**Document:** Planning Officer Report 08/00221/B
**Application:** 08/00221/B — Construction of building to provide 33 apartments with integral parking
**Decision:** Refused
**Decision Date:** 2008-07-29
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/84926-braddan-factory-and-premises/documents/1572250

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# Planning Officer Report 08/00221/B

## 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] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] Consultee : Estates And Housing Directorate Notes: Afforable housing memo has been sent - 19.02.08 Consultee : Chief Environmental Health Officer Notes: Comments received Consultee : IOM Water Authority Notes: Note received Consultee : Chief Fire Officer Notes: Defer Consultee : The Architects (DOLGE) Notes: Affordable Housing Element Consultee : Manx Electricity Authority Notes: Note received Consultee : Drainage Services Manager Notes: No objection

## Officer's Report

SITE The site comprises an area of land to the north of South Quay and currently accommodates the Clover Asphalt light industrial building. The land to the rear rises significantly with residential properties backing onto and overlooking the site, separated by a sandstone wall. Access to the site is currently via a central vehicular access point. To the east of the site, there are located light industrial/retail uses and to the west, a vacant site that is currently the subject of a planning application.

THE PROPOSED DEVELOPMENT The application proposes the redevelopment of the site with the construction of 33 residential apartments arranged over five floors with basement parking and storage. Vehicular access to the site would be gained via a central access point, as per the current situation, with pedestrian access via three entrance doorways. No communal access is proposed to the rear, however the ground floor apartments will benefit from rear terraces. Each apartment has the benefit of a balcony/terrace with the two apartments at roof terrace level enjoying private patio areas. In addition, it is proposed to provide communal garden areas to the roof terrace level together with a children's play area.

The applicant's agent advises that the aim in relation to the design of the building has been to reflect the quayside/water setting with curved roofs. The elevations would comprise smooth decorative insulated cladding panels, and balconies with frameless glass balustrade and stainless steel/hardwood handrail systems to the front elevation. To the rear elevation, the balconies would be formed with full width balconies at first and second floor levels with cantilevered balconies at third floor level. These balconies would comprise rendered walls with concrete copings interspersed with full height frameless glass openings with hardwood handrails and stainless steel planters. To the front of the building would be created raised patios with landscaping, and with curved canopies to the entrance doors. To the rear, the applicant's agent advises that the cliff face will be "enhanced with additional

17 July 2008 08/00221/B Page 2 of 6

landscaping, water features, lighting and other associated artworks to cerate an interesting focal point for rear views."

At basement level, 34No. car parking spaces would be provided, together with 10No. bicycle/storage areas and 2No. bin stores. 3No. lifts/stairwells lead from the basement to the upper floors. As previously stated, vehicular access is gained via a central opening of 5.5 m in width. No enclosure is proposed to this access.

## Planning History

There have been no previous planning applications considered relevant to the consideration of the application, however the following application on the adjacent site is considered relevant:

PA 07/02169/B - Redevelopment of site to provide 53 residential apartments and one commercial unit including use of the adjoining scrubland as garden, Former Manx Petroleum Depot And adjoining Scrubland, South Quay, Douglas. This application has been considered by the Planning Committee who resolved to approve the application subject to the applicant entering into a Section 13 Agreement for the on site and off site provision of affordable housing for use in accordance with the House Purchase Assistance Scheme 2007.

### Development Plan

The site is zoned for Residential use on the Douglas Local Plan. The site is not within a Conservation Area, and the existing buildings are not Registered.

The following Strategic Plan policies are considered relevant in the determination of the application:

### General Policy 2

"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; (1) 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 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

## Written Representations

Douglas Corporation advise of no objection to the application with the Drainage Services Manager advising of no objection subject to conditions. The Department of Transport Highways Division advise that there is insufficient information to evaluate the application in respect of access and turning and require that a Transport Statement be submitted. The applicant's agent has been approached in order to submit such a statement however to date one has not been received. Within the Design Report submitted as part of the application, it is stated "Meetings were held at an early stage with Derek Sewell who has advised that as South Quay has been upgraded in recent years to become a major highway no problems are envisaged with regard to the capacity of the road. There are no visibility splay problems and the number of car parking spaces provided is in line with the requirement of 1 per apartment."

The Manx Electricity Authority, Isle of Man Water and Chief Fire Officer submit standard comments. The Environmental Health Officer of DoLGE makes comment in relation to the Housing (Flats) Regulations 1982 and Fire Precautions (Flats) Regulations 1996.

The Estates and Housing Directorate of DoLGE indicates that a provision of 8 units will be required to meet the requirement to provide  of affordable housing units. He expresses concern that the Design Statement submitted with the application assumes that the affordable housing will be provided via a "commuted sum" payment rather than on site. Whilst a subsequent meeting was held to discuss the matter, the applicant maintained that they did not wish to provide any affordable housing units on site.

