Officer Report and Recommendation

Case Officer : Mr Steve Stanley Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

Introduction

1. This application seeks approval for the erection of a timber bridge walkway within the grounds of a plot located within Hillberry Green, Douglas. The site is part of the residential curtilage of a property known as Thie Ny Strooan, Hillberry Green, Douglas.

The Site

1. The application site is the curtilage of Thie Ny Strooan, Hillberry Green, Douglas. The pre-existing dwelling has recently been demolished and the part of the site on which it sat has been cleared awaiting the construction of a new dwelling which was approved under PA 12/00545/B (see planning history below). A water course runs through the site from north to south. The eastern half of the site rises towards Mountain Road and has mature tree planting within it. The section of the site closest to Mountain Road is more open but also has tree planting within it, focused mostly around the edges. The boundary with Mountain Road is formed by an earth bank. There is a timber gate situated at the southern end of the boundary onto Mountain Road.

The Proposal

1. The application proposes the construction of a timber foot bridge walkway to provide access across a stream which runs through the site.

Planning History

1. The site has been the subject of previous planning applications, of which the following are judged to be relevant:

12/00021/B sought approval to make alterations and extension to the previous dwelling (now demolished). This was approved.

12/00512/B sought approval for the erection of a building to provide an indoor tennis court, squash court and gymnasium with timber bridge walkway through garden and new emergency and maintenance vehicular access onto Mountain Road. This application was withdrawn.

12/00545/B sought approval to replace the existing dwelling with a new dwelling. This was approved.

Development Plan Policies

Application No.:	12/00908/B
Applicant:	Mumba Holdings Ltd
Proposal:	Erection of a timber bridge walkway
Site Address:	Thie Ny Strooan Hillberry Green Douglas Isle Of Man IM2 6DE

1. The application site is partly in an area zoned as "Low Density Housing in Parkland" and partly in an area of Predominantly Residential use as identified by the Douglas Local Plan 1998. The section of the site that this proposed development would occupy is designated as Predominantly Residential use and as such the contents of Planning Circular 8/89 (Low Density Housing in Parkland) are not directly applicable however the provisions are set out for reference and completeness:

Planning Circular 8/89

"Areas of existing low density housing in parkland are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the island's Towns and Villages, and (b) those which are not.

In the case of (a)

Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted."

1. General Policy 2 of the Isle of Man Strategic Plan (20th June 2007) is judged to be relevant. This 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."

Consultations/Representations

1. Douglas Borough Council does not object to this application.

1. The owner/occupier of 18 The Laurels, Mountain Road, Douglas requests that they be kept informed of this application. They also make comments on the withdrawn planning application 12/00512/B.

1. The Department of Environment, Food and Agriculture (DEFA) Fisheries Division has commented on this application. They have requested further information from the applicant to allow their officers to further assess this application and the potential impact to the river. The applicant has liaised directly with DEFA and this matter has been resolved (see email on file).

Assessment

1. The site is designated for residential development. What is proposed is a timber footbridge within the site to allow pedestrian access across the stream which runs through the site. The scale and design of the structure would be acceptable and would not undermine the character of the area or the amenity of adjacent properties in any way which would justify approval.

Recommendation

1. Permit.

Party Status

1. The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The following party resides in a property the curtilage of which adjoins the application site. Accordingly it is judged that they meet the provisions of Planning Circular 1/06 and accordingly it is recommended that Interested Party Status be awarded to them:

The owner/occupier of 18 The Laurels, Mountain Road, Douglas.

1. The Department of Environment, Food and Agriculture should be awarded Interested Party Status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 03.09.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

O : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the erection of a timber bridge walkway, Thie Ny Strooan, Hillberry Green, Douglas as shown by 1207X001, 1207X002, 1207X003, 1207P001 and 1207P301 all received 22nd June 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 4.9.12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager