**Document:** Officer Planning Report
**Application:** 09/00255/B — Erection of a replacement dwelling
**Decision:** Permitted
**Decision Date:** 2009-04-17
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62391-braddan-41-allan-replacement-dwelling/documents/1370561

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# Officer Planning Report

**Application No.:** 09/00255/B
**Applicant:** Borough Of Douglas
**Proposal:** Erection of a replacement dwelling
**Site Address:** 41 Allan Street Douglas Isle Of Man IM1 3DP ### Considerations Case Officer : Mr Gary Barr
**Photo Taken:** 02.04.2009
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Drainage Services Manager Notes: No objection Consultee : Highways Division Notes: Do not oppose. Consultee : Douglas Corporation Notes :

### Officer's Report

### The Site

The application site represents the curtilage of an existing residential property of 41 Allan Street, Douglas. The three storey terrace property is located towards the south western end of Allan Street close to the junction of Westmoreland Road and Allan Street.

### The Proposal

The planning application seeks approval for the erection of a replacement three storey terrace dwelling. The proposed dwelling would remain the same height with a change to the rear two storey outrigger with a single storey lean to extension, to provide a rear porch and W.C. The property would have three bedrooms, a bathroom and open planned kitchen and living room area.

The property would be designed similar to the existing and would have uPVC double glazed windows, slate roofs and black fascias and soffits.

The application site is located within an area of "Predominantly Residential Use" under the Douglas Central Local Plan, adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, the following policy is considered relevant - 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."

Environmental Policy 42 states:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

The property is located within the Urban Regeneration Study Area and Environment Policy 43 is also considered relevant and states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition".

## Planning History

There are no previous planning applications to be considered in the assessment and determination of this application.

### Representations

Douglas Corporation has not commented on the proposed application. The Department of Transport Highways Division do not oppose the development.

Drainage Department of Douglas Borough Council has no objection in principle subject to the Douglas Borough Council acts as the Drainage agent for the Department of Transport, under the Sewerage act 1999. As illustrated as part of the above application, the surface and foul water drainage from the new dwelling must be separated and combine at the curtilage boundary at the rear of the property into the existing drainage lateral connection. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.

**ASSESSMENT**

The main issues to be considered in the assessment of this application are whether the proposal would comply with General Policy 2, Environmental Policy 42 and Environmental Policy 43 of the Strategic Plan.

The proposed development would respect the site and surroundings in terms of the siting, scale, form and design. The property would be set on the same footprint and scaled to match the existing dwelling to ensure that the new built form would blend in with the adjacent dwellings. The architectural design of the dwelling takes inspiration from what is there at present and from the properties on the opposite side of the street.

Within General Policy 2 it requires developments to protect the character of the surrounding landscape or townscape and with the development now representing an improvement over the existing derelict property; it is judged that what is proposed would enhance the character significantly. At present the majority of the properties are of a similar style (with the door / window on the ground floor separated by a featured band with the two windows on the first floor and dormer at the centre) and the introduction of the proposed dwelling would be more modest and more aesthetically pleasing than the existing which would be in keeping with the character of the locality. In terms of amenity, it is judged that there would be no unacceptable overlooking arising from the proposed dwelling and that there is sufficient separation between the proposed dwelling and neighbouring properties to prevent loss of light or any unacceptable impacts upon existing residential amenity.

In terms of Environmental Policy 42, the proposed development takes account of the particular character and identity of the immediate locality by responding to the existing built form of the properties throughout Allan Street.

As the property is located within the Urban Regeneration Study Area, Environment Policy 43 of the Isle of Man Strategic Plan encourages the re-use of sound built fabric rather than demolishing the dwelling but in this circumstance the building is at a state of none repair and demolishing the building to regenerate this run down area is the best practice in this situation.

As a result, the proposed erection of a dwelling would be beneficial to both the appearance of the street scene and the surrounding area in general when viewed from the public thoroughfare.

**RECOMMENDATION** For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. **PARTY STATUS**

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

Douglas Corporation

8 April 2009

09/00255/B

## Recommendation

Recommended Decision: Permitted

Date of Recommendation: 06.04.2009

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : 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 approval relates to the submitted drawings P 11, P 12 Rev C, P 20 and Photographs all received on 17th February, 2009, Email from McGarrigle and Jackson dated 8th April 2009.

C 3. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

C 5. Prior to the commencement of works, details of the paint finish for render must be submitted to and approved in writing by the Planning Authority and thereafter the works shall be carried out in accordance with the approved details.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted
Date :
Signed :
Senior Planning Officer

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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/62391-braddan-41-allan-replacement-dwelling/documents/1370561*
