21 September 2018 · Delegated
3-5, Tennis Road, Douglas, Isle Of Man, IM2 3lw
This application sought permission to erect a pair of semi-detached dwellings on a small parcel of undeveloped land (approximately 13m x 14m) on the southern side of Tennis Road, Douglas. The site was being used as outdoor amenity space for the adjacent flats at No.3-5 and is bounded by mature trees including leylandii, beech, and Acer. The Head of Development Management refused the application on six grounds. The proposed development was considered harmful to the character and appearance of the locality and the streetscene, and failed to preserve or enhance the nearby conservation area. The scheme did not provide adequate parking or garaging, and would remove the existing amenity space relied upon by the flats at No.3-5. Further concerns included the risk that the development would place mature broadleaf trees under pressure, potentially leading to their removal, and that it would prejudice the future use or development of the adjoining Coach House land.
The application was refused on six grounds. The siting, layout, scale, and design of the proposed dwellings were judged harmful to the character of the streetscene and the surrounding conservation area. The scheme also lacked adequate parking, would remove existing amenity space serving the adjacent flats, and risked long-term damage to mature trees on and near the site. Additionally, the development was considered likely to prejudice the future use of the neighbouring Coach House land.
Refusal Reasons
respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping
contrary to General policy 2 (b), (c) and (g)
does not affect adversely the character of the surrounding landscape or townscape
contrary to General policy 2 (b), (c) and (g)
does not affect adversely the amenity of local residents or the character of the locality
contrary to General policy 2 (b), (c) and (g)
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
fails to preserve or enhance the conservation area
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
New development in existing settlements must be designed to take account of the particular character and identity
fails to preserve or enhance the conservation area
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
does not have an unacceptable effect on road safety or traffic flows
contrary to General Policy 2 (h) & (i) and Transport Policy 4
does not prejudice the use or development of adjoining land
contrary to General Policy (2k)