Officer Report

Application No.: 16/00698/B Applicant: Mr Steinar Draegebo Proposal: Erection of single garage and hardstanding. Site Address: Land Adjacent To 4 Windsor Terrace Douglas Isle of Man IM1 3LH Case Officer : Mr Chris Balmer Photo Taken: 06.07.2016 Site Visit: 06.07.2016 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. 5 Windsor Terrace, albeit the owner of the application site owns No. 4 Windsor Terrace. - 1.2 The site is currently lawned, but has a stone wall which fronts onto the highway, which prevents views of the site from Windsor Terrace. To either side of the site are single storey flat roofed garages used in association with the properties along Windsor Terrace.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the erection of single garage and hardstanding. The garage would have a width of 6 metres, a depth of 13.8 metres and a height of 4.2 metres. The garage would be setback 6 metres from Windsor Terrace and consequently the area between the garage and highway would be block pavers laid forming a parking area.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of four 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 four previous planning applications were granted planning permission and have been listed below:

PA 15/01294/A :Approval in principle for the demolition of existing garage and erection of a block of three double garages addressing siting only.

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 owners/occupiers of 5 Windsor Terrace, Douglas have commented to the application which can be summarised as (received on 13.07.2016); accept principle a garage could be built on site; concern rear access to the garage is impractical given surrounding topography; no provision of a suitable access to the roof for maintenance of the intended green space; whilst these concern may not constitute matters appropriate fr determination of the application, they are raised as points of observation and can, no doubt, be accommodated in the overall scheme once the practicalities of construction are considered. - 5.2 The owners/occupiers of 1 Windsor Terrace, Douglas have objected to the application which can be summarised as (received on 10.07.2016 & 19.07.2016); there is ample space to permit the sympathetic design of a layout incorporating both adequate parking and landscaping which would make an attractive contribution to the visual amenities of this Conservation Area; Unfortunately the new proposed development would destroy this possibility; space presently defined by the surrounding terraces has all the potential of a Georgian square which can be appreciated bot only

from those terraces but also importantly from the Manx Museum and the much use public walkway in front; This is a special corner of Douglas and our interest in making this objection is with a view to protecting and enhancing its visual amenities for local residents and public alike; and there is indeed a danger on the link between Windsor Terrace and Derby Square via a short stretch of roadway on Cambridge Terrace where pedestrians have no refuge/ pavement and where motorists sometimes have near misses because cars cut diagonally across the corner; my fear is further exiting from new garaging without these 2 factors being addressed by the Highways Department, would exacerbate the situation.

6.0 ASSESSMENT - 6.1 The principle of the erection of a garage has previously been accepted on this site and again there is no reason why a garage on this site would be considered unacceptable. The main consideration there for is whether the proposed scheme would ensure the Conservation Areas character and/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 garage would be designed in a very similar style and finish as the recently completed garage immediately to the north of the site (associated with Nr 5), albeit the current proposal would be smaller in footprint and setback form the highway. - 6.4 Overall, it is considered the proposal would be an appropriate form of development and be in keeping with the street scene. The potential removal of cars off the highway would be beneficial to highway safety and the visual appearance of the street scene. Accordingly, the proposal would preserve 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.

In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the

subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupiers of 5 Windsor Terrace, Douglas The owners/occupiers of 1 Windsor Terrace, Douglas Recommendation Recommended Decision: Permitted Date of Recommendation: 25.07.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The garage hereby approved shall at all times be used only for domestic storage including car parking, associated with No. 4 Windsor Terrace and/or purposes ancillary to the residential use of the main dwelling No. 4 Windsor Terrace and may not be used for commercial purposes.

Reason: To ensure that the garage is not used for purposes which could adversely affect the use of the adjacent garaging and parking area and to protect the amenity of the area in general.

This approval relates to drawings reference numbers and 16/2549/01 and 16/2549/02 all received on 22nd June 2016.

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

Decision Made : Permitted Date : 27.07.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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