10 July 2024 · Committee
Eastfield Care Home, Eastfield, Douglas, Isle Of Man, IM1 4au
Permission was granted for the demolition of the former Eastfield Mansion House nursing home and its outbuildings, and the construction of five new four-bedroom dwellings on the site in Eastfield, Douglas. The proposal also included associated parking, amended access, drainage improvements, and landscaping. The site is within a Conservation Area and is bounded by hedgerows and mature trees fronting onto Eastfield and Westmount. The surrounding area is characterised mainly by terraced properties. The officer's report identified the impact on the character and appearance of the Conservation Area as a key issue, alongside the principle of development, effects on neighbouring residents, traffic and parking, trees, and energy considerations. The application was approved by committee on 10 July 2024, subject to 11 conditions.
The application was approved by the Department of Environment, Food and Agriculture on 10 July 2024. Key planning issues considered included the impact on the character and appearance of the Conservation Area, the principle of development, effects on neighbouring properties, traffic and parking, trees, and energy. The officer also recommended approval, and the decision was consistent with that recommendation.
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Environment Policy 39
The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area
Environment Policy 39: The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. 7.33 Archaeology 7.33.1 Archaeological remains provide irreplaceable evidence of human activity. The Isle of Man's archaeological heritage is the result of human activity over many thousands of years. It is a finite and non-renewable resource and is, in many cases, highly fragile and vulnerable. An understanding and management of the Island's archaeological heritage is essential to ensure it survives in good condition and is not needlessly or thoughtlessly destroyed. It contains irreplaceable information about the history of the Island and is part of our national heritage. Archaeological remains are valuable for their own sake and for their role in education and tourism. As a signatory to the Valetta Convention (The European Convention for the Protection of the Archaeological Heritage 1992) the Isle of Man has international obligations in the iden tification, recording, protection, conservation and management of its archaeological heritage.
Strategic Policy 4
General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
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
POLICY CA/2
When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
POLICY CA/6
POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose
Condition 1
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 3
3. For the avoidance of doubt the solar panels hereby approved are required to be integrated solar panels (in-roof solar panels) installed so they run flush with the external roof plane rather than being installed on top of the roof tiles/slates. Reason: In the interests of visual amenities of the area and the individual property and the character and appearance of the Conservation Area.
Condition 4
4. No development shall take place until full details of soft and hard 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 planting showing, type, size and position of each. 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 kennel extension, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to all boundaries of the dwellings. The hard landscaping works shall be completed in full accordance with the approved details prior to the occupation of any dwelling. Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.
Condition 5
5. Prior to the occupation of any dwelling hereby approved the parking and turning areas shall be completed and ready for use in accordance with the approved drawing P-101 REV B. 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. Further, two off road parking spaces shall be allocated to each dwelling and all retained thereafter. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Condition 6
6. Prior to the occupation of any dwelling hereby approved the visibility plays of 2.4m x 43m in both directions and as shown on approved drawing P-101 REV B shall be provided and shall be kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
Condition 7
7. Prior to the occupation of either dwelling on Plot 1 or Plot 5 the bat and bird bricks as shown on drawing P-102 REV A shall be completed and retained thereafter. Reason: In the interests of biodiversity.
Condition 8
8. Prior to the installation of each of the following features, there must be submitted to and approved by the Department samples or large-scale (1:20 or better) detailed drawings of the relevant feature or features to front elevations, including: - a) String course; - b) hood mouldings; - c) Front door, to include window details above; - d) Render details; - e) Details below eves; and - f) Details of features to top section of bay windows. The development shall not be occupied until the above features have all been installed in accordance with the approved details and they shall be retained as such thereafter. Reason: In the interests of the visual amenities of the area.
Condition 9
9. Prior to the occupation of any dwelling hereby approved the front garden wall with decorative railings above and gate as shown on drawing P-103 REV A shall be completed and be retained thereafter. - Reason: In the interests of the visual amenities of the area and the character and appearance of the Conservation Area.
Condition 10
10. Prior to the occupation of any dwelling hereby approved all bike and bins storage as shown on drawing P-101 REV B shall be completed and ready for use and retained thereafter for that purposes. Reason: To ensure adequate bin and cycle provision.
Condition 11
11. All existing trees shall be retained, unless those shown on the approved drawings BTC2924-TIP REV A as being removed. All trees on and immediately adjoining the site shall be protected from damage as a result of works on the site as shown on drawing BTC2924-TPP and approved documents Arboricultural Impact Assessment dated March 2024 and Tree Root Protection system GEOWEB to the satisfaction of the Department in accordance with British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) for the duration of the works on site and the development is completed as shown on drawings BTC2924-TPP. In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department. Reason: to ensure the continuity of amenity afforded by existing trees and the character and appearance of the Conservation Area.
demolition elements relating the current application
Demolition of former nursing home and outbuildings, and the creation of five new 4 bedroom dwellings with associated garages, parking, amended access, amended drainage, and landscaping
Registered Building consent for demolition elements to PA 23/00526/B
Demolition of all existing buildings on site
Conversion of former care home to residential dwelling
Registered Building consent for the demolition elements relating the application 20/00280/B