A number of local residents have objected to the development on the grounds of design, overlooking, proximity to neighbouring occupiers and loss of light. Ownership of land and loss of view are also indicated as reasons for objection, however these are not material planning considerations.

A resident of Port Soderick expresses interest in the application.

### Assessment

Given that the site is zoned for residential development, it is considered that the main issue in relation to the assessment of the application is the impact of the development on existing occupiers of Douglas Head Road, the residential amenity of future occupiers of the development, vehicular access and highway safety and the visual impact of the development within South Quay and the wider quayside area.

With regard to the impact of the development on the amenity of existing occupiers of Douglas Head Road, as previously stated the properties directly adjacent to the site are located at an elevated level, this being indicated within the sectional plan submitted with the application. This plan indicates that the proposed apartment building would be sited between 17 m and 18.4 m from habitable windows in both the existing and proposed residential accommodation. In addition, whilst the rear garden areas of the Douglas Head properties slope significantly down toward the application site, photographic and written evidence submitted by local residents indicates that these areas are utilised as domestic garden areas; habitable windows would be between 9 and 12 m from this area. It is considered in relation to this element that the proximity of the proposed development would allow for mutual, actual and perceived overlooking between properties to the detriment of the residential amenity of both existing and future residents.

The majority of apartments to the ground and first floors, where proximity to the rear walling is most significant, extend through the width of the building, thereby resulting in bedrooms to the rear and living areas to the front elevation, with the exception of 1No. apartment to each floor where the entire apartment is located to the rear of the building. At ground floor level, these apartments would have an outlook of a cliff face/sandstone wall a distance of some 6.5 m from the lounge window. Whilst this may be acceptable in an apartment that also enjoys an outlook to the front of the building, it is not considered to be acceptable where this outlook remains the sole outlook for occupiers, notwithstanding that this area is proposed to be landscaped.

The applicant has been approached in order to ascertain whether they wish to submit a Transport Assessment as per the requirement of the Department of Transport Highways Division, however, as previously stated, to date, no response has been received. South Quay is heavily trafficked, particularly with heavy goods vehicles. Whilst the proposed vehicular access is in the same area as the existing access, given that the Department of Transport Highways Division have advised that they are unable to assess the application from the submitted information, it is considered that the application fails in relation to this element.

With regard to the visual impact of the development within South Quay and the wider quayside area, the building has been designed to include references to the wider area both in the use of materials, the design and planting. The curved roofs and use of extensive glazing would result in a building that is relatively 'fluid' in appearance and would, it is considered compliment the development of the adjacent site which is currently under consideration. With regard to this element of the application therefore the proposal is considered to be acceptable.

In conclusion, the application site is zoned for residential development under the Douglas Local Plan however; it is considered that the height and proximity of the building would lead to poor levels of residential amenity for both existing occupiers of Douglas Head Road and future occupier of the development as a result of both actual and perceived mutual overlooking. In addition, the outlook from those apartments to the rear whose sole outlook is of the cliff/wall face would be poor, resulting in significantly reduced levels of residential amenity for future occupiers.

In addition, insufficient information has been submitted to evaluate the impact of the development on the adjoining highway.

With regard to the provision of affordable housing on site, whilst it is the preference of the Director of Estates and Housing that such housing provision is provided on site, Housing Policy 5 requires that provision is made, and does not stipulate whether this should be on site or via a commuted sum. As such this may not form a reason for refusal.

## Recommendation

Accordingly it is recommended that the application be refused.

### Interested Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

### Douglas Corporation

The Department of Transport Highways Division; The owners and/or occupants of 21 Head Road, Douglas The owners and/or occupants of 19 Head Road, Douglas The owners and/or occupants of 23 Head Road, Douglas The owner and/or occupant of 15 Fort Anne Road, Douglas The owner and/or occupant of 17 Fort Anne Road, Douglas The owner and/or occupant of 21 Cronkbourne Avenue, Douglas

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Isle of Man Fire and Rescue Service; The Isle of Man Water Authority; The Manx Electricity Authority; The owner and/or occupant of Seacliffe, Old Castletown Road, Port Soderick Society for the Preservation of the Manx Countryside and Environment Environmental Health Officer, Department of Local Government and the Environment Estates and Housing Directorate, Department of Local Government and the Environment

## Recommendation

Recommended Decision: Refused

Date of Recommendation: 09.07.2008

### 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 height and proximity of the proposed apartment building would lead to poor levels of residential amenity for both existing occupiers of Douglas Head Road and future occupier of the development as a result of both actual and perceived mutual overlooking. In addition, the outlook from those apartments to the rear whose sole outlook is of the cliff/wall face would be poor, resulting in significantly reduced levels of residential amenity for future occupiers.

### R 2.

Insufficient information has been submitted to in order to evaluate the impact of the development on the adjoining highway.

Decision Made :

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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/84926-braddan-factory-and-premises/documents/1572250*