6 October 2009 · Delegated
The Lodge, Lower Dukes Road, Douglas, Isle Of Man, IM2 4bl
Planning permission was sought to erect a detached dwelling on land adjoining Sutton Oak, Lower Dukes Road, Douglas. The site forms part of the garden of Sutton Oak and Sutton Oak Cottage, located on the south-eastern side of Lower Dukes Road, and sits within an area zoned as predominantly residential under the Douglas Local Plan 1998. The officer's report identified land use, highway issues, visual amenity, impact on neighbouring residential properties, and impact on trees as the main planning considerations. The site is not within a Conservation Area and does not contain a listed building. The application was approved by delegated decision on 6 October 2009, subject to eight conditions. The officer had recommended approval, and the formal decision followed that recommendation.
The application was approved by a delegated Senior Planning Officer on 6 October 2009. The officer recommended approval subject to eight conditions, and the decision followed that recommendation. Key planning considerations included land use, highway issues, visual amenity, impact on neighbouring residential properties, and impact on trees.
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.
Environment Policy 42 of the Isle of Man Strategic Plan states that
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.''
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.
Housing Policy 6 of the Strategic Plan states that
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
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.
Transport Policy 4 states that
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.
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Transport Policy 7 states that
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.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This permission relates to the erection of a detached dwelling as shown in drawing numbers G/101/1(G) and G/101/2(B) date stamped 18th June 2009.
Condition 3
Prior to the commencement of the works, samples of the facing and roofing materials to be used shall have been submitted to and approved in writing by the planning authority and these works shall be carried out in accordance with the approved samples.
Condition 4
The dwelling hereby permitted shall not be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans and those areas shall thereafter be kept available at all times for their respective purposes.
Condition 5
The dwelling hereby permitted shall not be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans.
Condition 6
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Condition 7
Notwithstanding the submitted drawings, the existing trees shown on the drawings either to be removed or retained shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that any of the trees referred to should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development it shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation.
Condition 8
No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the Planning Authority, have been taken to safeguard against damage or injury during construction works all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
