Case Officer: Mr Steve Stanley Photo Taken: 16.05.2012 Site Visit: 16.05.2012 Expected Decision Level: Officer Delegation
Officer's Report
Introduction
This application seeks permission to build a dwelling to replace a recently demolished dwelling at a site located within Hillberry Green, Douglas.
The Site
The application site is the curtilage of Thie Ny Stroaan, Hillberry Green, Douglas, the northern-most property within the development. The site was until very recently occupied by a substantial dwelling which has now been demolished under the provisions of 12/000008/BCD and the site has been cleared.
The site is large and is surrounded on all sides by mature tree planting. A watercourse runs to the north west of where the previous house was sited and to where the proposed house is to be built. In terms of adjacent properties, Winterbourne, Hillberry Green is situated to the south. This property is set within its own substantial grounds. To the north are the properties of The Laurels, of which Numbers 18, 19, 20, 22 and 23 have rear gardens which adjoin the site. To the south west are three properties, Glen Kella, Gleneagles and Glen Nook, Mountain Road.
The Proposal
This application seeks approval for the erection of a dwelling which is a replacement for the dwelling that recently existed on the site. The building would be substantial and would have a two storey core with single storey sections to each side. A single storey outlet would extend from the rear elevation. The building would be sited on the footprint of the pre-existing dwelling. This position prevents any need to remove trees to accommodate the development.
The design of the building is traditional adopting a classical architectural approach with what the applicant's architect describes as "Palladian detailing". The external materials of the building would be a light coloured limestone for the walls, Rosemary roof tiles, dark coloured timber windows and doors and black cast rainwater goods. The single storey rear section is intended to provide leisure facilities for the property. This part of the building is to be clad with a "living wall" so that its visual impact is reduced and it reads as a separate building to the main house.
Application No.:
12/00545/B
Applicant:
Sogia Ltd
Proposal:
Erection of a replacement dwelling
Site Address:
Thie Ny Stroaan Hillberry Green Douglas Isle Of Man IM2 6DE
Internally the building would provide 1465 sq.m of living space (compared with 941.5 sq.m of the pre-existing). The surrounding gardens would be landscaped as part of the development.
The existing access to the site would remain unchanged.
Development Plan Policies
The application site is located within an area that is designated by the Douglas Local Plan as being an Area of Low Density Housing in Parkland. There is a specific Planning Circular relating to this land designation. Planning Circular 8/89 sets out the following guidance:
"Areas of existing low density housing in parkland are usually characterised by fine buildings and mature trees standing in landscaped grounds. Whether in the towns or the countryside, such sites make a positive contribution to public amenity. In terms of development potential, they may be classified into (a) those which are clearly within the built areas of the island's Towns and Villages, and (b) those which are not.
In the case of (a)
Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted."
The criteria set out are as follows:
a) Buildings must be substantial, and designed and finished to the highest standard; and b) Each dwelling must be sited, in at least 1 acres (04 ha) of its own grounds, such as to site comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees.
Within the Isle of Man Strategic Plan, the following policy is judged to be relevant:
General Policy 2, which 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;
(1) 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."
Planning History
The following previous planning application is considered relevant to the determination of this proposal:
12/00021/B - Alterations and extensions to form conservatory, gym, bar, study and porch. Permitted.
Representations
The Highways Division of the Department of Infrastructure recommends that this application be approved.
Douglas Borough Council does not object to this application.
The Manx Electricity Authority has commented on this application stating that there are underground cables/overhead lines in the area of the application site.
The Isle of Man Fire and Rescue Service has raised concerns regarding the internal layout of the upper floor. This is a matter controlled by Building Regulations.
The owner/occupier of Winterbourne, Hillberry Green, Douglas supports this application stating that they feel the design of the proposed dwelling is in-keeping with the prestigious nature of the neighbourhood and will be of a high standard.
Hillberry Green Limited, Woodlee, Hillberry Green, Douglas supports this application stating that they have been kept informed of the proposals and have no objection to this application. They feel that the construction of the building would be executed to a high standard.
Assessment
The key issues to be assessed in the determination of this application are the impact of the proposed development upon the surrounding area and upon adjacent properties.
The site is large and the proposed dwelling would fit comfortably within it. The property would have substantial grounds and would benefit from mature tree planting to all of its sides. Public views of the site are limited with Hillberry Green being a private road and the location of the property being well set back from Mountain Road. It is judged that public amenity would be adequately preserved by the proposed development.
The proposed building would be sited in very much the same position as the previous dwelling. This siting means that adjacent properties will be set a significant distance from the proposed dwelling. In addition to this, the site has mature planting to all of its boundaries. This combination of factors is considered to be sufficient to protect the amenity of adjacent properties.
With regards to the criteria set out by Planning Circular 8/89, the proposed building is judged to be of a high quality design, would be substantial in size and would be set in grounds which are considerably larger than 1 acre. Accordingly it is judged that the proposal meets the requirements of Planning Circular 8/89.
Recommendation
Permit.
Party Status
The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The owner/occupier of Winterbourne, Hillberry Green, Douglas Hillberry Green Limited, Woodlee, Hillberry Green, Douglas
Accordingly the following parties are not granted Interested Party Status:
The Manx Electricity Authority The Isle of Man Fire and Rescue Service
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 24.05.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a replacement dwelling, Thie Ny Strooan, Hillberry Green, Douglas as shown by X001, X002, X003, 101, 102, 301, PF01, P001, P101, P102, P103, 301, 302 and Design Statement all received 5th April 2012 and Living Wall Design Statement received 17th May 2012.
C 3. Those elevations shown as being finished with a living wall construction shall be constructed and maintained in accordance with the Living Wall Design Statement received and date stamped 17th May 2012, for the lifespan of the building.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 24-5-12
Determining officer (delete as appropriate)
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : Samuel Sarah Corlett Senior Planning Officer
Signed : Jennifer Chance Development Control Manager
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