25 February 2019 · Committee
Annacur House, Annacur Lane, Douglas, Isle Of Man, IM2 2ea
Permission was granted for the erection of 16 dwellings with associated infrastructure and landscaping at Annacur House, Annacur Lane, Douglas, Isle of Man. The application was submitted by Hartford Homes Ltd and decided by committee on 25 February 2019. The site covers approximately 1.54 acres (0.6 hectares) and includes the property and associated land of Annacur House, located on the northern side of Farmhill Lane in Douglas. Key planning issues considered included the principle of development, visual and neighbouring amenities, highway safety, affordable housing provision, open space, and impacts on trees and wildlife. The officer recommended approval subject to a legal agreement, and the committee agreed. Permission was granted with 14 conditions attached.
The Department of Environment, Food and Agriculture approved this application on 25 February 2019. The committee considered key issues including the principle of development, visual and neighbouring amenities, highway safety, affordable housing, open space, and impacts on trees and wildlife, and found the proposal acceptable. Approval was subject to 14 conditions and a legal agreement.
Development should make the best use of resources
optimising the use of previously developed land
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used 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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
The Douglas urban area will remain the main employment and services centre for the Island
New development in existing settlements must be designed to take account of the particular character and identity
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.''
Development which is in accordance with the land-use zoning
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
New housing will be located primarily within our existing towns and villages
Housing Policy 4: 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. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to occupation of the development, visibility splays of 2.4m x 25m in both directions must be provided at the site access junction as shown on drawing no. ITB13547GA-002 revision D and the splays must be permanently maintained as such unobstructed thereafter with nothing above 1m in height within the visibility splay areas.
Condition 3
Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 003 REV F shall be provided and retained free from obstruction thereafter.
Condition 4
Prior to the occupation of each dwelling the road between Farmhill Lane and the dwelling shall be constructed to at least base course level.
Condition 5
All planting as shown on drawing 003 REV F (with the exception of the northwest boundary with Farm Hill Cottage) shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, 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.
Condition 6
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 7
Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TR-19918) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.
Condition 8
Prior to the commencement of the development hereby approved, details of all tree protection monitoring and site supervision by a suitably qualified tree specialist (where arboricultural expertise is required) shall be submitted to and approved in writing by the Department. The development thereafter shall be carried out in strict accordance with the approved details.
Condition 10
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 11
The proposed first floor bathrooms windows for Plots 9, 10, 11, 12, 13, 14, 15 & 16 shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.
Condition 12
All recommendations listed within Section 4.0 of the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust are to be full adhered to. Reason: To provide adequate safeguards for the ecological species existing on the site.
Condition 13
Prior to the commencement of the development, full construction details of the proposed footway between the site and the existing highway bend of Annacur Lane shall be submitted to and agreed in writing by the Department. The footway shall be constructed in accordance with the approved details prior to first occupation of the development.
Condition 14
The footway between Plots 6 & 7 shall be constructed in accordance with the approved details prior to occupation of Plots 4, 5, 6 & 7.
Condition 15
The north western boundary treatment (boundary with Farm Hill Cottage) shown on drawing 015 shall be constructed in accordance with the approved details prior to the commencement of Plots 12, 13, 14, 15 and 16 and retained thereafter. Reason: In the interest of neighbouring amenities.
