**Document:** Officer Report 13/00202/B **Application:** 13/00201/B — Extension to provide storage facility, garden machine workshop and weather protection to existing canopied display area (comprising amendments to PA 12/00243/B) **Decision:** Permitted **Decision Date:** 2013-03-27 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/4041-braddan-eden-park-garden-extension/documents/1288943 --- # Officer Report 13/00202/B [Table omitted in markdown export] ### Officer's Report #### 1.0 The Site 1.1 The application site is the curtilage of Craigville, 13 Empire Terrace, Douglas, a mid-terrace five storey property located behind the Castle Mona Hotel, to the north of the junction of Empire Terrace and Castle Drive in Douglas. #### 2.0 The Proposal 2.1 This application seeks approval for the amendment of the provision of the bin store approved under PA 09/01131/B (retrospective). The works undertaken include the erection of three walls to the original front sloping garden area to create a bin store and a raised patio area. 2.2 The wall fronting onto the public footpath has a maximum height of 2.8 metres, reducing to 2.1 metres with an overall width of 5.5 metres. Set 1.6 metres behind this front wall is the second wall which has a height approximately ranging from 3.5 metres to 2.8 metres in height. The gap between these two walls accommodates bin storage. Set 3.5 metres behind the second wall is the third wall which has an approximately height of 1.4 metres. This wall creates a gravel patio area which slopes downwards towards the highway. A further paved patio area exists on the other side of the third wall, which is immediately adjacent to the front elevation of the building. #### 3.0 Development Plan Policies 3.1 The application site is located within an area designated as being Mixed use (Tourist/Residential/Office) under the Douglas Local Plan. The site is not with a Conservation Area, but is directly adjacent to a Conservation Area which runs on the opposite side of the public highway. 3.2 Due to the zoning of the site, and the nature of the proposed development, the following planning policy is relevant in the consideration of the application:- 3.3 General Policy 2 states: "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; [Table omitted in markdown export] - (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." ## 4.0 Planning History 4.1 The following previous planning application is considered relevant to the determination of this proposal: Installation of replacement windows to front elevation - 11/01219/B - APPROVED Conversion of former guest house into five apartments -09/01131/B - APPROVED Installation of replacement uPVC windows - 99/01445/B - APPROVED Internal alterations to relocate bar and dining room - 87/01488/B - APPROVED #### 5.0 Representations 5.1 Douglas Corporation does not object to this application. #### 6.0 Assessment 6.1 It is considered the issue with the development relates to the potential impact upon the visual amenities of the street scene. In terms of planning policy General Policy 2 is the most relevant to consider. Paragraph c of this policy indicates that development will normally be permitted, provided that it does not affect adversely the character of the surrounding landscape or townscape. 6.2 It was noted when visiting the area that due to the topography of the land, the properties along Empire Terrace are raised above the public highway (floor level of application site ranges from 3.5 to 2.5 metres above highway) and consequently the front garden/patio areas have a stepped sloping profile, which in some cases involves retaining walls of various heights. 6.3 Before any works where undertaken there was a single boundary wall fronting onto the public footpath which had a height ranging from 1.7 metres to 1.3 metres. When the application to convert the building into five apartments was approved (09/01131/B), the scheme included the creation of a bin store which was set behind this front boundary wall, which was accessed via a new pedestrian gate. The height of the wall did not increase, albeit a 1.9 metre high retaining wall set 1.8 metres behind the front boundary wall was approved, to create the bin store area. This approved scheme retained the existing front garden area. 6.4 This current submission substantial alters this previously approved scheme in all respects. The new submission has resulted in three substantial walls to the original front garden area, which now appears when viewing the property from the opposite side of the highways as a continuous walling ranging in an cumulative height from 4.5 metres to 3.8 metres in height. 6.5 Further views of the site from either direction along Empire Terrace are also of a substantial amount of continuous walling fronting the property, which from some aspects also block views of the lower part of the ground floor windows. 6.6 Walking along the adjacent public footpath, the view of the walling is very apparent resulting in a domineering structure given the height of the entirety of the walling within very close proximity of the highway (i.e. public footpath). 6.7 Overall, it is considered the height, scale, design, massing, and proximity to the public highway all results in domineering and discordant features within this area of Empire Terrace to the detriment of the visual amenities and character of the street scene. ## 7.0 Recommendation 7.1 For the reasons indicated the proposal would be contrary to General Policy 2 of the Isle of Man Strategic Plan and therefore the application is recommended for refusal. #### 8.0 Party Status 8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status: Douglas Corporation 8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of 25.03.2013 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 R 1. The walling to the front of the property would, by reason of its height, scale, massing and design and proximity to the public footpath, represent a domineering and discordant feature within this area of Empire Terrace to the detriment of the visual amenities and character of the street scene contrary to General Policy 2 of the Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Refused Date : Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager --- *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/4041-braddan-eden-park-garden-extension/documents/1288943*