Officer Report

Application No.: 15/01041/A Applicant: WDS Limited Proposal: Approval in principle for erection of a dwelling addressing means of access Site Address: Land Adjacent To WDS Limited Millmount Douglas Isle Of Man IM2 1HD Case Officer : Mr Chris Balmer Photo Taken: 29.09.2015 Site Visit: 29.09.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The site forms land adjacent to WDS Limited, Millmount, Douglas which is a parcel of undevelopment land which sits to the southern side of New Castletown Road and south of Mylchreest Motors complex. The site is almost rectangular in shape with mature trees lining the eastern and southern boundary of the site. To the northwest of the site is two semi-detached three storey properties Primrose Cottage and Millmount Cottage. - 1.2 The site is accessed via an existing access which serves Mylchreest Motors, other business and a residential properties (The Laurels/The Hollies), albeit both properties are empty.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the approval in principle for erection of a dwelling addressing means of access. The site plan shows an indicative position of the new dwelling although no further information is provided. Access to the site would be form the access lane as indicated within paragraph 1.2 of this report. The lane would then be continues through an existing car park to the site.

3.0 PLANNING POLICY AND STATUS - 3.1 The site lies within an area of Residential use on the Douglas Local Plan of 1998. As such, the Strategic Plan is considered relevant in this case as follows: - 3.2 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 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 and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas is designated as the main employment and service centre for the Island.

3.6 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."

3.7 Housing Policy 4 states that: "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…"

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered specifically material to the assessment of this current planning application.

5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that it does not oppose the application (received on 30.09.2015) but make the following comments: "Applicant needs to demonstrate that the increase in one residential dwelling does not have any impact on the current lane usage and access onto the highway.

Applicant needs to ensure that sightlines in accordance with todays standards of 2.4 x 90 metres in both directions are achievable.

• 2 off street parking spaces are to be allocated to this dwelling 3.25 x 6 metres per space. Applicant needs to demonstrate safe pedestrian access from proposed dwelling."

5.2 Department of Environment, Food and Agriculture - Forestry and Lands Directorate (received on 17.09.2015) have an objection to the planning application in principle. It is a difficult site where both tree management as well as buildings have been neglected for a long time. - 6.0 ASSESSMENT

6.1 In determining the application it is considered the main issues are; the principle of developing the site for residential use; potential impact upon nearby trees; potential impact upon neighbouring residential amenities; and amenities of future occupants.

• PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL USE
• 6.2 The site is designated as residential use under the Douglas Local Plan. There are also a number of residential dwelling in the immediate vicinity. Accordingly, it is consider the principle of residential development is acceptable. However, it should be noted that this is not an automatic reason to allow such development. Further consideration as listed with paragraph 6.1 of this report need to be considered. POTENTIAL IMPACT UPON NEARBY TREES
• 6.3 Whilst no details plans have been submitted it is difficult to fully assess the potential impact of the dwelling upon trees in and outside the site. A total of five trees have been indicated on the indicative plan to be removed and the Forestry Division have no objection to this. At any Reserved Matters stage, further information for tree protection would need to be provided. Whilst the proposal would potentially require the remove of some trees, it is noted a number would remain and therefore the potential loss at this stage would be acceptable. POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTIAL AMENITIES
• 6.4 Again this is difficult to fully assess as the application is only in principle and no detailed information of the dwelling has been provided. Visiting the site, it is considered the properties most likely to be affected would be Primrose Cottage and Milmount Cottage to the northwest of the site. They have a number of windows which overlook the site, albeit the ground floor windows are mainly screened by Manx stone walls. The ground level of the application site is also lower than that of both neighbouring properties. The indicative siting of the dwelling to the southern part of the site, arguable is the most suitable position in term of the impact upon the neighbouring properties, albeit not necessary for the future occupants of the proposed dwelling. However, it is considered a dwelling could be designed on this site which would not adversely affect the amenities of the neighbouring property. This may well mean any dwelling being single storey and/or more modern in design to reduce the height of the dwelling. A two storey dwelling may be unacceptable, although this would be a consideration at the Reserved Matters stage. AMENITIES OF FUTURE OCCUPANTS
• 6.5 Initially there was concern as any occupants of the new dwelling would need to travel past Mylchreest's garage and forecourts (sale of vehicles) and beyond to the south, where there are a number of buildings used for industrial purposes. Accordingly, there was concern of the amenity value of the proposed new units due to the character and appearance and use of the immediate and surrounding area is more industrial than residential. However, visiting the site of where the dwelling would be located it was consider the amenity values of the site potential overcome these initial concerns, although it is accepted the access to the site is not ideal at all.
• 6.6 As indicated with paragraph 6.4, the design of the dwelling will need to be carefully designed taking into account the constricts of the site and ensuring amenities for future occupants are acceptable. The designer at the Reserved Matters stage will need to consider all these points carefully and is strongly recommend to discuss and future application with the Planning Directorate at an early stage. The designer will also need to consider the overlooking of the site from Primrose Cottage and Milmount Cottage when considering the design and layout of the dwelling/ garden. Overall, it is considered the site could be designed to ensure the residential amenities of future occupants are provided in an appropriate way.

- 7.0 RECOMMENDATION

7.1 It is considered that the proposal would be comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and Douglas Local Plan, for the reasons set out in this report, it is recommended that the application be approved. - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;

• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Forestry Directorate are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 21.10.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of design, siting, external appearance of the buildings, internal layout, parking layout, landscaping of the site, and tree protection measures (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

This approval relates to drawings reference numbers TS-03, 15/2472/10 and 15/2472/11 all received on 15th September 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 29.10.2015 Determining officer

Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control

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