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| Application No.: | 14/00688/B |
| Applicant: | Mr & Mrs David Swanson |
| Proposal: | Erection of a dwelling with detached garage and greenhouse/shed |
| Site Address: | Land At Clarecourt Marathon Road Douglas Isle Of Man |
1.1 The application site is currently part of the garden of the residential curtilage of Clarecourt, Marathon Road, Douglas. Due to the sloping topography of the garden it has split levels, with the application site being the lower part of the garden.
1.2 The site has a roadside frontage onto Victoria Road, formed by a 2 metre high stone wall, with pedestrian access within, and mature bushes which project above the wall. The north-eastern and south-western boundaries are characterised by mature bushes/hedgerows but also some mature trees, albeit along the southwest boundary of the site they are within the neighbouring ownership.
2.1 The application seeks approval of the erection of a dwelling with detached garage and greenhouse/shed.
2.2 The dwelling would have a pitched roof and would directly face onto the highway and would have a width of 10.8 metres, a maximum depth of 13.6 metres (including rear conservatory) and a ridge height of 10.3 metres. The proposed dwelling would be finished in a smooth render with slate tiles to the roof.
2.3 The detached garage would be set 4.5 metres in front of the front building line of the proposed dwelling and would run along the roadside boundary. The garage would be an unusual design having a shallow lean-to roof which would be covered with a Sedum covering, whilst the garage doors would have a grey tinted mirror finish. A stone wall which currently forms the roadside boundary, will be demolished and rebuilt, albeit slightly repositioned in order to achieve visibility splays. This will form part of the new garage wall.
2.4 There would be an area of hard standing to the front of the property for parking and manoeuvring.
| Case Officer: | Mr Chris Balmer |
| Photo Taken: | 24.06.2014 |
| Site Visit: | 24.06.2014 |
| Expected Decision Level: | Planning Committee |
2.5 To the rear garden of the new property, it is proposed to erect a single storey greenhouse/shed. This would run along north western boundary of the site, having a width of 5.8 metres, a depth of 5.7 metres and a ridge height of 2.6 metres.
3.1 The following applications are considered relevant to the determination of this proposal:
3.2 PA 13/00755/REM: Reserved Matters Application for erection of a dwelling and garage with greenhouse and shed. This application was refused on appeal for the following reason: "R 1. The proposal is contrary to Strategic Policy 5 and General Policy 2(b), (c) and (g) of the Isle of Man Strategic Plan 2007, in that the proposed development, if approved, would cause significant harm to the character and appearance of the street scene and area by reason of its siting, layout, form, scale and design."
3.3 PA 12/00771/A: Approval in principle for erection of a dwelling: This application was approved subject to conditions including one that required the reserved matters to demonstrate how the trees to be retained should be protected.
3.4 PA 10/00003/B - Creation of hard standing and vehicular access onto Victoria Road. This application was refused by the Planning Committee and this decision was upheld on appeal for the following reason: "The proposed vehicular access would be contrary to General Policy 2, Transport Policy 4 and 6 of the Isle of Man Strategic Plan 2007 in that: 1) the proposed vehicular access provides for no visibility of the adjacent footpath and would therefore present a serious risk of harm to pedestrian safety; and 2) the proposed vehicular access would result in vehicles overhanging the footway and main carriageway, which will result in vehicles that use Victoria Road having to manoeuvre around the vehicle entering and exiting the site, which will be detrimental to highway safety and the free flow of traffic."
3.5 PA 10/01277/B - Creation of hard standing and vehicular access onto Victoria Road. This application was refused by the Planning Committee for the following reasons: "R 1. Whilst the access is designed to meet highway standards, due to its location on a busy road, with cars parked directly opposite, the proposal would be likely to give rise to increased conflicts for highway users and thereby greater interruption to the safe and free flow of traffic." "R 2. The proposed works required to create the access, being a reduction in the height of the wall and the gap created in an otherwise continuous frontage, would be harmful to visual amenities and detrimental to the character of the area."
However, this decision was overturned on appeal and the application was approved. The Inspector presiding over the appeal made the following comments: "My colleague [the inspector who considered the appeal for 10/00003/B] considered the principle of access at this point and did not find any objection, provided the shortcomings of that design were addressed. Amendments have been made to the satisfaction of the Highways Division. The Planning Committee has however refused permission on highway grounds but has provided no evidence or witness at the inquiry to support their view. That is unreasonable, and gives no reason to refuse permission in this case.
With regard to the impact of the proposal on the street scene, the alterations would not be a break in a continuous wall, but a change to a walled frontage of varying heights and finishes, with breaks in it at various points. I agree that the access would make a change in character,
since it requires the gate to be set back. Bearing in mind that this locality has no special protection, I am not convinced that the appeal proposal would be a harmful change to the street scene."
4.1 The application site is located within an area that is designated as being Predominantly Residential use by the Douglas Local Plan Order 1998 Map No. 2 (South). The site is not within a Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following planning policies that are considered specifically relevant to the assessment of this current planning application:
4.3 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 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."
4.4 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."
4.5 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
4.6 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."
4.7 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."
4.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.9 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.10 Appendix 7 sets out the parking standards for different types of development. For typical residential: "2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
5.0 REPRESENTATIONS 5.1 Douglas Borough Council has no objection to the current planning application. 5.2 The Department of Infrastructure Highways Division have no objection. 5.3 Manx Utilities -Electricity request that the M.E.A. Planning Department are contacted to discuss the electricity supply for this application.
6.0 ASSESSMENT 6.1 The site had, until recently, an extant Planning Approval in Principle for the erection of a detached dwelling. This has now expired. However, in terms of planning policies and land use destination there have been no changes since this approval. The site is designated within the Douglas Local Plan. The site is also within a sustainable location within Douglas, close to shops, schools, bus routes, pedestrian links and services. The loss of the garden area is not seen as a reason to prevent development of this site as it currently does not contribute to the visual amenities of the street scene, given the garden is set behind a 2 metre high stone wall. The proposal would result in the loss of some of the rear garden of Clarecourt but a sufficient amount of land associated with that property would remain. For these reasons it is considered once again the principle of developing this site for residential use is acceptable. 6.2 The next issue to consider is whether the siting, layout, form, scale and design of the proposed dwelling would be appropriate for this site and the street scene. Visiting the area it was very evident that there is a mixture of building types, forms and designs in the area, which essentially is due to built development being undertaken over a number of years/periods. Accordingly, whilst the design of the proposed dwelling is unique in the area, this fact, in itself is not a reason to refuse the application. Although the proposed dwelling would project in front of the recently approved neighbouring dwelling to the rear of 16/16A Marathon Road, the Victoria Court apartment block (northeast of site) and the recently constructed apartment block to the southwest of site either have the same, or greater projection towards Victoria Road. Consequently this aspect of the proposal is considered acceptable.
6.3 The previous refused application did raise concerns; however, it is felt this scheme addresses these previously points by:
6.4 Overall, it is considered whilst the size and height of the dwelling is similar to what was refused, the alterations that have been made collectively, would result in a more appropriate dwelling for the visual amenities of the site and the street scene.
6.5 In relation to potential impacts upon neighbouring amenities the properties mostly likely to be affect would be the applicants current property 'Clarecourt' and the dwelling to the northeast of the site which is currently being constructed, in the rear garden of 16/16A Marathon Road.
6.5 In terms of impacts generally the main issues relate to loss of light, overbearing impact upon outlook and/or overlooking resulting in a loss of privacy. In this case it is considered the siting of the proposed dwelling in relation to neighbouring properties, and the design & size of the new dwelling would ensure there would be no significant impacts to neighbouring amenities to warrant a refusal. Arguably, the new design and siting is an improvement over the previously refused application which was not refused on the ground of impacts upon neighbouring amenities.
6.6 The access would be created by removing part of the existing walling and vegetation to achieve sufficient visibility splays. The area of hard standing to the front of the dwelling would be sufficient to provide off road parking for two vehicles and therefore complies with the parking standards set out in the Isle of Man Strategic Plan which requires two parking spaces per residential unit. Highway Services have no objection to the proposal.
7.1 For these reasons the proposals is considered to comply with the relevant polices of the Strategic Plan and the Douglas Local Plan and therefore recommended for an approval.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons 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 applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
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 not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Recommended Decision: Permitted Date of Recommendation: 15.07.2014
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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.
No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around/near any existing trees along the north-eastern boundary. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
This approval relates to Drawings reference numbers VRD/1405/1, VRD/1405/2, VRD/1405/3, VRD/1405/4, VRD/1403/1 and VRD/1404/2 all received on 3rd June 2014.
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: Committee Meeting Date:
Signed : ... Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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