Officer Report

Application No.: 16/00614/B Applicant: Mr Haydn Brand Proposal: Variation of condition one of PA 11/00435/B, Erection of a 4 apartment block on vacant plot, with associated car parking and access, to extend period of permission Site Address: Plot 34 Castlemona Avenue Douglas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 15.06.2015 Site Visit: 15.06.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises a vacant plot of land which is situated on the eastern side of Castle Mona Avenue. To the southwest of the application site is a fairly new four storey residential development and to the north east is the residential property of No.36 Castle Mona Avenue. To the rear of the application site is Esplanade Lane and on the opposite side of the lane are the properties of Derby Terrace.

2.0 THE PROPOSAL - 2.1 This application seeks approval for variation of condition one of PA 11/00435/B. The original application sought approval for erection of a 4 apartment block on vacant plot, with associated car parking and access, to extend period of permission.

3.0 PLANNING POLICY - 3.1 The application site is located within an area identified as being Predominantly Residential by the Douglas Local Plan. The site is not within a Conservation Area. - 3.2 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 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."

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of two previous planning applications which are considered materially relevant to the assessment of this application: - 4.2 Erection of a 4 apartment block on vacant plot, with associated car parking and access 11/00435/B - APPROVED - 4.3 Approval in principle for the erection of a block of four apartments with basement parking 07/02159/A - APPROVED

5.0 REPRESENTATIONS - 5.1 The Highways Services of the Department of Infrastructure do not objects (on 01.08.2016). - 5.2 Douglas Corporation does not object (on 07.07.2016).

6.0 ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years to the time in which the permission should be implemented. - 6.2 The principal issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan Order 1998 and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken. No new legislation has been brought into force.

7.0 RECOMMENDATION - 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. - 7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.

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 Division 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: 02.08.2016 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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Furthermore each apartment within the development is required to be allocated one parking space each and these are required to be retain thereafter.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

This approval relates to drawings reference numbers 10-J120-10 REV 1, 10-J120-11 REV 1 and 10J120-13 REV 1 all received on 26th May 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: 04.08.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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