**Document:** Officer Planning Report Recommendations
**Application:** 11/00407/B — Demolition of existing dwelling and erection of a replacement dwelling
**Decision:** Permitted
**Decision Date:** 2011-08-30
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/759-braddan-gloccamora-and-adjacent-replacement-demolition/documents/1162629

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# Officer Planning Report Recommendations

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

SITE

The site stands on the south, uphill side of Douglas Head Road to the north west of the Manx Radio buildings. The dwelling of Gloccamorra is situated on the eastern part of the site. To the east of the application site is a development site and to the west of the site is open scrub land.

### Proposed Development

This application is proposing to demolish a two storey dwellinghouse and to erect a replacement dwelling. The dwelling will be approximately 18.55m x 17.85m. The height of the dwelling will be 11.2m at it tallest point. The dwelling will be finished in smooth white render and vertical timber cladding.

### Planning Status And Relevant Policies

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 1, General Policy 2, General Policy 3, Housing Policy 6, Transport Policies 1, 4 and 7, Recreation Policy 2

Housing Policy 6 states "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

Transport Policy 4 states that "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Recreation Policy 2 states that "Development which would not adversely effect, or result in the loss of open space or a recreation facility that is or has the potential to be, of recreation or amenity value to the community will not be permitted except in the following circumstances:

- (a) Where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
- (b) Where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

### Planning History

The following previous application is considered relevant in the consideration of this application:

11/00405/B – Demolition of existing dwelling and erection of a replacement dwelling – application withdrawn

06/01205/A – Approval in principle for the erection of a dwelling to replace a existing – granted on appeal subject to conditions on the 13th March 2007.

Condition 3 of the permission revoked permitted development rights

Condition 4 states that "The application for Reserved Matters must include a plan which defines (a) the curtilage of the proposed dwelling; and (b) the remainder of the site as open space; the curtilage required by (a) above must be tightly drawn in the eastern corner of the site, embracing the existing curtilage of "Gloccamorra" and only modest increase thereto; no approval is hereby granted to domestic use of the open space beyond this new curtilage.

04/01510/A – Approval in principle for the erection of a dwelling to replace existing – refused on review 15th December 2005

02/00741 – Approval in principle for residential development – declined to be considered 17th July 2002 99/00186/A – Approval in principle for the erection of apartment block – refused at appeal 10th January 2000 98/00052/A – Approval in principle for three residential building plots – application withdrawn 97/00695/A – Approval in principle for three residential building plots – refused on review 5th September 1997

### Representations

Highways Division of the Department of Transport do not oppose the application. Douglas Borough Council do not oppose the application Drainage Service of Douglas Borough Council does no object to the application.

The occupier of No.33 Ballaquark has made the following comments:

1) The defined site for the application is NOT "residential" as described on the application form
2) Part of the site (where the new dwelling is proposed) is agricultural, and described in Planning Circular 3/99: Douglas Local Plan as POS (Public Open Space). Encroachment into the POS should not be permitted.
3) The proposed separation between the neighbouring building and the proposed dwelling will break up the compactness and unity of the existing group. It will also create the possibility of the old site then being described as an infill site suitable for development.
4) The design of the dwelling is not exactly appropriate for the setting on Douglas Head, but then nor are the approved drawings.

The occupiers of Glebe Cottage have commented on 1) the quality of the plans, 2) they prefer the single storey design for the site (11/00405/B) and 3) suspect an infill dwelling to be constructed.

Manx National Heritage note that the previous planning application for approval in principle was permitted on appeal and that the current plans follow on from this. However, in the interests of preserving public amenity and reducing the scenic impact of the development on Douglas Head, they recommend that any planning approval includes conditions which

a) Set a time limit on the demolition of the existing building once the new development is complete b) Require restoration landscaping of the vacated site to the satisfaction of the Planning Committee c) Prevent any future infill development in the space created.

In light of changes in the proposal, Manx National Heritage note some of their concerns about the potential impact of the design and construction process on the scenic value of Douglas Head have been addressed.

### Assessment

The principal issues in assessing this application are a) Land use/siting, b) Highway issues, and c) Impact on surrounding properties. The following paragraphs deal with these issues in the above order.

### Land Use/Siting

The development is not entirely compatible with the land use zoning of the area, as part of the application site extends into open space, which is to the west of the existing dwellinghouse. This would be contrary to the Isle of Man Strategic Plan, as it would result in the loss of open space. However, this issue has been carefully considered at appeal for back in March 2007 for an approval in principle for the erection of a replacement dwelling (06/01205).

The independent inspector states that "The parties are agreed that it would be appropriate for the dwelling on this land to be replaced; that a complementary development to that approved on adjacent land would be desirable; and the consequence of this is likely to be that the residential curtilage would extend in some degree onto the open land, to be replaced fully or in part by open space between the two buildings."

"There is thus no objection to an approval in principle. However, the Planning Authority is correct to express concern that this should not be seen as a licence to develop anywhere on the open land. It seems to me that this concern would be adequately safeguarded if an approval in principle were subject to reservation of the siting and design of the proposed dwelling. The same planning considerations regarding protection of open space would apply to any more detailed plan, and an inappropriately sited proposal may be refused planning permission. Furthermore, the parties to this appeal have made it clear that the constraints on development encroaching unreasonably for onto the open land are understood, and recorded. Thus any third party seeking to benefit from the permission would be aware of the constraints.

The Minister noted the concerns in relation to the protection of the open space and judged that it would be appropriate to impose an additional condition, which stated that "The application for Reserved Matters must include a plan which defines (a) the curtilage of the proposed dwelling; and (b) the remainder of the site as open space; the curtilage required by (a) above must be tightly drawn in the eastern corner of the site, embracing the existing curtilage of "Gloccamorra" and only modest increase thereto; no approval is hereby granted to domestic use of the open space beyond this new curtilage.

This application is not a reserved matters application; however, the principles applied for the approval in principle are a material consideration when determining this application.

The proposed dwelling will be positioned partially over the footprint of the existing dwellinghouse. The proposed residential curtilage extends approximately 24m into an area of open space. The previous application site extended approximately 84m (measured along the road frontage) into the open space. It is considered the applicant's have drawn the curtilage towards the eastern part of the previous application site. The remainder of the land in the applicant's ownership will remain as open space.

### Parking

In respect of the car parking provision for the new dwellinghouse, Transport Policy 7 of the Isle of Man Strategic Plan states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Appendix 7 of the Strategic Plan set out the car parking standards for the Island. The standard for typical residential developments is "2 spaces per unit, at least one of which is retained within the curtilage and behind the front for the building". The site has sufficient space in the form of a garage and hardstanding to provide space for at least 2 vehicles. It is considered the development would accord with Transport 7 of the Strategic Plan.

### Impact On The Surrounding Properties

In respect of the impact on Stanley House, the application site is set to the west of the site. However, Stanley House has been demolished to make way for a new block of apartments. The proposed dwelling will be set approximately 5m away from the side elevation of the new apartments. The side elevation of the apartments will contain small port hole windows. These serve either kitchen

a lounge area and a bedroom. These windows provide a secondary source of light to the apartments. It is considered the proposal will not adversely affect the residential environment of the new apartments from overshadowing and loss of light

The nearest part of the proposed dwelling to the apartment block will project approximately 2m beyond the rear elevation of the apartment block. Due to the projection and the separation distance of 5m between the buildings, the proposal will not adversely affect the residential environment of the new apartments.

The application is proposing to create a roof terrace so as to overlook towards the outer harbour. The proposed dwelling will be set behind the front elevation of the apartment block, which will have balconies and terrace area. The roof terrace of the proposed house will allow some indirect views of the balconies and terraces of the apartment block, which would be only 6m away. However, the design of both of these new proposals, both of which are yet to be built allows for terraces and balconies, which because of their location and positioning would not be entirely private spaces. Indeed the terraces on the approved apartment block would have been overlooked by the existing dwelling of Gloccamora. Consequently, it is not considered that the proposal would result in any loss of existing privacy and that both developments would have an acceptable level of amenity.

### Visual Amenity

The dwelling is of a contemporary design. The height of the dwelling would not extend beyond the roofline of the adjacent development. The proposed dwelling would complement the new adjacent development within the locality. It is considered the proposed would not adversely affect the visual amenities of the locality.

### Recommendation:

It is recommended that planning permission be granted subject to conditions.

### Party Status

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.

The Highways Division is part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.

Manx National Heritage has commented on planning matters and as such should be afforded party status.

The occupiers of Glebe Cottage, Kirk Maughold and the occupier of No.33 Ballaquark live a significant distance away from the application site as not to have sufficient interest in the application site. It is recommended that party status is not afforded to them in this instance.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

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

C 2. This permission relates to the demolition of an existing dwelling and the erection of a replacement dwelling as shown in drawing numbers 0425/PL005 date stamped 23 March 2011, 0425/PL003 Rev B and 0425/PL004 Rev A date stamped 23rd June 2011.

C 3. No dwelling shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.

C 4. No dwelling shall be occupied until the car parking and manoeuvring area have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.

C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Graded Committee Meeting Date : 25/8/11

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/759-braddan-gloccamora-and-adjacent-replacement-demolition/documents/1162629*