1 November 2021 · Committee
Vine Villa, 8, Derby Square, Douglas, Isle Of Man, IM1 3ls
The proposal sought to demolish the existing dwelling known as Vine Villa — a traditional Victorian single-storey building on the eastern corner of Derby Square — and its associated workshop, replacing them with three dwellings including staff accommodation. Derby Square is a Victorian Conservation Area characterised by terraced properties around a central green square. A closely similar scheme for three dwellings on the same site had already been approved in 2021 (ref. 21/00565/B). The key planning issues assessed were the impact on the character and appearance of the Conservation Area, effects on the residential amenity of neighbouring properties, biodiversity, and access and parking. Officers and the Planning Committee concluded that the design, proportion, form, scale, and finish of the proposed dwellings would enhance rather than harm the Conservation Area and the street scene, and that no significant adverse impacts on public or private amenity would result.
The Planning Committee approved the application because the proposed dwellings were judged to enhance the Conservation Area and street scene through their design, scale, and finish, while causing no significant harm to neighbouring amenity. The scheme complied with relevant policies on conservation, design, and housing within established settlements.
Strategic Policy 1
Development should make the best use of resources
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 2
New development will be located primarily within our existing towns and villages
Strategic Policy 2: 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. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
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.
Strategic Policy 5
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 10
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;
Spatial Policy 1
The Douglas urban area will remain the main employment and services centre
es and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices12. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns. Urban Environment Recommendation 1 For Government owned land in the East which is vacant or underused, it is recommended that Departments work together to clarify issues including direction, preferred uses, funding mechanisms, timing, the role of the private sector and connectivity to other uses and sites , in line with the Vision set out in this Plan. The achievement of cooperation and skills development will assist in the process of optimising the potential of all vacant and underused sites. Regard should be had to the recommendations contained within the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017-2018 and subsequent Action Plan and outcomes. The Select Committee was convened to investigate how to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of countryside sites. 12 And in doing so, supports the additional permitted development rights approved for some areas - see SD 2019/0459 as amended by SD 2020/349 Urban Environment Proposal 1 The creation of residential units on the upper stories of buildings part icularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this Plan. Principles of good design In the Strategic Plan, Strategic Policy 5 states that 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island'. A positive contribution means making places which are attractive and safe areas to live, work and invest in. In order to achieve this, it is essential that detailed design proposals be based around an understanding of constraints and opportunities of the site and that the propos al responds positively to local context, in terms of its scale, form, layout, materials, colouring, fenestration and architectural detailing. This, in turn , depends on good understanding of the local character of the individual settlements in the East. Local character is defined by the natural and physical features of an area, including its topography, the pattern of streets and public spaces, the street scene, the density of development, the scale and form of buildings and the materials used in construction. Housing developments have been criticised in recent decades for their uniform and standardised appearance. In order to avoid creating homogeneous and sterile neighbourhoods, developers will be encouraged to incorporate a mix of property types of a varying scale, utilising a range of complementary materials wherever possible. Similarly, the layout of development should encourage integration with surrounding areas and not be inward facing. Regarding extensions, it is recognised that the use of alternative materials and detailing in extensions and alterations can, in some case, enhance the character of an existing buildi ng and/or the surrounding area. The layout, orientation and design of buildings can reduce the need for energy consumption by maximising the potential to secure the benefits energy provides e.g. heating, lighting and cooling, through alternative means. Where layout, orientation and design is not constrained or dictated by other factors i.e. by the character of the surrounding area or the juxtaposition of adjacent buildings, applicants for planning approval will be encouraged to demonstrate how the design of the development has reduced the need for energy consumption. Public Realm 'Public realm' refers to the publicly accessible areas between buildings; the streets, paths, squares and parks that people use and move through on a day -to-day basis. Ensuring a high-quality, safe and accessible public realm is an essential part of cre ating environments that people want to live, work and invest in. Due to Douglas' importance as an event centre for the Island, it is essential that public and private open spaces retain their accessibility and amenity when the user population hikes, such as during TT fortnight. New and redeveloped elements of public realm must be designed to reinforce or complement the distinctive character of the local area and to ensure that they are attractive, safe, accessible and well connected to their surroundings. The provision of walking and cycling routes through these sites to encourage their use is essential. Dou
Spatial Policy 5
New development will be located within the defined settlements
e ease of movement for workers & residents within St Georges to access to the Strand Street area. Figure 6 sets out an indicative arrangement for the site. Short Term PUBLIC REALM / MOVEMENT SS5 Public realm improvements to support connections through and around the Chester Street Car Park The Chester Street Car Park offers an important opportunity to address level changes between Upper and Lower Douglas helping to resolve changes in levels. The Chester Street car park forms an important entrance to the centre, providing access to the Museum also. The arrival at Market Street via the public access should be improved through public realm improvements to support a visual connection onto Strand Street. SS6 Ginnel public realm & lighting improvement The existing link quality from Market Street to Strand Street could be improved by lighting improvement and public realm, this could be something as simple as a projection onto a simple paved surface. Medium Term SS7 Modest boundary and public realm improvements along Market Street Market Street is a thoroughfare, whilst it is used as a cut through, efforts could be made to retain pedestrian movement onto Strand Street. Market Street's primary purpose is as a service and vehicular route, where new developments are proposed and where the public realm crosses this, the treatment should reflect the pedestrian priority and slow traffic. However, for most of the street the priority should be to tidy and clean up the frontages and boundaries, through landscape and maintenance. SS8 Public Realm improvement to Finch Road and Well Road Hill, and Market Street to address level changes, including some demolition This is a key route into Lower Douglas and could be improved through widening and the inclusion of a four small units that are considered of low townscape quality (40a & 40b, Finch Road, 19 & 21 Wells Road Hill). Further opportunity is offered if the health centre is brought into the scheme; this area could be reworked to include a lift. The route gradient would benefit from a gradient reduction using shallow steps to reduce the severe angle, alongside an improvement to the quality of the space. Figure 4 sets out an indicative rearrangement of this space. Central Douglas Masterplan RESPONSE TO OBJECTIVES An exciting place to invest and do business The improved retailing opportunities provided through enlarged units will provide multiple retailers the much needed space for them to invest on the Island. Strand Street will provide an important supporting service to the adjacent business community. A thriving town centre and shopping destination The evolution of the centre to incorporate larger retailer units to support the diversification of the centre will increase footfall and attraction into the centre from younger shoppers who currently shop off Island and over the Internet. The focussed retailing areas will create points of interest along the Strand Street corridor and help to feed into other areas of development. A well connected and accessible environment Linking into Upper Douglas through proposed development and public realm projects, creating easier and legible routes. Strand Street sits at the centre of the Central Douglas area therefore is crucial within a town centre circuit. An attractive & engaging place to spend time The ongoing public realm improvements along Strand Street and linking to adjacent areas will create a positive perception and an attractive place to spend time. A distinctive and sustainable Capital New developments and the creation of new spaces will support the on-going evolution of Douglas as a Capital Town. By creating improved retailing options on Island the need for travel off Island to shop will be reduced, with spend retained on Island. A high quality retailing environment will engage and retain shoppers for a day's activity, rather than a brief trip into the centre to get an item. Central Douglas Masterplan A number of indicative sketch schemes have been prepared for the Strand Street area to consider how the proposed projects could be accommodated. Figure 4 Indicative Sketch Scheme for Well Road Hill, looking at how better access can be achieved. Figure 5 Indicative sketch scheme for Strand Street unit enlargement through the removal of existing units, and the opening up of the Market Street site. Central Douglas Masterplan Figure 6 Indicative sketch scheme for the Victory House site connection to Marks & Spencer with Cross Section Central Douglas Masterplan Figure 7 Indicative sketch scheme for the existing Villiers Square and AXA site Central Douglas Masterplan The Rock, Bury; recent retail development creates a mixed use development, with retail at ground floor, and other town centre uses accommodated above. The Pavilion Cafe, Liverpool, creating natural surveillance onto public space Covered retail streets at Liverpool One. The
General Policy 1
General Policy 2
