Officer Report

Application No.: 16/00638/B Applicant: Mumba Holdings Proposal: Erection of a boundary fence with associated planting Site Address: Thie Ny Strooan Hillberry Green Douglas Isle of Man IM2 6DE Case Officer : Mr Chris Balmer Photo Taken: 23.06.2016 Site Visit: 23.06.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of a detached property known as Thie Ny Strooan, which is located within Hillberry Green, Douglas. The previously existing dwelling to the west of the site has been demolished and a replacement dwelling was recently under construction, although what stage the building works are currently at is unknown. - 1.2 A watercourse runs through the site from north to south. The eastern half of the site rises towards the A18 Mountain Road and has mature tree planting within it. The section of the site closest to Mountain Road is more open but also has tree planting within it, focused mostly around the edges. The boundary with Mountain Road was until recently formed by a Manx sod bank; this has been removed, presumably in anticipation of the grant of planning approval for a previous planning application that was subsequently withdrawn. - 1.3 Behind this boundary line sits a recently completed indoor tennis court. - 1.4 To the southeast of the site is a cluster of three detached dwellings, Gleneagles, Glen Kella and Glen Nook, Mountain Road, Douglas. These properties share an access from the Mountain Road which is situated to the immediate north of Glen Kella and adjoins the southern boundary of the site. A brick wall runs along the boundary. - 1.5 To the north are a number of detached dwellings which form a cul-de-sac development known as The Laurels. These properties are accessed from Mountain Road via Hailwood Avenue. Numbers 18, 19, 20, 22 and 23 have boundaries that adjoin or face directly onto the application site.

2.0 PLANNING HISTORY - 2.1 The site has a broad and relevant planning history. Replacement dwellings were approved under successive applications submitted in 2012 (PAs 12/00545/B and 12/001279/B), though it is understood that it is the latter that has been implemented. - 2.2 Also of relevance is the pair of approvals relating to the erection of the tennis court within the site, which was originally approved at appeal under PA 13/00423/B, and latterly approved under delegated authority to PA 14/00154/B; this subsequent application sought approval for an amended design, incorporating the following differences as outlined in the officer report into that latter application:

• o "whilst the new access is still proposed off the A18 as initially approved, the turning and parking area has changed slightly in shape and there is no longer a path link from this parking area to the main house"
• o "the path link from the tennis court building to the house has been relocated to the southern end of the building"
• o "new bridges are proposed within the woodland to facilitate the path link"
• o "the box hedge proposed between the building and Glen Kella and Gleneagles has been
• omitted and tree planting introduced"
• o "the building no longer has a retractable roof but the overall height remains as previously approved"
• o "the smaller annex has been handed such that the windows are in the southern part of the building"
• o "the north eastern elevation which faces the road has large dark grey coloured, powder coated framed glazed areas."

2.3 Following these two approvals, two applications were submitted but withdrawn before a decision could be issued. PA 15/00688/B sought approval for "Erection of boundary fencing and landscape design", while PA 15/00988/B sought approval for "Erection of a roadside gardeners store with roof top viewing platform, greenhouse and garden shed". In view of the fact that some elements of both applications were potentially unacceptable, and some acceptable, both applications were withdrawn. - 2.4 The last application followed for the re-instatement of boundary bank, erection of gardener's store with viewing platform, erection of garden shed and landscaping - 15/01173/B which was approved.

3.0 THE PROPOSAL - 3.1 Full planning approval is now sought for the erection of a boundary fence with associated planting. The boundary fence would be sited behind the recently approved and completed Manx sod bank which has a roadside height of approximately 0.8 metres. The fence proposed would be a railing fence with a height of 1.8 metres. Set behind the proposed fence it is also proposed to plant a laurel hedgerow.

4.0 PLANNING POLICY - 4.1 In terms of land use designation the application site is part zoned as Low Density Housing in Parkland and part zoned as Predominantly Residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. The proposed works are located within the part of the application site that is zoned as Predominantly Residential use. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains two policies that is considered specifically material to the assessment of this current planning application. General Policy

• 2 states (in part): "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 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;

• (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

5.0 REPRESENTATIONS - 5.1 Highway Services of the Department of Infrastructure offered no objection (11.07.2016). - 5.2 Douglas Borough Council offered no objection (08.07.2016).

6.0 ASSESSMENT - 6.1 The key issue is visual amenity of the site in what is a very prominent position. Originally, the boundary was made of a Manx sod bank, very similar in size and positon as the Manx sod bank which was re-constructed recently. Set behind/above the original Manx sod bank was a gorse hedgerow. The remainder of the site was overgrown with a variety of bushes etc. - 6.2 In terms of the works proposed now, it is understood the vertical railing fence is proposed for security reasons and it is believed various positions/designs have been discussed with the applicant, given concerns were raised with the previous application 15/00688/B, which did not include the re-instatement of the sod bank but instead a fence was to front the roadside with a hedgerow behind. Following the Department's concerns with this approach, the application was withdrawn and a subsequent application was submitted which re-instated the sod bank. - 6.3 It is considered the location of the fence behind the existing sod bank would result approximately 1 to 1.2 metre of the railing fence projecting above the sod bank and be visible from the adjacent highway. The inclusion of the laurel hedgerow behind, but close to the railing fence, will potentially result in the growth of the hedgerow growing through the railing fence and perhaps in time the fence will become less apparent from public views. Notwithstanding this, it is considered the position, height and design of the fence is such that it would not become a significant impact upon the visual amenities of the street scene. - 6.4 Visiting the site it appears very clear that additional tree planting is required to ensure the building fits with the street scene as was the original intention and assessment of the Inspector. It is not considered the hedgerow on its own would not achieve what the two permissions (13/00423/B & 14/00154/B) were approved for, as both required tree planting (as shown on approved plans for both buildings) to help reduce the appearance of the building from public views. The applicant is happy for additional semi-mature trees along this roadside boundary. A landscaping condition should be attached to any approval requiring the additional tree planting. This part of Douglas is not characterised by its built development and traditional countryside features would therefore be welcome here. This element of the proposal is therefore considered to be acceptable and fully in accordance with parts (b) and (f) of General Policy 2.

7.0 RECOMMENDATION - 7.1 Subject to the various conditions, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o 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;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o 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: 09.09.2016 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 take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new semi-mature tree planting along the north-eastern roadside boundary of the site. All planting (including the laurel hedgerow seeding), or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 3. The railing fence is required to be painted a dark colour. Reason: In the interests of visual amenities of the area.

This approval relates to drawings reference numbers X0001 B, P3007 and P0009 all received on 3rd June 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: 26.09.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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