Officer Report

Application No.: 17/01031/GB Applicant: Mr David & Mrs Lorna Martin Proposal: Variation of condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with registered building application 17/01032/CON) Site Address: Vine Villa 8 Derby Square Douglas Isle of Man IM1 3LS Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.10.2017 _________________________________________________________________

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 details of the external architectural features and detailing, such as the bay windows, string course, cornices and rainwater goods, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the visual amenities of the character and appearance of the individual building and conservation Area.

• C 3. No development shall commence until full details of the joinery for the external doors and windows, including joinery profiles, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the visual amenities of the character and appearance of the individual building and conservation Area.

• C 4. No development shall commence until a sample of the natural slate to be used in the construction of the roof has been provided on site and approved in writing by the Planning Authority. The approved sample panel shall be kept on site for reference until the development is completed. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the visual amenities of the character and appearance of the individual building and conservation Area.

• C 5. No meter boxes or extract ducts shall be fixed to the front (west) or side elevations (north and south).

Reason: In the interests of the visual amenities of the character and appearance of the individual building and conservation Area.

• C 6. The garages hereby approved shall at all times remain free of obstruction, thereby to enable parking of private motor vehicle(s) associated with the development.

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

Plans/Drawings/Information:

This approval relates to drawings reference numbers 13/2013/01, 13/2013/03, 13/2013/04A, 13/2013/05, 13/2013/06, 13/2013/07 and 13/2013/08 all received on 20th September 2017.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of Vine Villa, a traditional Victorian single storey dwelling sited on the north eastern corner of Derby Square, Douglas. - 1.2 Derby Square is characterised by its predominantly three-storey Victorian terraces to the four sides of the central green square. The majority of the properties are painted render with the varying degrees of architectural detailing, a result of alteration and to some extent, the differing approaches of its builders. In the main, the existing properties in the square are characterised as follows. The entrance door to the Ground Floor is arched headed, with a large format sliding sash window to the side, a heavy string course dividing ground and first floor which is modelled as the Piano Nobile with high sliding sash windows with heavy fluted surrounds and a smaller format sliding sash window at second floor. The eaves line is a heavily rusticated cornice. The architectural treatment does vary with 'ashlar' ruling in the render, cast iron balconies at first floor level and varying dormer formats.

2.0 PROPOSAL - 2.1 the application seeks planning approval for the variation of condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with

• double garages, to extend the period of approval for a further four years (in connection with registered building application 17/01032/CON).
• 2.2 The works involve the demolition of the existing dwelling and outbuildings, and the erection of a four storey building comprising rooms in the roof (alternatively commonly referred to as three and half storeys), containing four duplex apartments.
• 2.3 qThe apartments would be provided in a single large block set back from the road with a formal garden area at the front. There would be circulation wings at either end of the building, including a stair case and lift. Each apartment would have a double garage at the rear, accessed via Derby Square Lane from the east side. Above the garages would be a raised terrace provided additional private amenity space for each apartment.
• 2.4 The architectural approach is for a Victorian style building to mimic the traditional Victorian townhouses on Derby Square. The features include ground floor bay windows and glazed arched doors at the front. There would be a string course at first floor level and cornice at eaves level over which there would be a small balcony off the accommodation in the roof. At the rear, the building would have a much more contemporary appearance with modern casement and fixed glazing. There would be a small balcony at fourth floor level at the rear. Materials would be painted smooth sand cement render for the walls, cast stone copings, timber vertical sliding sash windows, and natural slate roof.
• 2.5 The proposals including the rebuilding of the boundary wall at the back of the footway at the front facing onto Derby Square. The existing section of natural stone wall will be removed and replaced with a new low wall rendered walling with railings above to match the other side.
• 2.6 The proposals also involve the felling of two small trees in the existing front garden of Vine Villa.

1. There is a concurrent registered building application to vary condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with application 17/01031/GB).

3.0 PLANNING POLICY - 3.1 The site is identified as being within a predominantly residential area by the Douglas Local Plan 1998. The application site is within the Windsor Road Conservation Area designated in September 2003. - 3.2 The Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 Strategic Policy 1 states: 'Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.'

3.4 Strategic Policy 2 states: 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.'

3.5 Strategic Policy 4 states: 'Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance.'

3.6 Strategic Policy 5 states: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.' - 3.7 Strategic Policy 10 states: 'New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement.'

3.8 Spatial Policy 1 states: 'The Douglas urban area will remain the main employment and services centre for the Island.' - 3.9 Spatial Policy 5 states: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' - 3.10 General Policy 1 states: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' - 3.11 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.'

3.12 Environment Policy 35 states: 'Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.' - 3.13 Environmental Policy 39 states: 'The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.' - 3.14 Housing Policy 4 states: 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7,

8, 9 and 10;

• (b) conversion of redundant rural buildings in accordance with Housing Policy 11;

and

• (c) the replacement of existing rural dwellings and abandoned dwellings in

accordance with Housing Policies 12, 13 and 14.'

3.15 Transport Policy 7 of the Isle of Man Strategic Plan 2007 states:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

3.16 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains Policy CA/2, which is considered specifically material to the assessment of this planning application. Policy CA/2 - Special Planning Considerations states:

'When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.'

3.17 POLICY CA/6 Demolition states: 'Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the

building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole.'

4.0 PLANNING HISTORY - 4.1 The following planning applications are considered relevant in the assessment and determination of this application: - 4.2 13/91226/B - Demolition of existing buildings and construction of four duplex apartments each with double garages (in association with 13/01227/CON) - APPROVED - 4.3 13/01227/CON - Registered Building Consent for demolition of the existing buildings, as they are situated within a Conservation Area - APPROVED - 4.4 08/01677/A - approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses. - 4.5 02/02464/B - application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments.

5.0 REPRESENTATIONS - 5.1 Highway Services make the following comments (19.10.2017): "The proposal is to vary a condition to extend an existing approval PA 13/91226/B for a further 4 years.

There have been no significant changes in circumstances to warrant refusal of this application subject to the conditions on the original application."

5.2 Douglas Borough Council have no objection (19.10.2017).

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 Condition 1 of PA 13/91226/B & 13/01227/CON. - 6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received. - 6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes

in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.

- 7.0 CONCLUSION

7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenities, have no highway safety implications and provide adequate off road parking provisions, enhance the character and appearance of the Windsor Road Conservation and also without causing undue harm to the natural environment or cause undue harm on public amenity. - 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; and
• (e) The local authority in whose district the land the subject of the application is situated. _____________________________________________________________________

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 03.11.2017 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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