Environment Policy 35
Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area
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 39
The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area
Housing Policy 4
New housing will be located primarily within our existing towns and villages
mplications of the Landscape Character Assessment Landscape Types - Coastal Cliffs, Incised Slopes, Uplands, Undulating Lowland Plain, Islands Landscape Area - H2 (Fleshwick) , H3 (Bradda Head) , H4 (Cregneash Head and Meayll Peninsula), A2 (Southern Uplands) , F8 (Poyll Vaaish and Scarlett Peninsula), J1 (Calf of Man). i. A number of Landscape Character Types/Areas are identified in Rushen stretching from the Southern Uplands to the Meayll Peninsula. Care is needed in order to protect this array of d ifferent landscapes which include open and windswept coastal stretches and inland moorland, high and dramatic sea cliffs and pastoral and arable fields. ii. The Parish of Rushen is split into 3 distinct physical areas by the local authority areas of Port St Mary and Port Erin. The largest area stretching from its boundary with Patrick in the north to the boundaries of Port Erin and Port St Mary. The other 2 areas are the Meayll Peninsula and the Calf of Man. The Landscape Character Assessment stresses the importance of avoiding the coalescence of Ballafesson and Port Erin and also Port Erin and Port St Mary. Sufficient green space should be retained between the settlements of Ballafesson, Port Erin, Ballagawne /Ballakillowey, and Port St Mary to ensure preservation of their separate identities. iii. Avoid any new areas of ribbon development along the southern coastline at Bay ny Carrickey. Landscape Proposal 9: Additional new built development (other than development ancillary to existing properties) should not be permitted alongside the coastal road between the Shore Hotel and Pooil Vaaish Farm. Landscape Proposal 10: Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash. Landscape Proposal 11: Should the opportunity arise, the radio beacon on Cronk ny Arrey and other communications apparatus on the Meayll Peninsula should be removed or, if necessary, replaced by more modest and less intrusive structures. Landscape Proposal 12: The cluster of buildings at The Howe around the Methodist Chapel is quite exposed and appears on some local skylines. Care should be taken when considering proposals to change the roofscape or silhouettes of the buildings. Landscape Proposal 13: The buildings at Glen Chass are pleasantly and haphazardly scattered around the winding road down to Fistard. The spaces between the buildings make a significant contribution to the character of the group; any proposals to extend properties should be of subordinate scale to the parent building so as to protect these spaces. Landscape Proposal 14: The character of the group at Ballakilpheric/Cronk e Dhooney arises principally from the largely informal setting around the lanes which serve the dwellings, the farms and the Chapel. Changes to the spaces between the buildings should be of informal character, avoiding extensive paving, kerbing or inappropriate fencing.
Transport Policy 7
parking provision must be in accordance with the Department's current standards
Policy CA/2
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
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.
POLICY CA/6 Demolition
POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows/balconies and shall be maintained as such thereafter; South Gable Elevation - first floor Lounge North and South Balcony - Fifth Floor (roof) Balconies side elevations
Condition 3
The development (individual dwelling) hereby approved shall not be occupied or operated until the parking has been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
Prior to the commencement of the development a scheme which shows the following shall be provided and shall be fully implemented prior to the occupation of any dwelling; - o swift nest brick installed high up under the balustrade of each of the new properties - on the western elevation. Swift bricks can be substituted for normal building bricks and therefore the visual impact will be minimal; - o Bat bricks are installed high up on each of the properties on the eastern elevation but as far away as possible from artificial light from windows. Bat bricks can be substituted for normal building bricks and therefore the visual impact will be minimal; and - o Manx native tree species are planted in the front garden areas, details shall include a time scale for planting and type and height of tree to be planted.
Condition 5
The development shall not commence until such times as plans, elevations and/or sections as appropriate at a scale of 1:20 have been approved in writing by, the Department in respect of: - a) String course; - b) Cornices; - c) Front door, to include arched window above; - d) Windows to the front elevation; - e) Hood moulds; and - f) Wrought Iron railings and gates. The development shall be carried out in accordance with these details.
Replacement of existing dwelling and workshop with 3 new dwellings
similar application which was recently approved
extant approval for demolition works
previous extant approval
Demolition of existing buildings and construction of four duplex apartments each with double garages (in association with 13/01227/CON)
Registered Building Consent for demolition of the existing buildings, as they are situated within a Conservation Area
approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses
application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments