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Application No.: 16/00237/B Applicant: Douglas Holdings Ltd Proposal: Erection of a detached dwelling with associated landscaping Site Address: Plot 2 Albany Road Douglas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 10.03.2016 Site Visit: 10.03.2016 Expected Decision Level: Planning Committee
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE INTERIM DIRECTOR OF PLANNING AND BUILDING CONTROL
1.0 SITE - 1.1 The site represents a parcel of undeveloped land located to the southeast of Albany Road and west of Brunswick Road within Douglas. The sites topography is sloping in nature running downwards in a north-easterly direction from the existing gated entrance of the site. The site is well screened from wider public views, given the site is set behind the existing properties along Albany Road and the properties in the area. The main view is when stood at the main entrance to the site which is located between Nrs 21 & 23 Albany Road; however, only the trees within the site are apparent. This existing access leads onto a private roadway which would serve the application site, but also a number of lock-up garages to the southwest of the site and a number of residential properties in the area. - 1.2 The properties along Albany Road are made up of a mixture of traditional and modern properties with a mixture of heights - single, two and three storey. A good example of this variety can be found with the neighbouring properties which adjoin the site, to the north and west of the site are two storey terraced properties (Nr 23-27 Albany Road), a modern detached bungalow (nr 21 Albany Road) and a modern two storey dwelling (Nr 17 Albany Road).
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a detached dwelling with integral garage and associated landscaping. - 2.2 The proposed dwelling would be two storey in appearance. The main aspect of the dwelling would have a rectangular footprint with a single storey front porch to the west elevation. - 2.3 The dwelling would accommodate five bedrooms at first floor, whilst at ground floor level there would be a kitchen/dining room, toilet, play/snug/den, utility, study and lounge. The dwelling would have a small front garden and a larger garden to the rear and a patio area to the side elevation, accessed via the patio doors within the lounge. Parking would be provided via the driveway which runs parallel to the north gable end of the dwelling.
3.0 LAND USE ZONING / PLANNING POLICIES - 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential Use" under the Douglas Local Plan. The site is within a Conservation Area.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island." - 3.4 Strategic Policy 1 states: "Development should make the best use of resources by:
3.5 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.6 Environment Policy 35 states: "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." - 3.7 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.8 General Policy 2 states: "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:
3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
and 10;
with Housing Policies 12, 13 and 14."
4.0 PLANNING HISTORY - 4.1 The current planning applications are considered relevant in the assessment and determination of this application: - 4.2 Plot 1, Albany Road, Douglas - Erection of a detached dwelling with integral garage and associated landscaping - 16/00236/B - PENDING CONSIDERATION - 4.3 Erection of five terraced dwellings with parking to rear of properties and associated landscaping - 16/00227/B - APPROVED - appeal dismissed.
5.0 REPRESENTATIONS - 5.1 The Douglas Borough Council have no objection (on 22.03.2016). - 5.2 Department of Infrastructure Highways Services do not object (on 07.03.2016) and make the following comments: "Applicant needs to provide visibility of 2 x 23 metres from proposed new drive. Nothing must be planted or erected within the splays which may exceed 1.05 metres in height." - 5.3 The Senior Biodiversity Officer - DEFA comments (received on 24.03.2016) that; Tree report notes trees 152, 153, 166 & 170 are hollowed, this suggests potential for bats, therefore I recommend a bat survey and if any evidence for bats is found then mitigation measures would be appropriate.
6.0 ASSESSMENT - 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the street scene/Conservation Area; (c) potential impact upon neighbouring amenities; and (d) potential impact upon highway safety. PRINCIPLE OF DEVELOPMENT - 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is designated as predominately residential use and therefore the proposal for additional residential development is acceptable in terms of complying with the land-use designation. - 6.3 Consideration should also be given to The Isle of Man Strategic Plan which has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 1 also indicates that the Douglas urban area will remain the main employment and services centre for the Island. - 6.4 More recently update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 2,440 new dwellings is required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings in required over this same period throughout the Island. Given Douglas is regarded as the main employment and
services centre for the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in or around Douglas.
6.6 Accordingly, given the above reason it is consider the principle of developing the majority of the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the principle of five dwellings on the site is appropriate.
6.7 The Department has a duty to determine whether such proposals are in keeping with not only the individual building/site, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.8 It is also important to consider the Character Appraisal of the Selborne Drive Conservation Area, which the site sites within. Within the Location and Townscape section of this appraisal it states the following:
"3.1 Upper Douglas is characterised by a number of small areas and distinctive neighbourhoods, which possess fine examples of terraced properties. It is a common feature that within such areas, a wide variety of house designs can be found and the influence of Georgian, Regency, Victorian Edwardian, and Arts and Crafts Periods are all recognisable and this unique mix gives vibrancy and vitality to the built fabric of the Island's Capital."
3.9 The appraisal goes on to state:
"3.18 The influence of Arts and Crafts is seen in a variety of other developments in the area, as found in Tennis Road and Sartfell Road. The Arts and Crafts approach to architecture seems to have injected local designers and builders with a confidence to introduce their own ideas, as well as adapting those of others. It should also be remembered that illustrations of house designs would be readily available in publications such as Country Life, or The Builder during the period when this area was undergoing major development."
6.9 There is no specific mention of the application site, in particular to the green space created by the trees. It is noted from mapping taken between 1950's & 70's that the site at one point was used as an allotment garden. However, more historical mapping does not appear to show the site ever being developed. It is also not known if the site was ever proposed to be developed. It is clear from the appraisal that the area is generally characterised by built development in variety of styles, designs and types of property over a number of periods, including terraces. - 6.10 Without doubt the removal of the trees and the erection of a dwelling will have an impact upon the character of the site and to lesser of a degree the street scene given the site does not form a prominent feature within the street scene along Albany Road due to its position setback behind the existing residential properties which run around the site. However, as outlined within the Conservation Appraisal document, the general character of the area is of dwellings and terraces and this would remain the case should the application be approved. - 6.11 The proposed dwelling does not follow the traditional nature of properties found along Albany Road, but offers a more contemporary design. It is also important to note that Albany Road does have a variety of properties and styles from a number of periods and arguably the introduction of the proposals would be additional to this.
6.12 Significant weight should also be attached to the Strategic Policy 1 of the IOM Strategic Plan. This indicates that developments should make the best use of resources by optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials; ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and services. It could be considered the proposal would comply with these requirements and being within the most sustainable settlement on the Island as well as sought in Spatial Policy 1, Strategic Policy 2 and Housing Policy 4. - 6.13 It is an undeniable fact that the piece of land referred to and neighbouring plots do create a "breathing space", within the development of which would remove the only remaining area of green space within the centre of existing built development. This matter is also raised within Environment Policy 42 which indicates that "…Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted.". However, it is considered the loss of "open or green spaces" in this case firstly does not contribute significantly to the street scene nor is it identified within the Area Plan as being "open or green spaces". It is also noted that there are areas near to the site that are designated as such; but this site was not considered to be of such quality or important when the Area Plan was adopted in 1998. - 6.14 Overall, whilst the proposal will alter the appearance and character of the area, it is not considered this change would be to the detriment of the Conservation Area or street scene and the proposal would preserve the Conservation Area and therefore comply with General Policy 2 and Environment Policies 35 & 42 of the IOMSP. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.15 The next issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. The properties most affected by the development would be Nrs 21 & 19 Albany Road, 25 & 27 Brunswick Road, Nr 4 Tennis Road and the dwelling proposed on Plot 1 which would be to the southwest of the proposed dwelling. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issues relate to overlooking resulting in a loss of privacy, overbearing impact upon outlook and/or loss of light. - 6.16 The proposed dwelling on Plot 2 is not considered to result in so significant an impact upon the residents of either Nrs 21 & 19 Albany Road to warrant a refusal, given the siting and design of the new dwelling, but also given the distance, boundary treatments, the siting of the rear garage block to the rear of Nr 19 in relation to the new dwelling and orientation the new dwelling would be in relation the two neighbouring properties. A condition should be attached which requires obscure glazing to the first floor landing and bathroom windows which faces towards these properties. - 6.17 The original scheme submitted did raise concern mainly by the proposed dwelling on Plot 1 having an overbearing impact upon the outlook of the future residents of the dwelling on Plot 2 (application site). However, following discussions with the applicant both proposed dwellings have been altered to overcome these concerns. Accordingly, it is now considered the impact would not be so great to warrant a refusal. - 6.18 Potential impacts upon the properties Nrs 25 & 27 Brunswick Road and Nr 4 Tennis Road would mainly occur through overlooking, given the first floor windows within the eastern and southern windows which serve bedrooms and bathrooms. In terms of distances between the proposed dwelling and neighbours all windows would be more than 20 metres away and therefore it is considered there would be no significant overlooking into the neighbouring properties. It is considered obscure glazing should be installed within the bathrooms windows to reduce the perception of overlooking.
6.19 Overall, whilst the proposed development will have impacts upon existing neighbouring properties, it is considered for the reasons given that the proposed development would not have a significant impact upon the residential amenities of the neighbouring properties and therefore complies with General Policy 2 of the IOMSP. POTENTIAL IMPACT UPON HIGHWAY SAFETY
6.19 In terms of off street parking provision the IOMSP requires each dwelling to be provided with two off road parking spaces. The proposal includes a total of at least 2 off street parking spaces within the integral garage and on the front driveway. Accordingly, the parking provision complies with the requirements of the IOMSP. - 6.20 Highway Services have considered the parking provision, access and impact upon the highway network by the traffic generated by the development and have raised no objection. Accordingly given these reasons and the lack of any objection from Highway Services it is considered the application from this perspective is acceptable.
7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the Conservation Area/street scene, impacts upon neighbouring amenities, or result in significant impact upon the on street parking in the area. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. As such, other Divisions of Department of Environment, Food and Agriculture should not be afforded interested person status in this case.
Recommendation Recommended Decision: Permitted Date of Recommendation: 28.09.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This approval relates to drawings reference numbers P10-200, P10-201, P10-202, P10-203, P10-204 and P10-205 all received on 12th August 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 17.10.2016
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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