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The site comprises an area of land, approximately 20m x 18m, adjoining the access track leading from Switzerland Road. It is to the rear of Erin Brae, which is a Registered Building (12th October 1998) and also within the Douglas Promenades Conservation Area as are the Century Court Apartments which are to the east of the site. The actually site is also with the Conservation Area and
has been zoned under the Douglas Local Plan Order 1998 as being within a predominately residential area.
The site has received a number of approvals and refusals, the most recent submission which was for the erection of dwelling (01/00570/B) was refused on the following grounds:-
Erection of dwelling with integral garage (94/01273/B) - approved
Approval in principle for erection of dwelling (90/04267/A) - approved
Erection of dwelling (90/01699/B) - refused on the grounds:-
The application seeks Approval in Principle for the erection of a dwelling.
The submission has included a feasibility study (ARUP) on the proposed development and a number of possible designs of how the proposed dwelling could be constructed on this steep hillside. The Applicants have stated in their submission that a meeting was held with a Planning Officer (17/12/03) which they stated that the ARUP's report was sufficient to satisfy the Planning Departments concerns. They also state that the officer indicated that a contemporary dwelling would be more appropriate than the previously approved castellated type dwelling.
Due to this, the proposal indicated on the submission would seem to have a more contemporary design. Although this is an approval in principle, hence only limited details of the proposal have been submitted; the feasibility study gives a number of proposed schemes which would vary the distance from the rear elevation of the Century Court Apartments from 21 metres to 18 metres.
Access to the proposal would be off the access road which is single lane which is off Switzerland Road. The parking provisions would be with the outline of the proposed dwelling.
NOTE: the parking arrangements on Little Switzerland Road have recently been rationalised to improve access along this narrow lane.
The detailed appraisal submitted with this application clearly demonstrates just how difficult this site is, being part of the Old Douglas Bay cliff-line. The preferred solution suggests supporting the dwelling on exposed legs, very much as they do commonly in New Zealand. There though, the houses are usually of timber construction, whereas I could find no detail of the proposed dwelling itself in this A-i-P.
The land may be included in Residential zoning but that doesn't automatically make it fit for building and we think there are two important points here:-
The impacts, on Erin Brae as a Registered Building might be twofold:-
Of these impacts, the former could, I suggest, be covered by a requirement for a detailed construction method statement, whilst the latter is largely, but not completely, dependent upon the detailed design of the building.
A building perched on the cliff-top, and also the supporting structure, would clearly change the appearance of this part of the Promenade. Queen's promenade is characterised by buildings of Victoria and Edwardian style (and their modern equivalents) standing at the Promenade level in front of the cliff. Introducing a new building at high level atop the cliff would be, in my judgement, awkward and out of character.
There would clearly be overlooking from the seaward-facing windows, particularly of the 4th-6th floor window of Century Court.
The opportunities for further such development appear to be limited by topography, but any such proposals would be difficult to resist if this application is approved. The impact on the character of the Conservation Area may thereby be exacerbated.
While there are arguably elements of some previous decisions which support the principle of this development, and whilst previous advice from the Department may have been ambivalent, the most recent decision was a refusal, one reason for which is still relevant, at least in part. Also, the Conservation Area has been designated since that decision. Thus, the planning history does not warrant setting aside the drawbacks identified above.
Having regard to the above, I recommend refusal for reasons relating to, the impact on the setting of the Registered Building, the appearance and character of the Conservation Area, and the privacy of Century Court.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
The S.P.M.C. & E should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 23.05.2006
Conditions and Notes for Approval / Reasons and Notes for Refusal
A new building and its associated supporting structure constructed as indicated in the submitted application would:-
R 2.
The proposed dwelling would result in overlooking of bedrooms at the rear of Century Court and thus have an adverse effect on the residential amenity of the occupants of the properties.
Decision Made : Refusal
Committee Meeting Date : 20/7/6
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