Planning Officer Report

Application No.:	11/01198/B
Applicant:	HT (Isle Of Man) Ltd
Proposal:	Erection of a dwelling (comprising amendment to PA 08/01951/B)
Site Address:	Harold Tower Fort Anne Road Douglas Isle Of Man IM1 5BN

Officer's Report

Introduction

1. This application seeks permission for the erection of a dwelling in a residential area and also within the curtilage of a Registered Building. The proposal is considered to be acceptable and in accordance with the relevant plans of the Isle of Man Strategic Plan.

The Site

1. The application site is a small parcel of land within the residential curtilage of Harold Tower, Fort Anne Road, Douglas. Harold Tower is a detached dwelling set in its own grounds. The dwelling is of historical importance and has been placed on the Protected Buildings Register. When entering the curtilage of Harold Tower from Douglas Head Road there is a dwelling immediately on the left "The Coach House" to the north east of The Coach House is an existing garage block. This is approximately 20m from the entrance. To the north east of the garages there is an existing glass house and garden stores which are to be retained.

1. The application site is to the north west of Harold Tower and is approximately 55m away. To the north west of the application site is Raven’s Cliff, to the west of the application site is Ravenscliffe Mews.

1. There is a stone wall approximately 2.75m on the side boundary shared with Raven’s Cliff. There is also another stone wall on the side boundary of the application site closest to Harold Tower. Beyond this stone wall are a number of mature trees set in landscaped grounds.

1. When travelling along Douglas Head Road the site is very well hidden by the boundary wall and mature trees. What also helps is that the site slopes down towards South Quay away from Douglas Head Road, resulting in Harold Tower not being visible from the highway.

The Proposal

1. The application seeks approval for the erection of a dwelling (comprising amendments to PA 08/01951/B). The proposed dwelling would be erected adjacent to the existing garages. The front elevation would look towards the existing garages, the rear elevation would look in a north easterly direction towards the glasshouse and garden stores.

1. The main outlook from the property would be from the north east elevation, south west elevation and the south east elevation. No windows would be installed in the north west elevation.

Case Officer:	Miss Laura Davy
Photo Taken:	21.09.2011
Site Visit:	21.09.2011
Expected Decision Level:	Officer Delegation

1. The proposed dwelling would take the form of a single storey cottage with a modest porch on the front of the property. The cottage would be finished with smooth painted render and natural slate roof.

1. With the addition of the proposed dwelling there would be three properties within the curtilage of Harold Tower. They are all to remain in single ownership.

Planning History

1. The following previous planning applications are considered specifically material in the assessment of the current application:

PA 08/00660/B Erection of a detached dwelling and garden store - Approved

PA 08/01951/B Erection of a detached dwelling and garden store (comprising amendments to PA 08/00660/B) – Approved

Development Plan Policies

1. The application site is in an area zoned as “Predominantly Residential” identified on the Douglas Local Plan 1998. It is appropriate to consider General Policy 2, Housing Policy 6 and Transport Policy 7 of the Isle of Man Strategic Plan (20th June 2007).

1. 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, from, 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.

1. Housing Policy 6

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 be needlessly prescriptive.

1. Transport Policy 7

The Department will require that in all new development, parking provision must be in accordance with the Department’s current standards.

1. Section 16(3) of the Town and Country Planning Act 1999 states that "In considering whether to grant planning approval for development which affects a Registered Building or its setting, or whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historical interest which it possesses".

Consultations

1. Douglas Corporation has no objection to the application

1. Highways Division do not oppose as it has no adverse traffic management, parking or road safety implications.

1. Manx Electricity Authority have commented on the application

1. Isle of Man Water and Sewerage Authority have commented on the application.

1. The owner/occupier of Ravenscliffe House, Fort Anne Road, Douglas objects to the application. They have concerns regarding the proposed live open chimney flue in that it will potentially give rise to smoke and soot blowing in the prevailing south/westerly wind direction. They have mentioned that potential sparks from the chimney could be a fire risk. Two members of the Ravenscliffe Household have asthma, they have noted that they could be subjected to the possible nuisance of living in a smoke environment.

