Officer Report 12/00767/B

Officer's Report

Application No.:	12/00767/B
Applicant:	Braeside Developments Ltd
Proposal:	Alterations and extension to rear annex to form a dwelling with garage
Site Address:	6 Sydney Street Douglas Isle Of Man IM1 3JB
Case Officer:	Miss Melissa McKnight
Photo Taken:	13.06.2012
Site Visit:	13.06.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the rear annex of No. 6 Sydney Street, a two storey corner property sited on the northern side of Sydney Street and the eastern side of Oxford Street, Douglas. The rear annex fronts onto Oxford Street. Oxford Street runs parallel to Brisbane Street and adjoins Derby Road to the north and Sydney Street to the South. No. 6 Sydney Street fronts Sydney Street and looks onto the Telephone Exchange building.

1. The rear annex is a part two and single storey rear annex that does not have the same architectural merit as the main dwelling house. The single storey part of the rear annexe has a flat roof to with a lean to roof to the second storey section. There is a lawned area between the front of the annex and footpath that is bounded by a low rise wall with decorative railings above.

1. Oxford Street has a uniform terraced appearance with some properties on the eastern side having dormers. However, the properties on the western side do follow a completely uniform design. It should be noted that No. 7 Sydney Street, a corner two storey dwelling sited on the northern side of Sydney Street but on the eastern side of Oxford Street has a similar layout to the application site with a rear outrigger that accommodates a self contained dwelling which does not follow suit of the appearance of the properties on Oxford Street.

1. Parking is restricted on Oxford Street during the hours of 8am-6pm Monday to Friday to a period not exceeding 2 hours.

The Proposal

1. The planning application seeks approval for the alterations and extension to rear annex to form a two bed roomed dwelling with garage.

1. The existing rear annex projects 15.9 metres from the rear elevation of 6 Sydney Street, with the two storey section of the annexe having a width of 3.7 metres and the single storey section having a width of just less than 5.3 metres. The two storey section has a height of 6.2 metres with the single storey having a height of 2.8 metres.

1. The proposed extension will increase the width of the existing two storey section to come in line with the single storey flat roofed part of the annex adding an additional 1.6

metres. The existing lean to roof is to be replaced with a pitched roof and will remain 6.2 metres high. There are to be two new roof lights installed on the rear elevation. There is to be moulding above the ground floor windows to match the neighbouring terrace and a ballustrading topped wall to also match that of the neighbouring terrace.

Planning History

1. The application site has been the subject of six previous planning applications, four of which are considered materially specific to that assessment of this planning application:

PA 11/01211/B: Alteration and extension to rear annex to form a dwelling. This previous planning application was refused on the grounds that the proposal would result in unacceptable street parking in the locality.

PA 09/00228/B: Demolition of annex and erection of dwelling with associated parking. This previous planning application was permitted.

PA 08/00691/B: Erection of a detached dwelling. This previous garage was refused on the grounds that the proposed development would result in the introduction of a dwellinghouse which is out of keeping with the general character and appearance of the locality, result in demonstrable harm to the occupiers of No.6 Sydney Street from visual intrusion and being overbearing. The proposed development would also not provide a satisfactory living environment for the future occupiers of the dwellinghouse due to the inadequate provision of private amenity space.

PA 07/01665/B: Demolition of existing annex and erection of a detached dwelling with associated parking. This previous planning application was refused on the grounds that the proposed dwellinghouse would result in the introduction of a prominent and incongruous dwellinghouse which is out of keeping with the general character and appearance of the locality and would therefore cause significant harm to the visual amenities of the street scene as well as result in demonstrable harm to the occupiers of No.6 and No. 5 Sydney Street from overlooking, loss of privacy, visual intrusion and overbearingness. The proposed development would also not provide adequate parking standards and the proposed development would not provide a satisfactory living environment for the future occupiers of the dwellinghouse due to the inadequate provision of private amenity space.

Planning Policy

1. In terms of local plan policy, the application site is Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (south).

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

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."

Paragraph 8.12.1 states:

"As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general"

Environment Policy 42 states:

"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

Transport 7 states:

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

For Residential Terraces:

"2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity.

Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area."

Representations

1. Douglas Borough Council has no objection to the current planning application.

1. The Highways Division have recommended that the current planning application be refused on the following grounds:

"The proposed development would not provide off-street parking in accordance with the standards set out within Appendix 7 of the IOM Strategic Plan.

Minimum private parking space is 6 x 3.25 per car space, proposed development cannot provide this standard."

NB: Amended plans were submitted by the agent detailing an additional area of hard standing adjoin the proposed garage in the front garden of the proposed dwelling. The proposed development no includes a single garage and a separate parking space measuring 6 x 3.25 metres. The Highways Division now have no objections to the current planning application.

1. The Manx Electricity Authority (MEA) express their interest in the planning application requesting that the applicant contact the MEA Planning Department (Tel. 687781), to discuss the electricity supply for this application.

