Officer Report

Application No.: 16/00227/B Applicant: Douglas Holdings Ltd Proposal: Erection of five terraced dwellings with parking to rear of properties and associated landscaping Site Address: Land At Tennis 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

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE INTERIM DIRECTOR OF PLANNING AND BUILDING CONTROL DIRECTORATE

1.0 SITE - 1.1 The site represents a parcel of undeveloped land located along the northern side of Tennis Road and west of Brunswick Road within Douglas. The site which is flat in topography is screened from public views, given an existing mature roadside hedgerow which runs along the south boundary of the site and fronts onto Tennis Road. Set behind this hedgerow a total of six trees can be found within the site. - 1.2 The properties along Tennis Road are made up of a mixture of traditionally styled properties and more modern properties as well as single, two and three storey properties. A good example of this variety can be found with the neighbouring properties which adjoin the site. To the east is a pair of semi-detached traditional properties, whist to the west is a two storey apartment block of a 1970s appearance.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of five terraced dwellings with parking to rear of properties and associated landscaping. - 2.2 The proposed terrace would be attached to the gable end of Nr 4 Tennis Road which currently is part of a pair of traditional semi-detached dwellings. Accordingly, if the proposal was approved and constructed, these existing semi-detached properties would become part of the proposed terrace of five dwellings. - 2.3 Each of the terraced dwellings would accommodate four bedrooms at first floor and within the roof space, whilst a ground floor level there would be a kitchen/family room, toilet and lounge. Each property would have a garden to the rear access via the bio-folding doors to the rear of the dwellings. Parking would be provided via the rear 10 space car parking area which would be used by the future residents.

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:

• (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."

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:

• (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."

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:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9

and 10;

• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance

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 Plot 2, Albany Road, Douglas - Erection of a detached dwelling with associated landscaping 16/00237/B - PENDING CONSIDERATION

5.0 REPRESENTATIONS - 5.1 The Douglas Borough Council have objected to the application for the following reasons (received on 17.03.2016):-

"objection on the grounds that the number of dwellings proposed represents an over-intensive use of the site."

5.2 Department of Infrastructure Highways Services do not object subject to a Section 109a agreement required (received on 03.03.2016). - 5.3 The Senior Biodiversity Officer - DEFA comments (received on 23.03.2016) that; "Tree report notes two trees 170 and 153 which are hollowed, this suggests potential for bats, therefore I recommend getting a view on whether the site is used by roosting bats. If this were to be the case then protection or mitigation would be appropriate." - 5.4 The Arboricultural Officer - DEFA makes the following comments (received on 15.03.2016):

"Note that whilst I can't really object to the removal of the existing trees I do have wider concerns about the loss of green space and the contribution of these applications to the loss of urban tree canopy cover in the area. The visual impact will be most greatly felt from Tennis Road (16/00227/B) where the street scene is currently dominated by the presence of the trees between numbers 4 and 14 Tennis Road. The Google street view image is below and my own photographs (taken Feb 2016) are attached.

The applicant doesn't appear to have provided much detail with regard to the replanting. For example, what size are the trees going to be? How will they be secured in place? and what maintenance schedule will be put in place to ensure their survival? The applicant also needs to demonstrate that adequate soil volume can be provided and that the rooting environment will provide the conditions required for the trees to thrive. The latter can be difficult where soils have been compacted through construction activity."

5.5 The owners/occupiers of 4 Tennis Road, Douglas have objected (received on 24.03.16) to the application which can be summarised as; concerned that the process of adjoining could cause damage to our property; From the plans, it would appear that, as the new dwellings will not be as high as our property, a portion of our gable wall will remain exposed. Maintenance of that remaining portion would prove extremely problematic; style of the proposed dwellings does not appear to be

• in keeping with other houses in the area or the existing two properties; overly intensive use of the available space, as is evidenced by the width of the proposed properties in relation to the two existing houses; Tennis Road is wholly within a conservation area and should areas seek to identify and protect 1) The quality and detail of contemporary buildings 2) The quality of enclosure, spaces between buildings and vistas along streets 3) The presence of green open spaces and trees as "breathing spaces" ; We do not see how any of these points would be adhered to if the proposed plan were to go ahead ; result in increased traffic flow and parking issues on an already busy road and garden area of our property is likely to suffer overshadowing/loss of light.
• 5.6 The owners/occupiers of Ancrage, Tennis Road, Douglas have objected (received on 15.03.2016) to the application which can be summarised as; site is within a Conservation Area and nowhere within the existing area is such a high density of housing on such a small area of land; not in the style of the majority of Victorian houses in Tennis Road; loss of views; loss of trees and wildlife habit destroyed; increase in traffic and extra car parking along the road;' highway safety concerns; the lane shown in the plan as an exit for the proposed houses is not a "made up " road; the same lane is used by persons living in Selborne Road for putting their bins out, which will obstruct traffic; and concerns of noise and disruptions during construction period.
• 5.7 The owners/occupiers of Ivydene, 3 Tennis Road, Douglas have objected (received on 15.03.16 & 24.03.16) to the application which can be summarised as; overdevelopment of the site; access to the rear will have an adverse impact on neighbouring properties, particularly regarding refuse collection; increase in traffic and extra car parking along the road; and the concept of the Conservation Area places great store on breathing spaces, local character and spaces between buildings, it is hard to see how cramming 5 terraced houses into every available foot of space across the green space, it would neither preserve or enhance the appearance and character of the Conservation Area.

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.

• THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE/CONSERVATION AREA
• 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' 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 and mature hedgerow along Tennis Road, between 14 and 4. 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 development. It is also not known if the site was ever proposed to is development i.e. continue the terrace from Nrs 2 & 4 Tennis Road. It is clear from the appraisal that the area is generally character by built development by variety of styles, designs and types of properties over a number of periods, including terraces. - 6.10 Without doubt the removal of the trees (tree felling licence required) and the hedgerow (no permission is required to remove this at any stage) and replacement with the proposed dwellings, will have an impact upon the character of the street scene due to the increased level of built development, compared to the more nature appearance of the existing site. However, as outlined within the Conservation Appraisal document, the general character of the area is of dwellings and terraces. - 6.11 Consideration still needs to be given to EP35 which requires any development to preserve or enhance the Conservation Area. Furthermore, as indicated the removal of the 'green space' will also change the street scene. The proposed five terraced dwellings do not follow the traditional nature of properties found along Tennis Road, but offer a more contemporary taken on the traditional terraces. It is also important to note that Tennis 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 does create a "breathing space", the development of which would remove the only remaining area of green space along Tennis Road. The Arboricultural Officer - DEFA has commented during the pre-application stage that; "I concur with the report's (Tree Survey undertaken by a Tree & Landscape management Consultant) findings that the existing trees on the site are either low value, have a limited span or are likely to cause conflict with the neighbouring properties if left. On this basis, for the design proposed, I would not object to the removal of the trees if some replanting were to take place. There are still trees/landscaping which provide a level of greenery within the street scene, being located within gardens of the properties along Tennis Road. The submitted plans do show a new tree and additional landscaping would be planted within the front gardens of the proposed properties. Although it should be acknowledge that such tree would unlikely ever be of a height or scale as the existing trees. However, they could be beneficial to the visual amenities of the street scene and the application site, by matching similar landscaping found along the roadside frontages of the properties in the area. A landscaping condition could be attached to ensure the landscaping is provided.
• 6.14 Overall, whilst the proposal will alter the appearance and charter 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 Policy 35 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. Given the size of the site and number of dwellings, all properties adjacent or opposite to the site will be impacted by the development. 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 issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.
• 6.16 In terms of overlooking a general guide which the Department utilises is the 20 metres distance, which is taken between windows which face directly towards each other and where any less distance would result in what would often be considered an uncomfortable interrelationship through people being able to see fairly clearly into the others’ windows. This occasionally is reduced within towns. In this case all the proposed dwelling’s first floor windows and dormer windows would be located approximately 20+ metres from Nr 5 Tennis Road which is opposite the site to the south, across Tennis Road. The ground floor windows would be 18.8+ metres from the windows within Nr 5. It was noted when visiting the site the roadside boundary of Nr 5 comprised a 1.2 metre high rendered wall with a number of bushes behind. The dwelling is also located 4.2 metres back from the footpath. Whilst the ground floor windows are within 20 metres, it is noted that views are already achievable from Tennis Road into the ground floor windows of Nr 5 and therefore privacy into these neighbouring rooms is impacted to a degree by this already. Due to this and as the proposed additional ground floor windows would be located at least 18.8 metres away and due to intermittent bushes to the roadside boundary of Nr 5, it is considered the impact of the development through overlooking would not be so significant to warrant a refusal in this case.
• 6.17 In relation to overbearing impacts upon outlooks of neighbouring residents, again the occupants of Nr 5 Tennis Road would likely be affected most by the development. However, given the distance the proposed dwellings would be from existing property, the design and height of the dwellings, it is considered the proposal would not unduly affect neighbouring properties to warrant a refusal on this ground.

6.18 Regarding the potential to loss of light; the property most likely to be affected by the development would be Nr 4 Tennis Road. However, given Nr 4 has a blank gable elevation facing this site and as Nr 4 also has a substantial two storey outrigger to the rear of the main dwelling house, and given the size, siting and design of the proposed dwellings; it is considered there would be little or no loss of light to the main dwelling house or to the rear garden area of Nr 4. - 6.19 Overall, whilst the proposed development will have an impacts upon existing neighbouring properties, it is considered for the reasons given that the proposed development would not have an 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 - 6.20 A number of concerns have been raised in relation to the additional traffic generated by the proposed development and whether the existing highway network can accommodate this increase in parking in the area. - 6.21 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 10 off street parking spaces to the rear of these dwellings i.e. 2 per dwelling. Accordingly, the parking provision complies with the requirements of the IOMSP. - 6.22 Highway Services have consider 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:

• (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, in this case Department of Infrastructure Highway Services 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. As such, other Divisions of Department of Environment, Food and Agriculture should not be afforded interested person status in this case.

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/occupiers of 4 Tennis Road, Douglas
• 8.3 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 not 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/occupiers of Ancrage, Tennis Road, Douglas The owners/occupiers of Ivydene, 3 Tennis Road, Douglas Recommendation Recommended Decision: Permitted Date of Recommendation: 02.06.2016 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 development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning 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. Two parking spaces are required to be allocated to each dwelling hereby approved and retained thereafter. Reason: To ensure that sufficient provision is made for off-street parking for each dwelling.
• C 5.

No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new tree planting showing, type, size and position of each and other landscaping within the site. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths, fences, walls and hard surfacing materials and any fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwellings hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• C 6. Prior to the commencement of any work on site or the removal of any vegetation associated with this approval, a survey must be undertaken in respect of two trees 170 and 153 which are hollowed, which suggests potential for bats, to determine whether the site is used by roosting bats. If this is the case then a report detailing appropirate protection or mitigation measures must be approved by the Department and the development undertaken in accordance with these details. Reason: to accord with the provisions of the Wildlife Act 1990.

This approval relates to drawings reference numbers P10-100, P10-102, P10-103, P10-105, P10106, P10-104 and P10-101 all received on 25th February 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:…20.06.2016

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

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