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Mr K Graham 21 Alberta Drive Onchan Isle Of Man IM3 1LT
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr David Corris, Ref 13/00304/B, for the Erection of a dwelling at Land To Rear Of 16 And 16A Marathon Road Victoria Road Douglas Isle Of Man subject to compliance with the following condition(s):
Date of Issue: 31st May 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
| Application No.: | 13/00304/B |
| Applicant: | Mr David Corris |
| Proposal: | Erection of a dwelling |
| Site Address: | Land To Rear Of 16 And 16A Marathon Road Victoria Road Douglas Isle Of Man |
1.1 The application site is the curtilage of land to the rear of 16 and 16 A Marathon Road, Douglas. 16/16A has a frontage onto Marathon Road and extends to the south east, the land to the rear which is the garden area of 16/16A fronts onto Victoria Road. To the south is the detached property Clarecourt and to the north are The Chapel House and Victoria Court.
1.2 The 16/16A is split level as a result of the slope of the land. The Marathon Road elevation is single storey and the rear, Victoria Road facing elevation is two storeys. The boundaries shared with Clarecourt and The Chapel House is planted with mature trees and hedging, some of the trees have permission to be removed under a previous application. On the south eastern boundary there is a stone wall, there is currently an opening in the wall which is boarded up.
2.1 The application seeks approval for the erection of a two storey detached dwelling and the creation of a new access onto Victoria Road. The dwelling would be finished with smooth painted render and concrete interlocking tiles. The main part of the dwelling would be finished with a hipped roof with a two storey projecting gable at the front of the property. The dwelling would have a central chimney stack. The windows would be top opening casements with a centre transom constructed of u PVC. There would be an integral garage at ground floor level. The dwelling would have a number of different finish details to the front elevation.
3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application:
PA 10/01854/A Approval in principle for the erection of two blocks of six apartments to replace existing dwelling – refused
The application was refused for the following reasons:
R1. The proposed development would be contrary to General Policy 2 and Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2007 in that
| Case Officer: | Miss Laura Davy |
| Photo Taken: | 16.05.2013 |
| Site Visit: | 16.05.2013 |
| Expected Decision Level: | Officer Delegation |
R2. The indicative layout would be contrary to General Policy 2 and Recreation Policy 3 of the Isle of Man Strategic Plan 2007 in that:
R3. The indicative layout would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that its siting, design and layout would result in an unsatisfactory living environment for the future occupiers of the apartments as the separation distance between the two apartment blocks would allow overlooking and loss of privacy to occur.
R4. The indicative layout would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 by reason of is siting and design in that it would result in
R5. The proposed development would be contrary to Housing Policy 5 of the Isle of Man Strategic Plan 2007 in that the applicant makes no provision for any affordable housing within the scheme.
PA 11/01484/A Approval in principle for the erection of two semi-detached dwellings with attached garages and one detached dwelling with an integral garage - refused
The application was refused for the following reasons: R1. The proposal would represent inappropriate backland development which would result in a poor standard of amenity for the proposed properties, contrary to Environment Policy 42 of the Isle of Man Strategic Plan.
R2. The proposed layout would have an unacceptable impact upon the streetscene of Marathon Road in that in order to provide an access to the property to the rear, the proposed semi-detached houses would have to be orientated so as to be gable end on to the highway. This would fail to comply with General Policy 2 of the Strategic Plan, specifically parts (b) and (c).
R3. The development would cause unacceptable harm to the amenity of Clarecourt due to the proximity of the proposed semi-detached dwellings to the south eastern boundary of the site. As such the proposal would fail to comply with General Policy 2 part (g).
R4. As far as it can be ascertained from the information submitted, it would not be possible to provide the required visibility splays at the proposed access and as such the development would prejudice highway safety contrary to Transport Policy 4.
The neighbouring property "Clarecourt" has had a recent approval which is considered relevant in the assessment of the application.
PA 12/00771/A Approval in principle for erection of a dwelling
4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Douglas Local Plan (20th June 2007).Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 42 and Housing Policy 6 of the Isle of Man Strategic Plan (20th June 2007).
Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and underused 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.
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.
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 only 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 watercourses; 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; I) 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; n) Is designed having due regard to best practice in reducing energy consumption.
New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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.
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.
5.1 Highways Division do not oppose subject to the imposition of conditions
5.3 The Arboricultural Officer of the Department of Environment, Food and Agriculture has concerns regarding trees which are shown on plan. Approval was granted under PA 12/00771 to remove 7 of the boundary trees; however this was for the neighbouring site. Further details need to be provided. 5.4 The owner/occupier of Chapel House, 18 Marathon Road, Douglas objects to the application as they feel that it would result in overlooking and a loss of light to the property. They also note that the dwelling would affect their privacy into the rear of their house. They are also concerned that the dwelling will affect the views from their house and rear garden and there would be an increase in noise. They feel that money would be more wisely spent on the repair and upkeep of the property currently on site. 5.5 Manx Electricity Authority requests that the applicant contact the authority before commencing works.
6.1 The application seeks approval for the erection of a dwelling. The main issues to consider in the assessment of the application are the impacts upon the character and appearance of the street scene, the amenities provided as part of the development and the impact upon the amenities of local residents.
6.2 The site is within an area zoned as "Predominantly Residential" and therefore the principle of the development is acceptable. 6.3 Whilst the site is part of the rear garden of 16/16A Marathon Road, it is considered that there would still be a sufficient amount of garden area within the curtilage of 16/16A Marathon Road to provide sufficient amenity space. Whilst the proposal would result in the loss of some of the garden, the garden area is very large and the land is zoned. The policies in the Strategic Plan direct new development to existing settlements. 6.4 In terms of the impact upon the character and appearance of the street scene, it is considered that the proposal would have an impact, however, the adjacent site (land to the rear of Clarecourt) has an approval in principle for the erection of a dwelling, the site adjacent to that has permission for an apartment block which is currently under construction, this sits adjacent to Victoria Road. To the north of the application site is Victoria Court which also sits adjacent to Victoria Road. 6.5 The proposed dwelling would have detailing to the front of the property and would have some similarities to the properties within the street scene. Whilst the design of the property is quite disappointing there has been some effort with regard to the detailing. Given that there is a mixture of properties along this stretch of Victoria Road it is considered that the proposal would not adversely affect the character and appearance of the street scene. 6.6 The proposed access would be off Victoria Road, this is similar to what has been approved previously on the adjacent site. The application was PA 10/01277 which was for Clarecourt, Marathon Road; this site adjoins the application site. The application was for the creation of a vehicular access off Victoria Road. This application was discussed at Planning Committee and at appeal; this took highways safety into account and found this to be acceptable. 6.7 Whilst this application is for a different site it does have similar issues to those set out in the application for Clarecourt. The access proposed under this application is similar to the adjacent property; it was considered that the access was acceptable in terms of highways safety. 6.8 The proposed access would provide sufficient visibility for both pedestrians and vehicles and the Highways Division are satisfied that the proposed access would not have an unacceptable impact upon highways safety. 6.9 Given that there are a number of existing accesses off Victoria Road it is considered that the proposed access would not adversely affect the character and appearance of the street scene or area in general. 6.10 The owner/occupier of The Chapel House has concerns that the proposed dwelling would result in overlooking of their house and garden. There would be no windows in the side elevation of the property and therefore there would not be overlooking of the neighbouring garden. There is a general rule that there should be 20 m between windows which directly look towards one another. The windows in the rear elevation would look directly towards the rear of 16/16a Marathon Road, however there would be approximately 20 m between these windows. The Chapel House has a similar building line to 16/16a Marathon Road, the proposed windows would not look directly towards The Chapel House as this is adjacent to 16/16a Marathon Road. It is considered that the proposed dwelling would not result in undue overlooking or loss of privacy to the owners occupiers of The Chapel House and the other immediate neighbouring properties.
6.11 There would be nine trees removed as part of the application, with two Sycamores and a Beech tree to be retained. There is a large Sycamore closest to the highway which is an attractive feature which contributes to the character and appearance of the area. The nine trees which are shown to be removed have already been granted approval for their removal under the application for the adjoining site. It is considered that the large Sycamore contributes to the street scene and should be protected if the application is approved. 6.12 The proposed dwelling would provide sufficient amenity space in itself in terms of access, parking and clothes drying space. 6.13 For these reasons the application is considered to be acceptable and is recommended for approval.
7.1 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. 7.2 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. 7.3 The Department of Environment, Food and Agriculture is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status. 7.4 The owner/occupier of Chapel House, 18 Marathon Road, Douglas is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.
Recommended Decision: Permitted
Date of 29.05.2013
Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
The development hereby permitted shall not be carried out except in full accordance with the following plans 01 Rev A, 02 Rev A and 03 Rev A received on 29th April 2013.
C 3. Prior to the commencement of works on site including excavation, the applicant must have approved by the Planning Authority a scheme for the protection of the trees to be retained on the site. Generally protective fencing should be erected under the dripline of the canopy of each tree and the area formed within the protective fencing shall thereafter be kept free from excavation, building or storage. If any part of the protected area should be required to be used for paving or building, the means for achieving this without adversely affecting the health of the tree concerned.
C 4. Minimum visibility splays of $2 \mathrm{~m} \times 45 \mathrm{~m}$ shall be provided for the site access prior to the first occupation of the dwelling. No obstruction above 1 m in height shall be within the visibility splay.
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 : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control
Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager
PA13/00304/B Mr David Corris Erection of a dwelling, Land To Rear Of 16 And 16A Marathon Road Victoria Road Douglas Isle Of Man Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 15.03.2013, includes;
Dev Control Polygons: Reference Number: 97/00918/A Status: Refused on Review Proposal: Approval in principle for the erection of a dwelling, site to rear of 16 and 18 Marathon Road, Douglas.
Reference Number: 10/01854/A Status: Refused Proposal: Approval in principle for the erection of two blocks of six apartments to replace existing dwelling
Reference Number: 05/92258/B Status: Permitted Proposal: Alterations, erection of a first floor extension over existing bedroom to provide additional bedroom and bathroom and enlarge existing vehicular access
Reference Number: 11/01484/A Status: Refused Proposal: Approval in principle for the erection of two semi detached dwellings with attached garages and one detached dwelling with an integral garage
PLanning Enforce: Reference: 09/00246/COMP Status: Case Closed Nature of Enforcement: Widening of access
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