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Application No.: 16/00283/B Applicant: Mr Gerrard Michael Hannay Proposal: Erection of two garages with hardstanding area Site Address: Land To Rear Of 15 Westminster Drive Douglas Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 12.04.2016 Site Visit: 12.04.2016 Expected Decision Level: Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE LEVEL OF OBJECTIONS RECEIVED AND AS THE APPLICATION IS RECOMMENDED FOR AN APPROVAL.
1.0 THE SITE - 1.1 The site is the parcel of land to the rear of 15 Westminster Drive, Douglas located to the south-eastern side of Westminster Drive and to the northwest of Ballakermeen High School. The site is almost rectangular in shape and current accommodates two timber sheds and a green house. The site has no association with Nr 15 Westminster Drive, nor does the owner of the application site own any properties along Westminster Drive. - 1.2 The site is accessed via an access lane which runs from Westminster Drive along the gable end elevation of 15 Westminster Drive to the application site. The access lane then continues along the rear elevations of the properties along Westminster Drive providing access to the rear of these properties and also a number of garages which are presumed to be used with the residential properties in the area.
2.0 THE PROPOSAL - 2.1 The application seeks approval for erection of two garages with hardstanding area. The two garages would be located within one building which would have a flat roof design and have a width of 6.3 metres, a depth of 10 metres and a maximum height of 2.8 metres. The garage would have an external finish of smooth cement render painted or dash render. The garage building would be set 5.2 metres back from the access lane with the proposed hardstanding in front. - 2.2 The applicant has advised that it is the applicant's intention to use the larger of the two garages for himself and rent the smaller one out which will help fund the build.
3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site is not within a Conservation Area. - 3.2 As such, the proposal should be considered in respect of the following Strategic Plan policies and guidance: - 3.3 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:
4.0 PLANNING HISTORY - 4.1 There is a single previous planning applications associated with this site is considered relevant in the determination of this application: - 4.2 Erection of five garages - 01/00726/B - REFUSED on the following grounds:
"R 1. Insofar as the proposed use would involve traffic or activity which is not directly associated with the immediate residential area, the development would give rise to unwarranted and undesirable noise, disturbance and obstruction of the lane."
5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that they do not oppose the application (05.04.2016). - 5.2 Douglas Borough Council indicates that they do not object to the application (13.04.2016). - 5.3 A letter prepared by the owner/occupant of 13 Westminster Drive, Douglas and signed by the owners/occupiers of 15, 17, 19, 21, 25, 27, 31, 33, 35, 37 and 39 Westminster Drive, Douglas has been received and the contents of the letter are to objected to the application which can be summarised as (received on 07.04.16); proposal would provide 4 spaces for vehicles none in associate with any neighbouring residential property; could be let out to others or used by the owner of that parcel of land for his own purposes; not likely to be used merely for parking; concerned garage would be used for commercial purposes (i.e. offices) or for people wishing to fix up or tinker with cars; will lead to increase and noise due to additional traffic/; visually detrimental to my property (Nr 13) casting a shadow over garden/patio area; highway safety concerns due to additional traffic; refusal of a similar application on site (01/726); wildlife concerns during construction of the garage; and loss of two palm trees. - 5.4 The owner/occupiers of 31 Westminster Drive, Douglas have also send a separate letter of objection which can be summarised as (received on 08.04.16); lane is privately owned by the residents and we are responsible for the upkeep, extra traffic will make this harder; the proposal for four parking spaces for non-residents will add extra congestion to the small lane; highway safety concerns; loss of privacy; concerned garages will be used on a commercially, creating additional noise; proposal will only create more parking problems in the area; loss of trees and impact upon wildlife during construction.
