Officer Report

Application No.: 15/00713/B Applicant: Mr Arthur McHenry Proposal: Demolition of existing building containing two flats and erection of two semi-detached dwellings Site Address: Land at Cliff Cottage Larch Hill Grove Tromode Douglas Isle of Man IM4 4QB Case Officer : Mr Chris Balmer Photo Taken: 08.07.2015 Site Visit: 08.07.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is land at Cliff Cottage, Larch Hill Grove, Tromode which is a parcel of land which includes a detached two storey dwelling along the western side of Larch Hill Grove.

2.0 PROPOSAL - 2.1 The application seeks approval for the demolition of existing building containing two flats and erection of two semi-detached dwellings. The proposed dwelling would have a combined width of 14.4 metres, a depth of 10.7 metres and a maximum height of 11.4 metres (west elevation). The dwellings are split level due to the topography of the site, with the front elevation appearing two storey when view from Larch Hill Grove and three storey to the rear.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of two previous planning application that could be considered material to the assessment of this current planning application: - 3.2 Approval in principle for the erection of two detached dwellings to replace existing building 10/01457/A - APPROVED - 3.3 Planning application 10/01183/A sought approval in principle for the erection of three dwellings to replace the existing building on the same application site as the current planning application. This previous planning application was withdrawn by the applicant before any decision was made.

4.0 REPRESENTATIONS - 4.1 Onchan District Commissioners recommend that the planning application be approved (received on 27.01.16 Approved amended plans & 15.07.15 original plans) - 4.2 The Department of Infrastructure Highways Services do not oppose the planning application (received on 27.01.2016). - 4.3 The owners/occupants of 19 Larch Hill Grove, Tromode, Onchan have objected to the application (original scheme only received on 05.07.2015) which can be summarised as; loss of light during afternoon / evening sun through the rear windows of our property and over our back garden and deck; our back garden and deck / kitchen will be overlooked by the new property, given its

positioning and the location of the window at the side; and you will note from your site inspections that none of the other properties in the area have windows to the side, affording a certain degree of privacy to each home, which is particularly important given the dwellings' close proximity to each other. The proposed frosting on the glass does not allay my concerns in this regard.

5.0 PLANNING POLICY - 5.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2. Policy O/RES/P/19 of Planning Circular 1/2000 (the written statement to read in conjunction with the local plan) states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings." - 5.2 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: - 5.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

5.4 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:

• (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."

5.5 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."

5.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

6.0 ASSESSMENT - 6.1 The principal issues to consider in the assessment of the application are; the principle of developing the site for two dwellings; the impact upon the character and appearance of the street scene; the potential impact upon neighbouring amenities; and amenities for future occupants of the new dwellings. THE PRINCIPLE OF DEVELOPING THE SITE FOR TWO DWELLINGS - 6.2 The site is designated for residential development under the Onchan Local plan; there is an existing dwelling which the applicants indicates was converted into two flats on the site, and the previous application (PA 10/01457/A - now expired) accepted two dwellings in principle could be accommodated within the site. Due to these three reasons it is considered the principle of developing the site for two dwellings is considered acceptable. However, this is not an automatic reason to approve this current application, as the further issues raised in paragraph 6.1 of this report need to be considered. THE IMPACT UPON THE CHARACTER AND APPEARANCE OF THE STREET SCENE - 6.3 The application lies between two differing phases of development, according, the dwelling to either side, whilst both two storey to the front elevation, do differ in design and types of finishes, albeit some are similar with brick and render. - 6.4 The proposal would again add a slight different design, albeit similar in style and finish. The main difference of the proposals would also be a hipped roof design which differs to the gable ended properties in the area. The proposal does also include two projecting, two storey gables to the front elevation which draws similarities to the existing properties in the street scene. The proposals would also be set back from the two neighbouring properties Nrs 17 and Nr 19. Overall, whilst the proposals are different to the existing properties, it is considered the differences are not so great which would cause a significant harm to the character of the street scene to warrant a refusal. - 6.5 It should be noted that the proposal would result in the removing of the mature tree to the front of the site. This has been discussed with the Forestry Directorate who has no objection. It was noted that there are existing trees in the area; particularly opposite the site, on the other side of the estate road, and therefore the removal of this tree would not significantly affect the appearance of the area. THE POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.6 The original scheme which was submitted proposed similar dwellings, but set further back into the site. This causes concerns of the neighbouring residents (Nr 19) and also concerns of the Planning Directorate, namely through loss of light due to the proposed siting and height of the proposal. - 6.7 Following this, discussions where had between the applicants and the planning directorate, where it was agreed that moving the dwelling further forward would be beneficial to neighbouring amenities. - 6.8 Accordingly, given the dwellings new position in relation to the neighbouring property; namely Nr 19, it is considered the proposal would not have a significant impact upon the amenities through loss of light of this property to warrant a refusal. Light would be lost, but this would be mainly to the gable elevation (no windows within) of Nr 19 and the parking area. The windows within the gable elevation of the proposed dwelling would be small, obscure glazed and serve landing windows (i.e. non- primary habitable rooms) and therefore it is not considered there would be any significant level of overlooking and/or the perception of being overlooked to warrant a refusal. In terms of the proposals having an overbearing impact upon outlooks from Nr 19, again

• given the new position, which is essentially set back from the rear elevation of Nr 19 and not projecting beyond the front elevation of Nr 19, it is considered the proposal would have little impact upon the outlook of the occupants of Nr 19.
• 6.9 Regarding the potential impact upon the occupants of Nr 17, it was noted this property is set at an angle to the application site and therefore there are no directly facing windows towards the proposed dwelling. Essentially, the gable of Nr 17 would face towards the site. There may be impacts upon the outlook from the rear garden, as angular views would be achieved of the south gable elevation of the proposals. However, it is not considered such views would be significantly affected. Furthermore, the proposal includes the demolishment of the existing dwelling which sits immediately to the rear boundary of Nr19 and therefore any potential impacts by the proposed development would be significant outweighed by the removal of the existing dwelling. AMENITIES FOR FUTURE OCCUPANTS OF THE NEW DWELLINGS
• 6.10 The proposal in terms of internal amenities would be appropriate, each with four bedrooms, two bathrooms, lounge, and a kitchen diner. The principle living rooms would have views of the rear gardens and beyond to the rear boundary mature trees giving a pleasant outlook. The outdoor amenities (i.e. garden areas) are again considered appropriate in terms of size and whilst "L shape" in shape are usable and larger than most in the immediate estate.

7.0 RECOMMENDATION - 7.1 Based on the above assessment it is concluded that the two dwellings are acceptable and comply with the relevant planning policies within the Isle of Man Strategic Plan and the Onchan Local Plan. It is therefore recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

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.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupants of 19 Larch Hill Grove, Tromode, Onchan

Recommendation Recommended Decision: Permitted

Date of Recommendation: 17.02.2016

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. 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.

• C 2. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate off-street parking.
• C 3. The development hereby approved shall not be occupied until the parking areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 4. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the northern and southern elevations of the stairway windows window and shall be maintained as such thereafter. Reason: To preserve the amenities of the occupants of the adjacent dwelling.
• C 5. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning and Building Control Directorate and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted. Details of the soft landscaping works include additional planting adjacent to the front driveway area and along the eastern boundary of the site. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of the dwellings. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 6. No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees/canopy along the west boundary of the site. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material,

debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

This approval relates to drawings reference numbers 100A, 101, 01, 201B and 202A received on 25th June 2015 and 15th January 2016.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 24.02.2016 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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