Officer Report

Application No.: 16/00919/B Applicant: Mr David Bowen Proposal: Erection of garage with external hardstanding to front Site Address: Garage Opposite 4 Windsor Terrace Douglas Isle of Man IM1 3LH Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is a rectangular parcel of land on the western side of Windsor Terrace in Douglas, associated with no 2 Windsor Terrace. On either side of the site there are flat roofed garages, either constructed or recently approved (16/00698), which serve the Victorian terraced houses to Windsor Road. - 1.2 The site currently has a shed on it, which fronts onto the highway. The land slopes upwards away from the highway.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the erection of single flat roofed garage with two roof lights and hardstanding to the front of it. The garage would have a width of 3.5 metres, a depth of 8 metres and a height of 4 metres. The garage would be setback 6.5 metres from Windsor Terrace and the area between the garage and highway would be block pavers laid forming a parking area. The garage is for no 2 Windsor Terrace. - 2.2 Due to the topography of the site the footprint of the proposed garage will require levelling and removal of earth. This is shown on drawing 16/2560/2. The earth will be graded and bunded to the rear of the garage leaving a 1m walking space to the rear.

3.0 PLANNING HISTORY - 3.1 This site and the adjacent plots have a history of applications and approvals for the erection of garages, the most relevant and recent being; 16/00698/B - Erection of garage - approved (on appeal) - adjacent plot Application site 10/01327/B - Erection of detached garage to replace existing shed - approved

10/01138/B - Demolition of existing timber garage and erection of replacement garage and hard standing - Approved.

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14/00599/B - Erection of detached garage to replace existing (amendments to PA 10/01327/B) Approved - application site and adjacent plot

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:

• 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;

• 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;

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 DOI Highways - This proposal is for a garage and a parking space provided on a piece of land within a row of garages. The dimensions of the garage and parking space meet current standards. Highway Services do not oppose this application. 06.09.2016. - 5.2 Douglas Corporation - no objection. 06.09.2016. - 5.3 The owners/occupiers of 1 Windsor Terrace, Douglas have objected on the application which can be summarised as (received on 17.08.2016 & 30.08.2016); there are some discrepancies on the plans, the depth of the garage intrudes too far into an area of open space and is likely to be prejudicial to the visual amenities of the Conservation Area and has potential to effect the walnut tree in their plot and no details of how this would be dealt with have been indicated. - 5.4 The owners/occupiers 5 Windsor Terrace, Douglas have commented on the application which can be summarised as (received on 26.08.2016); any decision should await appeal decision in relation to 16/00698/B; subject to that while they accept principle a garage could be built on site; that materials are to match the garage at no 5 is welcome street scape should be considered with 16/00698/B proposal; no provision of a suitable access to the roof and surrounding landscaping; whilst these concerns may not constitute matters appropriate for 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. - 5.5 In response to comments received regarding a nearby walnut tree Department of Environment, Food and Agriculture Forestry Division was consulted. Their comments were as follows:

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• o The proposed development is likely to encroach in to the rooting area of the tree and have a detrimental impact upon its health.
• o The tree is young and has the potential (if it survives) to get much bigger. It is therefore very likely that there will be some conflict in the future if the proposal is approved and the tree is retained.
• o Using the categorisation system recommended in the British Standard (5837:2012), by virtue
• of its size and poor form, this would be a category C tree. This means it is classified as a low quality tree not worthy of being a material constraint. o The visual impact of removing this tree would be minimal. The visual impact of a deterioration in the health of the tree would be even less.

If the tree had been marked for removal I would not have objected. I don't object to what is proposed in this application. 25.11.16.

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 issue is considered to be whether the proposed development would preserve or enhance the character or appearance of the Windsor Road Conservation Area. - 6.2 The west side of Windsor Terrace is already lined by a number of garages, and one was recently approved on appeal on the site adjacent under 16/00698. The Inspector in this instance concluded that the proposed garage would accord with, and help preserve, the existing character of the Conservation. - 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 It is considered that another garage would be in keeping with the existing street scene and as such it is concluded similarly to, 16/00689/B, that the proposal would accord with the requirements of Environment Policy 35. Other Matters - 6.5 With regards to the walnut tree Department of Environment, Food and Agriculture Forestry Division consider that while it is likely to be affected by the proposal as it is a category c tree it is not worthy of being a material constraint. - 6.6 With regards to the other matters raised in relation to land ownership and boundary disputes the agent has confirmed that this are being dealt with. While not a planning matter it can affect the implementation of a planning permission, but does not form part of the consideration of an application.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is 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;

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• (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: 24.11.2016 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. 2 Windsor Terrace and/or purposes ancillary to the residential use of the main dwelling No. 2 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.

• C 3. The walls of the garage hereby approved must be finished in render to match those of the garage on plot associated with no 5 Windsor Terrace. Reason: For the avoidance of doubt and to protect the appearance of the area.

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This approval relates to drawings 16/2560/01 and 02 both date stamped received 3 August 2016.

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: 05.12.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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