Consequently, the proposal is considered to be acceptable from a neighbouring amenity perspective, in compliance with General Policy 2 (g).

7.5 HIGHWAYS AND PARKING 7.5.1 In terms of impacts on highway safety, it is considered that the proposed access arrangement, would be appropriate for the site and the single dwelling proposed for the site, and would offer safe access onto the existing highway via the existing adopted lane, and as such is acceptable.

7.5.2 With regard to off road parking, the dwelling would have three spaces provided within the site, which would meet the requirements of Transport Policy 7 as stipulated within Appendix 7 of the IOMSP. Additionally, the site is within walking distance to public transport corridor along Victoria Road which increases the public transport options available to future occupants.

7.5.3 Additionally, Highway Services have assessed the proposal and find it to have no significant negative impact upon highway safety, network functionality and /or parking, and raise no objection to the proposal Therefore, it is considered that this element of the scheme complies with the requirements of the aforementioned policies.

7.6 ARBORICULTURE AND BIODIVERSITY 7.6.1 In considering potential impacts on trees in the immediate vicinity, it is noted that the current scheme would bring the development closer to the existing trees within the wooded area adjoining the site. However, no trees would be removed as a result of the development and the development would be at a considerably distance from any mature trees. As such, it is considered that the development complies with GP 2 (f) with regard to impact on trees.

7.6.2 In terms of impacts on ecology or biodiversity within the site, it is also important to establish that if any real harm would result with respect to ecological and environmental concerns, it would only relate to the removal of top soil to enable the erection of the new dwelling. However, it is considered that the scale of vegetation removal to facilitate the erection of the dwelling (which is minimal in the current case give the bare nature of the site), would ensure that any impacts on biodiversity within the site will be negligible, and overridden by the retention of part of the site area for the creation of a garden.

7.6.3 The comments from DEFA Biodiversity regarding the proposal is also vital for consideration, given that they raise no concerns with the proposal in terms of potential impacts on site ecology/biodiversity.

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8.0 CONCLUSION 8.1 The proposed development is considered to be of an appropriate design, scale and form, providing a degree of visual interest within the immediate street scene and amounting to an efficient use of the site, without detriment to the amenities of surrounding residential properties. The development is further considered to be acceptable in the context of highway safety and impacts on biodiversity. The proposal is therefore considered to comply with Strategic Policy 5, Spatial Policy 2, General Policy 2, Environment Policies 3 and 42, and Transport Policies 4 and 7 of the Strategic Plan (2016). The application is therefore recommended for approval.

9.0 INTERESTED PERSON STATUS 9.1 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.

9.2 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.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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 : 27.11.2023

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.