**Document:** Planning Officer Report 09/01624/B **Application:** 09/01624/B — Demolition of existing commercial buildings and erection of two town houses **Decision:** Permitted **Decision Date:** 2010-04-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64336-braddan-2-4-derby-square-demolition-dwelling/documents/1394344 --- # Planning Officer Report 09/01624/B **Application No.:** ** 09/01624/B ** **Applicant:** ** Hartford Homes Ltd ** **Proposal:** ** Demolition of existing commercial buildings and erection of two town houses ** **Site Address:** ** 2 - 4 Derby Square Douglas Isle of Man IM1 3LS ### Considerations **Case Officer:** Ms Henrietta Hopkins ** **Photo Taken:** ** 11.11.2009 ** **Site Visit:** ** 11.11.2009 ** **Expected Decision Level:** ** Planning Committee ### Written Representations - **33 Ballaquark Douglas Isle of Man IM2 2EY** | Interest expressed - **Vine Villa 8 Derby Square Douglas Isle of Man** | Objects to the proposal - **52 Alberta Drive Onchan Isle of Man IM3 1LX** | Objects to the proposal - **Flat 3 8 Derby Road Douglas Isle of Man** | Objects to the proposal - **Flat 3 12 Derby Road Douglas Isle of Man** | Objects to the proposal ### Consultations - **Consultee:** Highways Division - **Notes:** Do not oppose - **Consultee:** Douglas Corporation - **Notes:** No objection. - **Consultee:** Drainage Division - **Notes:** No objection in principle subject to: ### Officer's Report This application is to be considered by the Planning Committee at the request of the Senior Planning Officer given the history of the site. ## **THE SITE** The property subject of the application is Plot 2-4 Derby Square, Douglas. The buildings are single storey and currently in use for commercial purposes. To the north and west of the site is open space and to the south and east of the site are residential properties. To the south west of the site is Derby Square Park. The properties surrounding the site are mainly terraced units. ## **THE PROPOSAL** The applicant proposes to demolish the existing commercial buildings and erect a stand alone building containing two town houses. Each town house will contain five floors with a garage located on the lower ground floor and the front entrance on the ground floor. The fifth floor will be within the roof space and balconies are provided to the rear of each floor (excluding lower ground floor). Opaque glazed screens are proposed around the balconies. Access to the proposed four car garage to each town house is to the rear of the property along Derby Square Lane. The applicant proposes sliding garage doors with a painted finish. The garage doors are proposed to be set back one metre from the back of the lane. The buildings will externally be of render. Slate roofs are proposed to the front of the property to match existing neighbours and lead or zinc finish cladding proposed to the rear. ## **PLANNING HISTORY** - 84/00762/A – Approval in Principle to erect an apartment block – Permitted (1st January 1994) - 84/00879/B – Alterations and extensions to the car showrooms – Permitted (1st January 1994) - 87/00828/A – Approval in principle to construction of additional floor to form showroom with ramp leading up to it – Refused (1st January 1994) - 87/00840/D – Erection of two illuminated signs to fascia – Permitted (1st January 1994) - 94/00238/B – External alterations – Permitted (29th June 1994) - 98/01230/B – Erection of a satellite dish – Permitted (17th November 1998) - 02/02464/B – Demolition of Existing Building (except No.10) and redevelopment of site to create 50 apartments with parking – Appeal Withdrawn (1st June 2004) - 05/01669/B – Redevelopment of site to form 8 apartments and associated car parking (Revised re submission PA02/2464) – Approved at appeal (12th March 2007). The Inspector concluded the following: - "The stand-alone design of the proposed building, the separation distance provided by Vine Villa from Derby Square properties and the context in which the various elevations would be seen would ensure that the new development would preserve this part of the conservation area. I am satisfied that subject to the original and additional conditions suggested on behalf of the Planning Committee, the current scheme would on balance be acceptable in this location and would not cause significant harm to interest of highway safety." **ASSESSMENT** The application site is located in a 'Predominantly Residential Area' in the Douglas Local Plan 1998 and within the 'Windsor Road Conservation Area.' The Isle of Man Strategic Plan 2007 contains specific policies which are considered material to the assessment of the current application. **General Policy 2 states the following:** "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 surrounding in term of the siting, layout, scale, form, design and landscaping of the buildings and spaces around them; c. does not adversely affect 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 adversely affect public views to the sea; f. incorporated where possible existing topography and landscape features, particularly trees and sod banks; g. does not adversely affect the amenity of local residents of 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 landscaping and manoeuvring space; i. does not have an unacceptable effect on road safety or traffic flows on local highways; j. can be provided with all the necessary services; k. does not prejudice the use of land in accordance with the appropriate Area Plan; I. 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." Environment Policy 35 states the following: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." Environment Policy 39 states the following: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area." Housing Policy 4 states the following: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in the adopted Area Plans: otherwise new housing will be permitted in the countryside but only in the following exceptional circumstances: a) essential housing for agricultural workers in accordance with Housing Policy 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." Housing Policy 6 states the following: "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 needlessly be prescriptive." Paragraph 6.2 relates to General Policy 2 as stated above. Strategic Policy 1 states the following: "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 scare indigenous materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and c) being located so as to utilise existing and planned infrastructure, facilities and services." Strategic Policy 2 states the following: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside but only in the exceptional circumstances identified in paragraph 6.3." Strategic Policy 10 states the following: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users; and d) encourage pedestrian movement." REPRSENTATIONS The following written representations have been received: The Department of Transport has raised no objection to the proposed development. Drainage Division have raised no objection in principle to the proposed development. They have commented that exact details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval, prior to any works commencing on site. Douglas Corporation has raised no objection to the proposed development. Community Planning Service (33 Ballaquark) has objected to the proposed development on the grounds that the development does not have front access for the disabled. There is no reason not to design two town houses with flush access for disabled persons. The occupiers of Vine Villa have raised objections on the following grounds: 1. The proposed development will have a detrimental impact on their property; 2. The height, mass and proximity of the proposed development to the boundary wall would be overly dominant; 3. The site plan does not clearly indicate the extent of the site coverage in that only part of the proposal is shaded in the manner of other buildings on the rest of the plan. From the plan the occupiers estimate site coverage to be 88% of the available site. Looking at other properties on the site plan along East side of Derby Square we would estimate that general site coverage is just over 50%; 4. Vine Villa has a bedroom window facing the gable of the proposal and enjoys the large pleasant front garden up to the common boundary. The proposal will result in the loss of the general enjoyment and amenity currently enjoyed; 5. The previously approved scheme (PA 09/01669/B) was set further back from the common boundary thus lessening the overpowering effect of the occupiers building. The site coverage was also considerably less with an open yard for parking; 6. The application shows opaque glazed screens on the new balconies - these could easily be removed, lowered or replaced with clear glass which would result in overlooking and loss of privacy; 7. The development would be contrary to General Policy 2 it that it does not respect the site and surroundings in terms of siting, layout, scale, form and landscaping; 8. The proposed development would be out of keeping with the area; 9. The proposed development would set a precedent for the rears of other properties along this side of Derby Square; 10. The proposal is considerably more intense in both site coverage, height, bulk and dominates Vine Villa to a greater extent. The occupiers of Flat 3, 8 Derby Road have objected on the following grounds: 1. The development is enormous compared to the size of the immediate adjacent building and will over power the existing area and is therefore not in keeping with the locality; 2. The new development will block the view over Douglas Bay from the windows; 10 February 2010 3. The building is so tall that it would take light from the area and reduce privacy on the buildings located on the opposite side of Derby Square Street. The occupiers of Flat 3, 12 Derby Road have also objected on the same following grounds: 1. The development is enormous compared to the size of the immediate adjacent building and will over power the existing area and is therefore not in keeping with the locality; 2. The new development will block the view over Douglas Bay from the windows; 3. The building is so tall that it would take light from the area and reduce privacy on the buildings located on the opposite side of Derby Square Street. The Isle of Man Victorian Society (52 Alberta Drive) has not raised any objection to the demolition of the existing buildings but has raised concerns over the proposed development: 1. The provision of the two identical to those in Derby Square is desirable but what is proposed is not identical. The proposed storey heights are less and therefore the height of the building and the proportion of the windows are wrong; 2. The provision of the two complete houses with London style Georgian staircases is going to result in the development of two high price tags; 3. The lower of the two houses should be built tight up against a property on the corner of Derby Road and Derby Square which would complete the original scheme for the area with the property turning the corner into the square. ## ASSESSMENT The principal issues in assessing this application are a) Land use, b) Highway issues, c) Impact on the surrounding residential properties d) Character of the building. The following paragraphs deal with these issues in the above order. ## LAND USE The development is compatible with the land use zoning of the area, which is 'Predominantly Residential Use' within the Douglas Local Plan 1998. It is considered the principle of redeveloping the site for residential use to be acceptable in this locality. Original planning applications and decisions made are material considerations in the determination of an application. Inspector's decisions are normally allocated more material weight than a delegated decision. In the Inspector's report based on the original planning application for the redevelopment of the site to form 8 apartments (05/01669/B) it was established that the principle of re-developing the site is acceptable. The Inspector concluded that "the existing building on the appeal site is of poor appearance and in land-use planning terms, has the potential to cause significant harm to the locality. Given the fact that the site is zoned for residential use, it is my opinion that there could be an enhancement to the character of this part of the conservation area by redeveloping the appeal site with housing." Other material considerations however will be taken into account in order to determine whether the proposed development is acceptable on this site. Housing Policy 6 states that "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." Paragraph 6.2 relates to General Policy 2 of the Isle of Man Strategic Plan 2007. ## HIGHWAY ISSUES The highways adviser has raised no objection to the proposed development as there are no traffic management, parking or road safety implications. The site is within Douglas Local Plan Boundary with all local amenities in close walking distance. Public transport is readily accessible together with shops and schools. The requirement for private car use should therefore be limited although garaging is provided within the lower ground floor. The garages will be accessed via Derby Square Lane with the garages doors set back approximately 1 metre from the back of the lane to improve access. The applicant proposes a four car garage; this is considered to be enough off road parking. spaces where Appendix 7 of the Isle of Man Strategic Plan states that for residential 2 spaces per unit should be provided. ## Impact On Surrounding Properties It is considered that the proposed property will have not have a detrimental impact on neighbouring properties. The property is similar in design, siting and layout to that approved under appeal in 2007 (P/2005/01669/B). The height of the building is approximately 1 metre higher than that originally approved under appeal (P/2005/01669). The Inspector concluded on the original planning application that "the height of the buildings is considered reasonable in relation to No. 1 Derby Square as a result of the sloping ground levels; it would give a stepping down of ridge heights compatible with the locality." It is considered that the increase of 1 metre is not significantly material to warrant refusal of this application. The density is also considered compatible with other surrounding properties and accords with Strategic Policy 1, which seeks to optimise the use of previously developed land. Furthermore, the building does not adjoin either of the neighbouring properties and is therefore seen as a stand-alone scheme which is considered compatible with No. 1 Derby Square and Vine Villa. The gable elevation facing Vine Villa has no windows; it would have a smooth render finish. There is however proposed balconies to the rear, but these are considered not to impact on Vine Villa due to the full height, opaque glazing screens to the side of the balconies. The occupiers of the neighbouring property (Vine Villa) stated in their letter of objection their concern that these windows could be removed or shortened. A condition shall be attached to the decision notice for these windows to remain opaque glazing at this height at all times. A planning application would therefore have to be submitted to change the opaque glazing to clear glass for example, and this, as with all applications, will be assessed on its planning merits. The applicant also proposes a smooth render finish to the gable elevation and opaque glass screens to the side of the balcony facing No. 1 Derby Road. Loss of view was an objection raised by neighbouring properties. It is not the role of the planning system to protect private views. However, there is little doubt that loss of attractive views from a public vantage point that is considered important to protect, as the result of a new development, is a material consideration. In this case the loss of view the proposed residential development will cause is not considered to be a material planning consideration. Another objection raised was the proposed residential properties being of high value; this is not a material planning consideration. Material considerations must be genuine planning considerations, i.e. they must be related to the purpose of planning legislation, which relates to the development and use of land in the public interest. In addition, each application is considered on its own merits and therefore this application will be assessed as submitted on its planning merits. The site is located in a Conservation Area (Windsor Road Conservation Area) and consequently discussions took place with the Department's Conservation Officer. The Conservation Officer raised no objection to the proposed development apart from the dormer windows on the front elevation. Consequently contact was made with the agent to amend the plans to include two pitched dormer windows for each property, like those proposed in the original planning application (05/01669/B). Amended plans were received and the Conservation Officer raised no objection. A condition shall therefore be attached to the decision notice for the development to relate to the amended plans. ### Character Of The Building The removal of the commercial buildings, which are in relatively poor condition, with the replacement of two residential units is considered to enhance the conservation area in terms of appearance and use. Given that the site is allocated as 'Predominantly Residential Use' it is judged that there the redevelopment of this site to housing will result in an enhancement to this part of the conservation area. The rear elevation is more contemporary than the traditional front elevation. The contemporary design was also proposed in the original application although the designing is different. In the original application the Inspector concluded that "this particular elevation would be seen at some distance and partly screened by the cliff levels leading up to the bowling green area. Even the views from a distance and from the bowling green would be mitigated by the distance of 7 metres the new building would be set back from Derby Lane and the high wall adjoining the bowling green." This proposal would have a flat roof garage, which would not be highly visible due to the high wall adjoining the bowling green. Furthermore the building steps back which is considered to break up the mass/bulk of the building. The front façade of the building contains elements that are similar to those buildings within the immediate locality - a slate roof, bay windows and a smooth render finish. The gable elevation of the building is also considered to resemble those of neighbouring properties. The gable elevation facing No.1 Derby Square would not be highly visible and the other gable elevation would be similar to that of 10. Derby Square with a smooth cement render painted finish. Concern has been raised that due to modern building standards the floor to ceiling heights are considerably less than in original Victorian / Edwardian buildings which are surrounding it. Whilst this is acknowledged, and it will be noticeable in the streetscene, it is not considered so harmful as to warrant a refusal. An objection was raised with the proportion of the windows on the properties. The windows have the same style and proportions as neighbouring properties and the same that was originally approved under planning application 05/01669/B. They are proposed to be timber sliding sash and a condition shall be attached to the decision notice stating that the windows in the front elevation must be 'wooden-framed sliding sashes set on concrete sub-sills and having a reveal of at least 0.15m.' However, the dormer windows proposed to the front elevation were not considered to preserve or enhance the character of the conservation area and therefore contact was made with the agent to amend the plans for two pitched dormers for each property as proposed in the original planning application P/2005/01669/B. Amended plans were received on the 21st December 2009. In conclusion, it is considered that the proposed development is acceptable. The proposal will not have a detrimental effect on neighbouring properties or surrounding area, and is considered to preserve and enhance the conservation area. **RECOMMENDATION** For these reasons the proposal is considered acceptable and it is recommended that the 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: - Department of Transport and Drainage Division - Douglas Corporation - The occupiers of Vine Villa - The following are not afforded interested Party Status: - The occupiers of Flat 3, 8 Derby Road - The occupiers of Flat 3, 12 Derby Road - The Isle of Man Victorian Society 10 February 2010 ## Recommendation Recommended Decision: Permitted Date of Recommendation: 10.02.2010 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
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 Drawing No's 01, 02, 03, 50, 302 date stamped 5th October 2009 and the Amended Drawing Nos. 51, 300 and 301 date stamped 21st December 2009. C 3. The windows in the front elevation must be wooden-framed sliding sashes set on concrete sub-cills and having a reveal of at least 0.15 m . C 4. Prior to the commencement of any works, details of all the architectural features (including their materials) must be submitted to and approved in writing by the Planning Authority, these features include the dormers and mouldings. C 5. No external pipe work or other external clutter, such as meter boxes, extract ducts, and the like, may be erected or installed without there being in place specific planning approval therefor. C 6. Prior to the commencement of any works, further consideration must be given to the location of the bin-storage area such as to ensure that it is accessible to and convenient for the refuse collection authority; a plan arising herefrom must be submitted to and approved by the Planning Department prior to the commencement of any works. C 7. The opaque glazing to the side and rear elevations shall be developed in accordance with the approved plans (Drawing No. 300 and 301) received on the 21st December 2009 . Any proposed changes that are to be made to the glazing after its construction shall require approval from the Planning Department. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. --- *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/64336-braddan-2-4-derby-square-demolition-dwelling/documents/1394344*