Assessment

1. The main considerations in the assessment of the application are a) land use compatibility b) whether the proposed development would adversely affect the setting of Harold Tower c) visual impact on the locality d) impact on amenity of local residents e) parking and highways safety. These considerations are set out in the assessment below.

Land Use

1. The land is zoned as predominantly residential identified on the Douglas Local Plan, therefore the use of the land as residential is considered to be acceptable in principle.

Impact To The Setting Of Harold Tower

1. The siting of the proposed dwelling as mentioned would be adjacent to the existing garage which is single storey in height. The proposed dwelling is not significantly different to the existing garage block in terms of scale and finish. It is considered that the proposed dwelling would respect the other buildings and the existing layout of the site.

1. The existing boundary wall that surrounds the application site already identifies this area of land. Within the curtilage of Harold Tower the application appears separate to the main dwelling as the site is defined by the stone wall. It is considered that the site is sufficiently distant enough from Harold Tower not to have an adverse impact on the setting of the Registered Building.

Visual Impact On The Locality

1. As mentioned earlier the site is fairly well screened from view from the public highway. The proposed dwelling would be sited to the rear of the existing garages, and given the height of the boundary wall and the mature trees the proposed dwelling would not be highly visible from the public thoroughfare. It is considered that the proposal would not adversely affect the visual amenities of the locality.

Impact On Amenity Of Local Residents

1. In terms of the amenity of local residents, Raven's Cliff is the property most likely to be affected. Given the orientation of the proposed dwelling it would not look directly towards Raven's Cliff. The north west elevation would look towards Raven's Cliff but the dwelling has been designed

so no windows would be in the side elevation. Given that the dwelling is single storey this would also reduce the impact of overlooking.

1. Due to the design and orientation of the proposed dwelling it is considered that the proposed development would not unduly impact the amenity of local residents.

1. The concerns raised by the owner/occupier of Ravenscliffe House are not of sufficient weight to refuse the application.

Parking And Highways Safety

1. There is an existing access to Harold Tower off Douglas Head Road; this will also be used to serve the application site.

1. The applicant’s agent has provided information regarding parking and has confirmed that there is sufficient parking for approximately 26 cars within the curtilage of Harold Tower.

Conservation Officer’S Supplementary Report:

1. As the property is a Registered Building (RB 179), the content of this application has been considered with particular regard to POLICY RB/5 ALTERATIONS AND EXTENSIONS and RB/3 GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man and Environment Policies 32 of the Isle of Man Strategic Plan (20th June 2007).

1. Environment Policy 32 states: “Extensions of alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.”

1. “Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications

The issues that are generally relevant to the consideration of all registered building applications are:

• The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building’s entry in the register;
• The building’s setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).”

1. “RB/5: Alterations and Extensions

In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

1. Registered Building consent is required for the building’s alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

1. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

1. The main house, Harold Tower, is a Registered Building (RB179), so consideration needs to be made of the impact of these proposals on the setting of the Registered Building. The proposed is located on an area of the site currently given over to raised plant beds associated with the garden and landscaped grounds and physically separated from the setting of the main house by a crenellated random rubble wall and mature oak trees. The proposed is set between a number of existing outbuildings including Glass Houses, Garden Stores and Garages which are not individually of particular merit.

1. The proposed is single storey, of modern vernacular style, finished in smooth painted render with a natural slate roof. This design and its location on the site is not considered to have an adverse impact on the setting of the Registered Building and is therefore acceptable.

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. 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.

1. The Manx Electricity Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

1. The owner/occupier of Ravenscliffe House, Fort Anne Road, Douglas is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

1. The Isle of Man Water and Sewerage Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 09.11.2011

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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 permission relates to the erection of a dwelling (comprising amendment to PA 08/01951/B) as shown in drawings 702/020, 702/021, 702/022 and 01 Survey received 24th August 2011.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Permitted Date : 14 November 2011

Signed: Michael Gallagher Director of Planning and Building Control

OR

Signed: Jennifer Chance Development Control Manager