PA11/01017/B Officer Report

Planning Report And Recommendations {{table:10612}} ### Considerations {{table:10608}} ### Written Representations None received at time of drafting report ### Consultations {{table:10609}} {{table:10610}} {{table:10611}}

Officer's Report

The Site

1. The application site comprises a plot of land is located on the south eastern side of Lower Dukes Road between the properties known as Ballaquayle and Sutton Oak Cottage. The site extends from Lower Duke's Road to the access lane to the rear.
2. The site currently has planning permission for the erection of a dwelling. The dwelling would be positioned in the front half of the site facing onto Lower Duke's Road and there would be vehicular access through a new opening in the rear wall.

The Proposal

1. Proposed is the extension of the boundary of the previously approved dwelling, the erection of a detached garage and an alteration to the approved vehicular access.

1. The boundary would be extended northwards in the rear section of the site to include part of the garden of the adjacent property, Sutton Oak Cottage. The current boundary for the approved dwelling reduces in width in the rear section where approval has been given for a driveway and the removal of a 6 metre section of the rear wall. The boundary to the site would be marked with a 2 metre high timber fence.

1. The proposed extension to the boundary would be in order to accommodate a detached garage which is proposed in this current application. This would result an 8 metre section of the rear wall being removed for access, instead of the previously approved 6 metre section. The section of wall to be removed would be the northern part of the rear boundary in front of the proposed double garage. The garage would be positioned a minimum distance of 4.7 metres away from the rear boundary of the site. The driveway and parking areas would extend around the garage to include a 12.8 metre by 5.2 metre area at the rear.

1. The proposed garage would be single storey, rectangular in plan form with a pitched roof over. It would measure 8 metres long by 6 metres wide and the height would be 2.5 metres to the level of the eaves and 4.4 metres to the top of the roof pitch. The external finishes of the garage, including the rendered walls and the red roof tiles, would match those of the approved dwelling. There would be two roller doors on the front elevation and the only windows would be four rooflights, with two positioned on either side of the roof.

Planning History

1. The following previous planning application is considered relevant in the assessment and determination of this application:

09/01058/B – Permitted 06.10.09 Erection of a detached dwelling C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C2. 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.

C3. 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.

C4. 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.

C5. 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.

C6. 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.)

C7. 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.

C8. 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.

Development Plan Policies

1. The application site is located within an area designated as Predominantly Residential Use on the Douglas Local Plan Order 1998, Map No. 2 (South). The site is not located within a Conservation Area.

1. The relevant planning policy from the Isle of Man Strategic Plan 2007 is General Policy 2, which 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."

Consultations

1. The Department of Infrastructure Highways Division do not oppose this application, subject to the condition that the applicant shall contact the Network Ops Section of the Department of Infrastructure prior to carrying out any works within the highway.

1. Douglas Corporation have no objection to the proposal.

1. The Drainage Division of Douglas Borough Council does not object to the application, subject to the proposed development being connected to the public sewer(s) in accordance with the requirements of the Isle of Man Water and Sewerage Authority. They state that the garage must be drained via the surface water situated within the rear lane behind Sutton Oak Lodge and prior to the commencement of works, the exact drainage details must be agreed with them.

Representations

1. No written responses have been received from the general public.

Assessment

1. The main issues in the assessment of this planning application are the impact on neighbouring properties, the impact on the surrounding area in general and highway matters.

Impact on neighbouring properties:

1. Due to the location, position and design of the garage, the neighbouring property which is most likely to be affected by the proposal is Sutton Oak Cottage to the north-east of the site. There would be a distance of 1.3 metres from the side elevation of this dwelling and the side elevation of the proposed garage. A 2 metre high fence would form the remainder of the boundary between the site and Sutton Oak Cottage.

1. There are existing windows on the ground floor side elevation of Sutton Oak Cottage which would face towards the proposed garage at a distance of 1.3 metres. This adjacent property is currently also in the same ownership as the application site and the agent has confirmed that the windows on the side elevation are secondary windows to a lounge which extends from the front of the dwelling to the rear. As a result of this, although the proposed garage would not be ideal in terms of its proximity to Sutton oak Cottage, it is considered that the impact would be acceptable.

Impact on the surrounding area in general:

1. The garage would be located to the rear of the site, behind the approved dwelling and approximately 29 metres away from the frontage to Lower Dukes Road. The rear access lane is accessible to the public and there are other dwellings which use this area for vehicular access and parking. The design and size of the garage mean that it would be subordinate to the main house and the external finishes would be in keeping with the dwelling.

1. The rear boundary wall is constructed in stone and it extends along the rear lane to either side of the application site. The wall is similar in height and finish to the stone wall on the front boundary along Lower Dukes Road. Approval has already been given for the removal of a 6 metre section of this wall and it is felt that the removal of the 8 metre section now proposed would be acceptable. This is due to the location of the wall to the rear of the site.

1. There are some trees within the site and two trees (a sycamore and an elm) nearby but within the curtilage of the adjacent site, Sutton Oak Cottage. Although these two trees are near to the proposed works, the agent has confirmed that the proposed garage would not be within the canopy of these trees. Planning permission has already been granted for the hardstanding area to the rear of the garage which is near to these trees. Conditions were attached to the approved previous planning application (PA 09/01058/B) in order to ensure that the existing trees are protected during construction works. It is felt necessary to attach similar conditions any approval for this current application.

Highway matters:

1. A parking area was already approved for the new dwelling under the previous planning approval (09/01058/B). This proposal is to move the vehicular entrance across, widen the entrance by 2 metres and erect a double garage. This would result in more off street parking than what was previously approved. The Highways Division do not oppose this proposal.

1. The rear access lane is a single track route which is also used by other properties. I visited the site and noticed that there were other garages and parking spaces off the rear lane. Although it is only single track, the levels of traffic are considered to be low and therefore creating an additional access for a dwelling is considered to not adversely affect the traffic flows in the area. A rear vehicular access was approved as part of the application for the erection of the dwelling (PA 09/01058/B).

Recommendation

1. For the above reasons, this proposal is considered to be acceptable and is recommended for approval, subject to conditions.

1. The previous planning approval for the erection of the dwelling had a total of 8 conditions attached. It is considered necessary to have some similar conditions in the approval notice of this current application. These conditions should relate to the parking areas being kept for their approved use, the removal of permitted development rights and the protection of trees within the site.

Party Status

1. It is considered that the following parties, who submitted comments, should be afforded interested party status:

• Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. It is considered that the following parties, who submitted comments, should not be afforded interested party status:

• The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
• The Drainage Division of Douglas Borough Council.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 04.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the extension of boundary, erection of a detached garage and alteration to vehicular access; as shown in drawing number L/3804/1B, date stamped 30 August 2011.

C 3. The approved garage and hardstanding areas shall be kept at all times for their respective purposes in association with the dwelling permitted under PA 09/01058/B.

C 4.

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).

C 5.

The existing trees shown on the drawing to be 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, they 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.

C 6.

No development shall commence until a scheme has been submitted to and approved in writing by the Planning Authority to safeguard the existing trees within the site and those trees whose root structure may extend within the site from damage or injury during construction works. 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.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Permitted Date : 10/10/11

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

OR

Signed: _________________________ Jennifer Chance Development Control Manager