**Document:** Planning Officer Report
**Application:** 12/00771/A — Approval in principle for erection of a dwelling
**Decision:** Permitted
**Decision Date:** 2012-10-02
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/2903-braddan-land-adjoining-clarecourt-new-build-dwelling/documents/1273403

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# Planning Officer Report

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### Officer's Report

THIS APPLICATION IS RECOMMENDED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS PREVIOUS RELEVANT APPLICATIONS FOR THIS SITE HAVE BEEN CONSIDERED BY THE PLANNING COMMITTEE.

### Introduction

1. This application seeks approval in principle for the erection of a dwelling on part of the rear garden of a property located within Douglas.

### The Site

2. The application site is the south eastern half of the curtilage of a property called Clarecourt, Marathon Road, Douglas. The site has a frontage onto Victoria Road, mature trees along its side boundaries and is currently open onto the remainder of the rear garden of Clarecourt.

### The Proposal

3. This application seeks approval in principle for the erection of a dwelling on the site with access being taken from Victoria Road. Clarecourt would continue to be accessed from Marathon Road.

4. The submitted plan shows that 9 trees would be removed along the north eastern boundary. The plan also shows indicative building lines of where the front and rear elevations of a building could sit whilst retaining 20 metres between its rear elevation and Clarecourt.

### Development Plan Policies

5. The application site is located within an area that is designated as being Predominantly Residential use by the Douglas Local Plan. Within the Isle of Man Strategic Plan, the following area judged to be relevant:

#### Strategic Policy 1:

"Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;

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- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services."

### Strategic Policy 2:

"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

### General Policy 2:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

### Housing Policy 4:

"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

- (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
- (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and

- (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

### Transport Policy 4:

"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."

### Planning History

6. The following previous planning applications are considered relevant to the determination of this proposal:

#### 10/00003/B - Creation of hard standing and vehicular access onto Victoria Road.

This application was refused by the Planning Committee and this decision was upheld on appeal for the following reason:

"The proposed vehicular access would be contrary to General Policy 2, Transport Policy 4 and 6 of the Isle of Man Strategic Plan 2007 in that:

1) the proposed vehicular access provides for no visibility of the adjacent footpath and would therefore present a serious risk of harm to pedestrian safety; and

2) the proposed vehicular access would result in vehicles overhanging the footway and main carriageway, which will result in vehicles that use Victoria Road having to manoeuvre around the vehicle entering and exiting the site, which will be detrimental to highway safety and the free flow of traffic."

#### 10/01277/B - Creation of hard standing and vehicular access onto Victoria Road.

This application was refused by the Planning Committee for the following reasons:

"Whilst the access is designed to meet highway standards, due to its location on a busy road, with cars parked directly opposite, the proposal would be likely to give rise to increased conflicts for highway users and thereby greater interruption to the safe and free flow of traffic."

"The proposed works required to create the access, being a reduction in the height of the wall and the gap created in an otherwise continuous frontage, would be harmful to visual amenities and detrimental to the character of the area."

7. However, this decision was overturned on appeal and the application was approved. The Inspector presiding over the appeal made the following comments:

"My colleague [the inspector who considered the appeal for 10/00003/B] considered the principle of access at this point and did not find any objection, provided the shortcomings of that design were addressed. Amendments have been made to the satisfaction of the Highways Division. The Planning Committee has however refused permission on highway grounds but has provided no evidence or witness at the inquiry to support their view. That is unreasonable, and gives no reason to refuse permission in this case.

With regard to the impact of the proposal on the street scene, the alterations would not be a break in a continuous wall, but a change to a walled frontage of varying heights and finishes, with breaks in it at various points. I agree that the access would make a change

in character, since it requires the gate to be set back. Bearing in mind that this locality has no special protection, I am not convinced that the appeal proposal would be a harmful change to the street scene."

11/01484/A - Approval in principle for the erection of two semi detached dwellings with attached garages and one detached dwelling with an integral garage, 16 & 16A Marathon Road, Douglas (this is the site to the immediate north of the application site). This application was refused for the following reasons:

"The proposal would represent inappropriate backland development which would result in a poor standard of amenity for the proposed properties, contrary to Environment Policy 42 of the Isle of Man Strategic Plan."

"The proposed layout would have an unacceptable impact upon the streetsce ne of Marathon Road in that in order to provide an access to the property to the rear, the proposed semi-detached houses would have to be orientated so as to be gable end on to the highway. This would fail to comply with General Policy 2 of the Strategic Plan, specifically parts (b) and (c)."

"The development would cause unacceptable harm to the amenity of Clarecourt due to the proximity of the proposed semi-detached dwellings to the south eastern boundary of the site. As such the proposal would fail to comply with General Policy 2 part (g)."

"As far as it can be ascertained from the information submitted, it would not be possible to provide the required visibility splays at the proposed access and as such the development would prejudice highway safety contrary to Transport Policy 4."

### Representations

8. The Highways Division of the Department of Infrastructure does not object to this application stating that the proposal "Has no adverse traffic management, parking or road safety implications."

9. Douglas Borough Council does not object to this application.

10. The Department of Environment, Food and Agriculture's Forestry Division has provided the following comments:

- "We note that 7no. trees are to be removed: 5x sycamore; 1 x beech; 1x (damaged) Monterey cypress.
- The trees are closely spaced (and at one point overcrowded/intertwined) and situated along the existing boundary.
- Whilst the trees afford some visual amenity value to the area this single issue seems insufficient to prevent the development.
- We note that a number of trees are to be retained (8 trees; mainly sycamore but also 2 small beech).
- We recommend that the retained trees be protected against damage during the course of engineering works. This applies especially to the root systems which should be fenced off as much as possible so that soil near the stems is not compacted (soil compaction will lead to root death and affect the health of the trees)."

