13 February 2012 · Delegated
White Lodge, 16, Marathon Road, Douglas, Isle Of Man, IM2 4hl
The proposal sought in-principle approval to add two semi-detached houses with garages and one detached house with an integral garage to the existing curtilage of 16 and 16A Marathon Road, Douglas. The site is rectangular and slopes from Marathon Road down to Victoria Road, with Clarecourt to the south and The Chapel House to the north. Because of the site's narrow width, fitting three dwellings required a tandem layout, with the semi-detached pair positioned close to the shared boundary with Clarecourt and their gable ends facing Marathon Road to allow access to the rear plot. While the site sits within a residential designation and the principle of housing was not disputed, the specific layout generated four decisive planning failures. The backland arrangement would deliver a poor standard of amenity for the new dwellings. Orienting the semi-detached houses gable-end to the highway would harm the Marathon Road streetscene.
The application was refused on four grounds: the backland layout would give the new dwellings a poor standard of amenity; the gable-end orientation of the semi-detached houses to Marathon Road would harm the streetscene; the proximity of those houses to Clarecourt's boundary would cause unacceptable harm to that neighbour; and the access could not provide the required visibility splays, prejudicing highway safety. These failures meant the proposal could not comply with Environment Policy 42, General Policy 2, or Transport Policy 4 of the Isle of Man Strategic Plan.
Refusal Reasons
General Policy 2
Isle of Man Strategic Plan
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. 6.3 Development outside of areas zoned for development
Environment Policy 42
Isle of Man Strategic Plan
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.''
Transport Policy 4
Isle of Man Strategic Plan
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