6.0 ASSESSMENT - 6.1 The key issues in this case are the potential visual impact of the garages to the street scene; potential impacts of the garaging upon the living conditions of those in adjacent properties; and potential highway safety concerns. THE POTENTIAL VISUAL IMPACT OF THE GARAGES TO THE STREET SCENE - 6.2 Visiting the area it was noted that the views of the site from the public highway (i.e. Westminster Drive) are very limited given the site is set behind the residential properties which run along Westminster Drive. The only exception to this was when viewed from the junction of the access lane with Westminster Drive, where a partial view of the proposed garage would be noticed. Currently such views are of one of the timber shed on the site. Given public views would be limited it is not considered the proposal would have such an adverse impact upon the visual amenities of the area to warrant a refusal. It is also noted that along the rear access lane there are a number of flat roofed garage similar in appearance to what is proposed. - 6.3 The loss of the two palm trees are unfortunately, but these do not add significantly to the visual amenities of the street scene, nor does the Forestry Division have any objection to their removal. - 6.4 Accordingly, for the reasons given it is considered from a visual respect the proposal would comply with General Policy 2 of the IOM Strategic Plan.
POTENTIAL IMPACTS OF THE GARAGING UPON THE LIVING CONDITIONS OF THOSE IN ADJACENT PROPERTIES
6.3 Arguably, this is one of the main concerns raised by local residents and was a concern of the previous applications, albeit for five garages rather than the two proposed now. Quite understandably, a number of residents have raised the concern of the garages being used on a commercial basis and/or person using the garage to undertake repair works to vehicles, and therefore have an impact upon the residential amenities through disturbances of noise and/or comings and goings of vehicles, none of which associate with the neighbouring residential properties. - 6.4 The applicants have confirmed that the use of the larger of the two garages would be for himself and he would rent the smaller one out which will help fund the build. They indicate the applicant's preference would be given to a tenant who lives nearby - for the smaller garage. - 6.5 On this matter the Planning Directorate has enquired whether the applicant would accept a condition being attached to ensure neither of the garages could be used on a commercial basis (except to rent out on a domestic basis), which the applicant confirms he would have no objection to. The applicant proposes the use of the garage for private vehicles / storage only. - 6.6 Furthermore, to overcome concerns of person working on/repairing vehicles, especially outside of the garages, on the areas of hardstanding; it is considered a condition could also be attached which restricts this use as well and that the hardstanding proposed may also only be used for non-commercial purposes and for the parking of vehicles only and not for the maintenance or repair of vehicles. - 6.7 In relation to the potential impacts upon residential amenities upon the occupants of Nr 13 Westminster Drive, namely loss of light/overbearing impact upon outlooks. It was noted when visiting the site that the existing boundary treatment consist of an approximately 1.8 metre high wall and fence line behind. It is considered with this existing boundary treatment (proposed to install a new 1.8m high fence to replace existing), the fact the flat roofed extension would be set between 1.1 and 0.7 metres away from this boundary and given the height of the flat roofed garage; it is not considered the impact upon neighbouring amenities would be so significant to warrant a refusal.
6.8 In relation to the previously refused application (01/00726/B) it is noted that proposed five garages on the site and that the use appeared to be for commercial storage purposes. This proposes would be for fewer garages and is not proposing a commercial element. - 6.9 Overall, it is considered with the appropriately worded condition on the uses of both the garages and areas of hardstanding fronting the garages, the proposal would not result in a significant adverse impact to upon residential amenities to warrant a refusal. POTENTIAL HIGHWAY SAFETY CONCERNS - 6.10 The potential impact upon highway safety could be mainly depend on the amount and traffic generated by the proposed garages i.e. the uses. As indicated above, with an appropriately worded condition, such restrictions would limit the potential traffic comings and goings from the site. - 6.11 The areas to the rear of Westminster Drive which are served by the access lane appeared to be characterised and being used for the parking of vehicles, and it is concluded two additional garages at the beginning of the access lane would unlikely result in significantly highway safety concerns. - 6.12 It is noted Highway Services have raised no objection to the proposal and therefore given the lack of an objection and for the reasons indicated, it is considered the proposal would comply with General Policy 2 of the IOMSP.
7.0 RECOMMENDATION - 7.1 Overall, for the reasons indicated with this report it is concluded the proposal complies with the relevant planning policies of the Isle of Man Strategic Plan and therefore it is recommended the application is approved subject to conditions as listed.
8.0 INTERESTED PERSON 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:
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.
8.2 In line 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: Owners/occupiers of 13, 15, 17, 19, 21, 25, 27, 31, 33, 35, 37 and 39 Westminster Drive, Douglas
Recommendation Recommended Decision: Permitted Date of Recommendation: 17.05.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…20.06.2016
Signed :………C BALMER………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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