Officer Report

Application No.: 15/01294/A Applicant: John Malcolm Watson Proposal: Approval in principle for the demolition of existing garage and erection of a block of three double garages addressing siting only Site Address: Plot And Garage Opposite 4 Windsor Terrace Douglas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 17.12.2015 Site Visit: 17.12.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land on the western side of Windsor Terrace in Douglas which sits opposite to No. 4 and No. 5 Windsor Terrace. The site is within the ownership of Nos. 1, - 2, 3 & 4 Windsor Terrace. Currently on site is one timber building which is used as a garage and a brick double garage both of which abut the highway. To the rear and to the side of the timber garage are garden areas which are associated with some of the properties of Windsor Terrace.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the approval in principle for the demolition of existing garages and erection of a block of three double garages, addressing the details of siting only.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of three previous planning applications which are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed. All three previous planning applications were granted planning permission and have been listed below: PA 14/00599/B: Erection of detached garage to replace existing (amendments to PA 10/01327/B).

PA 10/01621/F: Registered Building Consent for the demolition and removal of existing detached garage. PA 10/01327/B: Demolition of existing timber garage and erection of replacement garage and vehicular hardstanding. PA 10/01138/B: Demolition of existing timber garage and erection of replacement garage and hard standing.

3.2 The neighbouring site, owned in association with No. 5 Windsor Terrace, was granted planning approval in 2010 for the erection of a replacement garage and combined workshop under PA 09/01769/B.

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area zoned as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The site lies within the Windsor Road Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two polices that are considered materially relevant to the assessment of this planning application: - 4.3 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 space 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 adverse 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."

4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character and appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highway Services have no objection (received on 01.12.2015). - 5.2 Douglas Corporation have no objection (received on 31.12.2015).

6.0 ASSESSMENT - 6.1 The principle of the erection of garages in replace of the existing timber garage has already been accepted through four previous planning approvals. The removal of the existing brick double garage is also considered acceptable. The main consideration there for is whether the proposed scheme in principle is acceptable and whether the proposal could be designed to ensure the Conservation Area character or appearance are preserved or enhanced. - 6.2 It was noted when visiting the site that this side/area of Windsor Terrace is characterised by modern garages. It is presumed when the properties where originally built, the land was used as gardens as the properties themselves having little external space. This proposal would increase the level of off-street parking for the residents of Windsor Terrace which is of benefit to highway safety but also removing cars off the road which can also be beneficial to the visual amenities of the street scene.

6.3 The applicants have also indicated that the land to the rear of the garage would be still utilised as garden space. Visiting the site it was noted the ground level to the rear of the proposed garage is level with the existing garages roofs and the applicant has indicated that and detailed application would ensure the subsoil is retained on site and levelled. It is noted the recently completed garage to the north of the site, has grasscrete on its flat roof and could be used as a garden. - 6.4 Overall, it is considered the principle of the proposal is acceptable and a suitable designed garage building could be undertaken which would not have a detrimental impact on the character and appearance of the Conservation Area.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Douglas Local Plan and therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

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: 06.01.2016 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, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (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.

• C 4. The garages hereby approved shall at all times be made available for the parking of private motor car(s) and shall be retained available for such use by the occupants of Nos. 2, 3 & 4 Windsor Terrace only. Reason: To provide adequate off-street parking.

This approval relates to drawings reference numbers 1, 2 & 3 all received on 26th November 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 06.01.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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