11. The Manx Electricity Authority has provided advisory comments regarding electricity supply.

12. The owner/occupier of 52 Victoria Road, Douglas objects to this application on the basis that the area is over populated, that Victoria Road a main route from Ramsey to Douglas and it would be dangerous.

13. The owner/occupier of 56 Victoria Road, Douglas objects to this application on the grounds that it would require an access onto Victoria Road which was reason for refusal of a previous application. It is also considered that approval of this application would encourage the adjoining property owner to propose a similar type of development which would result in another access onto Victoria Road.

14. Mrs B Cannell MHK has written to support her constituents in objecting to this proposal. It is stated that the removal of trees would not be eco-friendly, that there has been a precedent of refusals in terms of development of this nature on a 'green field' site (reference is made to previous refusals relating to the property next door - 16 Marathon Road). Concerns are also raised that Victoria Road is very busy and narrow in places. It is considered that local residents would be faced with great difficulties if a dwelling together with access to and from Victoria Road was approved. Finally it is judged that the development would result in the loss of urban corridor habitat and visual amenity.

15. In response to concerns raised which relate to the potential loss of habitat, the views of the Senior Biodiversity Officer have been sought. His response sets out the following:

"This appears to be a typical development of a garden area within a property. The loss of green garden area may raise consideration of building densities and garden sizes that relate to air filtering, social enjoyment, looks, etc, including elements of wildlife that may be of interest or enjoyment to residents but I am not aware of specially protected species relevant to the consideration. If specific species/groups are noted then I could follow up on any information provided. With specific regard to wildlife corridors, I do not consider that this garden forms part of a significant corridor habitat, having fairly dense, hard ground development on one side and a cleared site on the other. There is an area on the brooghs below that might be considered as a wildlife corridor, but it does not connect directly with this site."

## ASSESSMENT

16. The key issue to be assessed in the determination of this application is whether the principle of developing the land by erecting a dwelling on it is acceptable. This requires a number of matters to be assessed including whether the site can be accessed in a safe manner, whether adjacent properties would be adversely affected so as to warrant refusal and whether the loss of trees shown by the submitted plans is acceptable.

17. The land is designated for residential development by the relevant Area Plan. Whilst the site is part of the rear garden of Clarecourt, there would remain a sufficient amount of land associated with that property so as to afford it with a reasonable standard of amenity. It is noted that objectors feel that the loss of this part of the garden to the proposed development would be unacceptable, however the garden of Clarecourt is very large and the land is designated for residential development. Strategic policy directs new development to existing settlements and it would seem that in the absence of any policy aimed at protecting the land from development, the proposal accords with those strategic objectives.

18. The development of the site with a dwelling would change the appearance of the street scene. The impact of such change has been raised as a concern by objectors. The adjacent site has approval for a development of apartments and further up

Victoria Road is an apartment block which sits relatively close to the road. It is judged that whilst the proposal would change the appearance of the street scene, it would not cause unacceptable harm to the character of the area so as to warrant refusal.

19. Access to the site is a matter which has been discussed previously by the Planning Committee and at appeal. The most recent decision which permitted the creation of an access and hardstanding into the site from Victoria Road took into account highway safety and found this to be acceptable. The Highways Division does not object to this application and in light of this it is considered that there are no sustainable grounds to refuse this application on the basis of highway safety. The site is large enough to provide a sufficient amount of off-street car parking, subject to the detailed design of such and accordingly it is judged that the application is acceptable in this respect.

20. Turning to the issue of trees, the comments of DEFA have been considered and given the limited weight that they attach to the amenity value of the trees proposed to be removed, it is judged that this should not be a reason to withhold planning approval. It is noted that a scheme of protection would be required for those trees that are to remain and a condition to this effect is recommended.

21. The comments received from the Senior Biodiversity Officer suggest that the development of the site would not represent unwarranted harm to a wildlife corridor. Whilst the concerns expressed by objectors are understood, it is concluded that the impacts of the proposal would not justify refusal of this application.

22. As with all approval in principle applications, detailed matters of siting, design, external appearance of the building, internal layout, means of access and landscaping of the site would be judged as and when a reserved matters application is submitted to the Department for consideration.

### Recommendation

23. Pemit.

### Party Status

24. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

25. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore recommended to be afforded Interested Party Status:

- The owner/occupier of 52 Victoria Road, Douglas
- The owner/occupier of 56 Victoria Road, Douglas
- The Department of Environment, Food and Agriculture

26. Accordingly the following parties are not recommended to be granted Interested Party Status:

- The Manx Electricity Authority
- Mrs B Cannell MHK

27. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

## 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

C 1. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4. This approval relates to the principle of erection a dwelling on land adjoining Clarecourt, Marathon Road, Douglas as shown by Drawing S/558/1 received 25th May 2012.

C 5. The application for **Reserved** Matters must include a scheme which demonstrates how trees on the site, excluding only those highlighted as being removed by Drawing S/558/1, are to be protected during construction works. The scheme must include a drawing which shows how tree roots are to be protected and development must only take place in accordance with the approved scheme of protection.

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: **PERMITTED** Committee Meeting Date: **1/10/12**

Signed: **J. W. V. A. L. E.**

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

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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/2903-braddan-land-adjoining-clarecourt-new-build-dwelling/documents/1273403*