DEC Officer Report

Application No.: 19/00426/B Applicant: Mr Mark Simpson Proposal: Erection of a detached swimming pool building Site Address: 17 Ballanard Woods Ballanard Road Douglas Isle of Man IM2 5PQ Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.09.2019 _________________________________________________________________

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 exterior finishes on the swimming pool building shall match the main dwelling where shown in the approved elevation drawing. Reason: In the interests of preserving the character and appearance of the site.
• C 3. Within 6 months of this approval decision becoming final, a tree replanting scheme shall be submitted to and approved by the Department showing the species and exact location of no less than 4 new trees to be planted on the site, along with details on how they will be planted and maintained until they have successfully established. All works approved in this replanting scheme shall be carried out in full within 6 months of the removal of the existing trees shown in the approved drawings. Reason: In the interests of the visual amenity of the site and the protection of trees. Plans/Drawings/Information:

This decision relates to the following plans and drawings, date stamped received on 11th April 2019:

• o Location Plan

• o Site plan existing
• o Site plan proposed
• o Existing and proposed plans and elevations _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of 17 Ballanard Woods, a large modern detached dwelling off the Ballanard Road to the north of Douglas. The site forms part of a cluster of large dwellings sharing an access onto the main road. - 1.2 The site itself features a hipped roof two storey dwelling, with a garage building in the south corner of the site. There is a large garden extending northwards from the dwelling. There is a landscaped area with planting and trees to the immediate west of the dwelling. Beyond this surrounding the corner of the site is a large area of open land sloping upwards to the rear.

2.0 THE PROPOSAL - 2.1 Proposed is the erection of a detached single storey swimming pool building containing a 13.5x5.2m pool, with associated facilities. The building would be access via a doorway and steps leading down from an extended patio area around the dwelling, and from three folding patio doors on the north west elevation. Finish would match that of the main dwelling, with painted render walls on three of the elevations, stone finish on the main (rear) elevation and a hipped roof. No windows openings are proposed for the side elevations, with to narrow windows on the front (south). The building itself would be set into the ground by just over 1 metre lower than the main dwelling, with total height to the ridge 5.9 metres. Solar panels are also proposed for the south roof pitch (front). - 2.2 The total floor space of the building when measured externally would be 153m2.

3.0 PLANNING POLICY - 3.1 The proposal site is within an area of Low Density Housing in Parkland, as per the Douglas Local Plan 1998. - 3.2 For this reason, General Policy 2 of the Isle of Man Strategic Plan 2016 is relevant:

"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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality."

3.3 In addition, Planning Circular 8/89 LOW DENSITY HOUSING IN PARKLAND is relevant given the nature of the site and its zoning. It states that such areas "are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in towns or the countryside, such sites make a positive constribution to public amenity."

- 4.0 PLANNING HISTORY

4.1 The planning history for this site relates mainly to the approval for the dwelling and garage, as well as those in neighbouring sites. There are no planning conditions on past approvals which restrict further development of the site. - 5.0 REPRESENTATIONS

5.1 Douglas Borough Council have no objection to the proposal (26.04.19).

5.2 DoI Highway Services have stated that there is no highways interest in the application (01.05.19). - 5.3 DEFA Forestry commented on the application on 30.04.19. They do not object to the loss of the 3 trees on site but request that their loss is mitigated by 4 new trees being replanted. A replanting plans should show the exact location of the new trees, state the species/cultivar using scientific names and provide details of how the trees will be planted and maintained until they have successfully established.

- 6.0 ASSESSMENT

6.1 The main considerations in the assessment of this application are the visual impacts on the site and Ballanard Woods, as well as the potential impacts on the amenity of neighbours. Also to be considered is the principle of the proposal and the impact on trees.

6.2 Visual Impact

• 6.2.1 From Ballanard Road, the building would not be visible, and from the residential road in Ballanard Woods, it would be partly screened from view by both the main dwelling and the existing garage which would remain in front of the proposed building. The siting of the proposed pool building close to the dwelling and garage, and its lower height than the main dwelling would reduce the likelihood of the site appearing overdeveloped or compact. Ballanard Woods is characterised by large spacing between dwellings and such an building would not appear out of place. In many ways, it reflects the type of development described in Planinng Circular 8/89 in this regard.
• 6.2.2 The use of similar design to the main dwelling including finishing and the roof would further allow the building, despite its large size, to fit with the existing buildings. Visually, the impact of built development on the site would increase, but it is not considered that the proposal would be unacceptable in this regard, according with General Policy 2 (b,c,g).
• 6.3 Impact on Neighbours

• 6.3.1 Given the siting, impact on existing neighbours would not be likely. Any neighbour most likely to be impacted would be a future dwelling to the south east through risk of overlooking. The two narrow side elevation windows however would more likely serve to reduce the privacy of the residents of the site rather than vice versa. Although again, this is unlikely.

6.4 Principle of the development

• 6.4.1 The main issue of consideration therefore is the principle of the pool building itself, especially given its size. From distance, it may have the appearance of a separate dwelling, and the land designation "Low Density Housing in Parkland" carries a presumption against the intensive development of residential plots in the area.

• 6.4.2 It is evident that the building is designed as a swimming pool which would take up the majority of the significant 153m2 floor space, with large amount of glazing to the north and small ancillary rooms. The risk of the building being used for other uses such as residential are seen as slim but the use of the building should be guaranteed via a planning condition. Such a

proposal would not be acceptable in most residential areas, however given the siting of the proposed building within the location of Ballanard Woods, it is acceptable.

6.5 Trees

• 6.5.1 In addition, it is considered that, following comments from the DEFA Arboricultural Officer on 30th April 2019, a tree replanting plan should be submitted showing details of mitigation planting for the loss of the three trees on the site. The officer recommended 4 trees to be planted, all of which should be a species capable of being a large tree (15+m) at maturity. This should be conditioned to ensure the protection of the character and appearance of this area of low density housing in parkland.

- 7.0 CONCLUSION

7.1 In summary, the proposal is in accordance with the local plan and Strategic Plan and Planinng Circular 8/89 and the application is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o Whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o Whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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 : 04.09.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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