1. A representation from the Owners of The Cottage, 2 Oxford Street was received objecting to the current planning application. Their objections have been summarised below:

1) There are no scale markings on any of the front /side/end elevations and the rear elevation is not shown at all on the plan. 2) There is no indication of where the oil tank is to be placed. 3) The sewer and heavy waste pipes were attached to the Oxford Street side of the building above the front door. 4) Parking is a problem on Sydney Street, more vehicles will add to this problem. 5) Interest has been expressed already how the asbestos roof would be demolished, bearing in mind Health & Safety regulations, risk factors and current practices. 6) Building another dwelling in the back garden of a property has been stopped in the United Kingdom classing the garden as a brownfield site. For instance could No's 1 to 5 Sydney Street building in their back gardens.

1. A representation was received by the owner of 33 Ballaquark, Douglas commenting on the current planning application. Their objections can be summarised as the parking standard is 3 parking spaces to the rear of the building line. Only two are shown. The representation would like to know are they one for each dwelling or are they only for the new dwelling and none for No. 6 Sydney Street.

Assessment

1. There are a number of key issues to consider in the assessment of this planning application;

1) The impacts of the proposed development on the residential amenity of the local residents of Sydney Street and Oxford Street; 2) The impacts of the proposed development on the existing dwelling and on the surrounding area and street scene; and 3) The impact of the proposal on parking.

Residential Amenity

1. In terms of the impact of the proposal on the surrounding residential amenity it is considered that the potentially affected properties are No. 5 and No. 6 Sydney Street and No. 2 Oxford Street

1. With regards to No. 5 Sydney Street the main issues to consider here would be the potential loss of light, loss of privacy and whether or not the proposed alterations would cause the new dwelling to appear as an overbearing feature. The height of the proposed new dwelling is not to be any higher than that of the existing rear annex and there are to be no windows installed on the rear elevation of the new proposed therefore preserving private amenity. Given the orientation of the rear of the properties loss of light is not considered to be an issue. Overall it is judged that the residential amenity of the local residents of No. 5 Sydney Street is not judged to be unduly harmed.

1. In terms of No. 6 Sydney Street, the main issue to consider is whether the residential amenity would be affected. As there are no windows installed on the north side gable of No. 6 Sydney Street, loss of privacy or light would not be an issue. Given that there is to be an amenity area lost for No. 6 Sydney Street it is not judged to cause a great adverse impact

given that No. 6 Sydney Street still has private amenity space to the front and side of the property.

1. No. 2 Oxford Street is sited directly adjacent to the application site. It is judged that given the distance from the site and the fact there is to be no additional glazing installed, albeit the roof lights, the proposal would have a limited impact on the residential amenity of the local residents of 2 Oxford Street.

Street Scene

1. At present, the rear annex is not sympathetic to the character and appearance of the street scene and the alterations proposed would improve the overall appearance of the building, albeit the flat roofed garage section.

1. The application site has had a history of similar planning applications with the most recent 2011 planning application comprising a very similar design and layout in terms of its appearance and external features. The difference with the current planning application is the removal of the previously proposed ground floor utility and shower room to be replaced with additional parking space within an integrated garage and a single external parking space at the front of the proposed dwelling.

1. The proposed dwelling, excluding the flat roofed garage, would be considered to be sympathetic to the other properties within the locality as the design would follow a similar appearance to that of No. 2 Oxford Street. Whilst the flat roofed garage is not ideal given the appearance of and design of Oxford Street, as there are a mix of properties on the eastern side of Oxford Street with dormer extensions that are also not ideal to the contribution of the street scene, the presence of the flat roof above the garage is not considered to be a sufficient sole reason to warrant a refusal.

1. However, all properties on Oxford Street have small front gardens bordered by low front walls with the majority comprising railings above. The proposed development does not retain this feature within the design. The introduction of a car parking space at the front of the dwelling in place of a garden area is considered to upset this character and is therefore judged to have a damaging and detrimental impact on the street scene of Oxford Street and is deemed to be unsympathetic within the locality.

1. The parking layout under PA 09/00228/B was considered acceptable as it was set behind building line with access gained from the rear lane. The parking layout allowed for the retainment of the garden area at the front of the dwelling that characterises a traditional Victorian Terrace.

Parking

1. The Highways Division first recommended that the application be refused on the grounds that the proposal cannot provide the minimal requirements of the internal measurement of metres for a double garage. The proposed double garage measured 5.6 x 4.6 metres. The applicants and their agent were informed and they amended the plans to detail an additional single parking space at the front of the proposed new dwelling that measures metres. The Highways Division are content with the new parking layout and do not have any objections to the new amended plans.

1. Whilst parking standards can be met through this proposal, the layout is contrary to Transport Policy 7 in the sense that the proposal detracts from the amenity of the area.

1. Overall it is considered that the planning application is in accordance with General Policy 2, Paragraph 8.12.1 and Transport Policy 7 and Appendix 7 of the Isle of Man Strategic Plan 2007

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. The local authority, Douglas Borough Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The owners of 2 Oxford Street, immediately adjacent to the application site

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Manx Electricity Authority

The owner of 33 Ballaqaurk, Douglas

Recommendation

Recommended Decision: Refused

Date of Recommendation: 31.08.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The proposed creation of a parking space at the front of the dwelling would be contrary to General Policy 2b, c and g and Transport Policy 7 for Residential Terraces of the Isle of Man Strategic Plan 2007 by reason of its design and layout it would interrupt the street scene which would detract from the character of the area to the detriment of the visual amenities of the locality.

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 : Refused Date : 4.9.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager