29 April 2024 · Committee
Hillcroft, 18, Selborne Drive, Douglas, Isle Of Man, IM2 3lp
This application sought permission to convert a large semi-detached late Victorian/Edwardian dwelling at 18 Selborne Drive, Douglas into three apartments, along with the installation of a rooflight and new render to all elevations. The property sits near the junction with Tennis Road and has a detached garage accessed via Tennis Road and Colden Lane. The planning officer recommended refusal, with the key issues identified as the principle of the conversion, potential impacts on the character and appearance of the site and the nearby conservation area, effects on neighbouring amenity, and parking provision. Despite the officer's recommendation to refuse, the application was considered by committee and permitted on 29 April 2024.
The application was decided by committee and permitted on 29 April 2024. This is notable because the case officer had recommended refusal. The key planning issues considered included the principle of converting the dwelling into apartments, the impact on the character of the site and the nearby conservation area, effects on neighbouring amenity, and parking provision.
Environment Policy 35
preserve or enhance the character or appearance of Conservation Areas
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 34
preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings
Environment Policy 34: In the maintenance, alteration or extension of pre -1920 buildings, the use of traditional materials will be preferred. 7.29 Development within Conservation Areas 7.29.1 Conservation Areas are designated where the Department is satisfied that there is an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Accordingly, the Department will; i. appraise and review existing Conservation Areas; and ii. designate new Conservation Areas where Conservation Area appraisals have revealed individual areas to be worthy of such status. 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearanc e. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally gra nt assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.
Environment Policy 42
character and need to adhere to local distinctiveness
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
General Policy 2
General Development Considerations
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
Strategic Policy 1
re-use of existing sites
Strategic Policy 1: 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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 5
good design
Strategic Policy 5: 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. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Strategic Policy 12
considerations for improving the quality and condition of the existing housing stock and creation of flats by conversions
Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under -used space above commercial premises subject to compliance with detailed standards (see section 8.13). CHAPTER 5 ISLAND SPATIAL STRATEGY 5.1 Implementation of the Government's core purpose "to maintain and build on the high quality of life enjoyed by the Island's community" as set out in Chapter 2 requires many policy measures including, from the Department, a new Development Plan with this Strategic Plan as the over arching policy framework. To guide the physical development of the Island up to 2016 requires an Island Spat ial Strategy (ISS) (1). The ISS provides a framework for strategic choices in relation to development and infrastructure investment. It will also assist private sector investment decisions. It provides a degree of continuity with existing policy but sets new directions to achieve a more sustainable pattern of development in the interests of future generations. It will also assist in the setting of priorities for future investment. 5.2 The starting point of any spatial strategy has to be a review of the e xisting settlement and development pattern of the Island. The very fact that we are an Island nation sets us apart from most of the regions of the British Isles which share physical boundaries with other regions and jurisdictions. The Island comprises a number of distinctive areas which have evolved from the natural landscape and the settlement of the Island. Generally, each area is based on a principal town which supports a range of employment and service provision serving a rural catchment area including smaller villages or hamlets. 5.3 The four areas are: Douglas and the East. Focused on Douglas (population 26,000 (2)) the wider area encompasses Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan with a total population of 45,000 comprising over 55% of the Island's population. At the time of the 2001 Census some 23,000 (nearly 60%) of the Island's 39,000 employed population worked in Douglas. A further 2200 (5.7%) worked in Braddan and some 1400 (3.6%) in Onchan. Ramsey and the North. Focused on Ramsey (population 7,300) the rural catchment area encompasses Andreas, Ballaugh, Bride, Jurby, Lezayre and Maughold with a combined population of just under 13,000. In 2001 nearly 2500 (6.4%) of the employed population worked in Ramsey. Peel and the West. Focused on Peel (population 4,200) the rural catchment area encompasses Patrick, German and Michael which, although including the villages of St John's, Kirk Michael, Dalby, Glen Maye and Foxdale, only creates a combined population of some 8,200. In 2001 just over 1000 (2.7%) of the employed population worked in Peel. The South. This is made up of a network of settlements, with Castletown, Port Erin and Port St Mary having populations of between 2,000 and 3,500 and Ballasalla, Colby and Ballabeg, giving a total population of some 14,200. Castletown provides the major business centre and the Ballasalla Industrial Area, the Airport and Freeport is one of the major strategic employment centres for the Island. (1) Island Spatial Strategy is defined in Appendix 1 (2) Isle of Man 2006 Census In 2001 some 2300 (6.1%) of the employ ed population worked in Malew. Some 1400 (2.7%) worked in Castletown. 5.4 This area framework is supported by a strategic transport network which comprises a radial pattern of roads converging on Douglas with links between the main towns and villages around the coast. 5.5 Thus the current spatial framework is characterised by four areas each with a main centre or, in the case of the south, a series of smaller centres, with the strategic transport network providing the links between all parts of the Island. These form a family of settlements which provide a hierarchy of employment and service centres across the Island. The size of some of these settlements presents challenges in terms of maintaining the current level of services in the future. Over the years this area framework has been supported by Government in terms of public service provision of education, healthcare and leisure. Area Plans for each of the four defined areas will be prepared during the next 4 to 5 years. 5.6 The Consultation Draft ( 2000) introduced the concept of a new settlement as a means of accommodating new housing provision but this idea was rejected by the Department in the Draft Strategic Plan (2001) in favour of a policy of containment around existing urban areas (see Appendix 3 ). The Strategic Aim, Objectives and Policies provide the framework to develop the existing spatial framework into a Spatial Strategy. Spatial Vision 5.7 The Strategic Objectives and Strategic Policies direct that the focus of new development should be within existing towns and villages or in sustainable urban extensions, avoiding coalescence of settlements and maintaining their local identity. This translates into a Spatial Vision that by 2016 the Island's communities will have become more sustai nable, prosperous, safe, healthy and vibrant. People from all sections of society will have been provided with better access to a range and choice of homes, jobs and services. This will have been achieved in ways that reduce the impact of society on the environment, improve the quality of design and the built environment and enhance the Island's natural environment and heritage assets. 5.8 In order to achieve this 'Spatial Vision', a framework is required as part of the Island Spatial Strategy for the future development of the Island based on service CENTRES, key transport LINKS and the main GATEWAYS of ports and Ronaldsway Airport (see Key Diagram). The CENTRES comprise a hierarchy of service provision with Douglas, the capital of the Island, seat of Government and headquarters for most of the Island principal businesses and retail stores, as the MAIN CENTRE. Ramsey, Peel, Onchan, Castletown and Port Erin act as SERVICE CENTRES for their respective hinterlands. Below these are a series of SERVICE VILLAGES made up of Laxey, Jurby, Andreas, Kirk Michael, St Johns, Foxdale, Port St Mary, Ballasalla and Union Mills. Finally, there are a number of smaller settlements with little or no service provision which rely on the other centres for various services. These comprise: Bride Glen Maye Sulby Dalby Ballaugh Ballafesson Glen Mona Colby Baldrine Ballabeg Crosby Newtown Glen Vine Strang The only major employment area outside the CENTRES is that based on the Ronaldsway and Ballasalla Industrial Estates and the Freeport but these are adjacent to Ballasalla and Castletown. The aim of the CENTRES, LINKS and GATEWAY approach is to give a strategic focus to future development and achieve balanced growth on the Island by developing: the key transport links as the skeletal framework for future physical development and the primary links to and between the gateway ports and the airport; a compact and dynamic eastern area centred on Douglas, the major gateway and the focus of the strategic transport network; area service centres in the north and west based on Ramsey and Peel using regeneration opportunities to strengthen their employment and service base; and a network of local centres in the south with new development focused on the regeneration of existing centres but recognising the growth potential around Ballasalla and the Airport Gateway. 5.9 In the Douglas and the East Area the focus of development will continue to be in and around D
Housing Policy 17
Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes -drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.
Strategic Policy 4
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
Transport Policy 4
Transport Policy 4: The new and existing highways which serve any n ew 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. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Transport Policy 7
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
POLICY CA/2
Special Planning Considerations
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.