DEC Officer Report

Application No.: 19/00546/B Applicant: Mr William McDowell Proposal: Erection of a detached dwelling with associated parking Site Address: land off lane at rear of 15 Westminster Drive Douglas Isle of Man Planning Officer: Mr Nick Salt Photo Taken: 13.06.2019 Site Visit: 13.06.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 02.07.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed new dwelling would provide insufficient outlook from its principal rooms and the rooms would be subject to unacceptable overshadowing due to the compact nature of the site and tall boundaries on 3 sides. In this respect, the proposal would not accord with Environment Policy 42 or General Policy 2 (h). - R 2. Due to the existing approval for garaging on this site and its current condition as open hard standing, the current proposal would reduce the off-street parking capacity of Westminster Drive and the surrounding area, contrary to the requirements of the Strategic Plan, Transport Policy 7.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

• o 17 Westminster Drive (owner, submitted as 29 Devonshire Road), Douglas
• o 23 Westminster Drive, Douglas As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy
• on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is a parcel of land to the rear of 15 Westminster Drive, behind the dwellings to the south eastern side of the highway, to the north west of Ballakermeen High School. The site doesn't appear to have an active use, the site has been cleared and the some groundworks have been carried out with construction materials stored on the site. - 1.2 This row of properties along this side of Westminster Drive appeared to have these areas to the rear of the properties as additional amenity space for the dwelling, with some including garages/outbuildings. The applicant also owns 15 Westminster Drive. - 1.3 Although the Woodbourne Road Conservation Area and the Selbourne Drive Conservation Area both include parts of Westminster Drive, the site is not located within a Conservation Area.

2.0 THE PROPOSAL - 2.1 The proposal is for dwelling with associated parking; the property will be in the form of a small dormer bungalow with a front facing gable. The frontage is 6.35m wide, 10m long and 6.75m tall to the pitch of the natural slate roof. - 2.2 The dwelling would feature a small tiled porch above the front entrance door, with a porthole window above in the first floor, and two small windows either side. To the rear there would be a decorative render band to follow the style of the front on the first floor, and a full length curtain wall/patio door leading to a small approximately 25m2 patio area at the rear. There would be a 1.1m wide pathway at either side between the side elevations and the boundary. The two dormer windows would be on the south west side elevation featuring glazing covering most of the dormer faces, and slate pitched roofs to match the main dwelling. - 2.3 Two parking spaces have been shown located to the front, one at at 5.5x2.5m and a 5m long turntable parking space. Total footprint of the dwelling would be 63m2.

- 3.0 PLANNING POLICY

3.1 The site is designated within an 'Area of Predominantly Residential Use' under the Douglas Local Plan 1998. The site is not within a Conservation Area. In addition, the site is included in the Draft Area Plan for the East as suitable for residential use. - 3.2 General Policy 2 applies to development which is in accordance with the land-use zoning. Such proposals 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;

• (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;

3.3 Environment Policy 42 applies to new development in existing settlements; this states that proposals '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'.

3.4 Paragraph 7.34.1 introduces Environmental Policy 42 and states that 'Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses….In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:

• i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
• ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
• iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
• iv. respect local styles; and
• v. provide a safe and secure environment'.

3.5 It continues by providing the following definitions and explanations, which are also defined in Appendix 1: -

• o "Infill development (1)" (in the sense of filling a small gap in an otherwise built-up frontage) may be acceptable in built up areas, but the value of spaces between buildings should not be underestimated, even in small settlements.
• o "Backland development (2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.
• o "Tandem development (3)" (consisting of one house immediately behind another, and sharing the same access) is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front.

3.6 Appendix 6 provides guidance on the provision of open space and states:

"A.6.1.1 Applicants are asked to note that all new residential development must provide adequate standards of residential amenity, including private open space such as gardens or shared amenity spaces for apartments, and bin storage areas. Meeting the open space requirements in this Appendix does not exempt applicants from providing adequate private open space".

3.7 Transport Policy 7 requires development to have parking spaces provided in accordance with its current standards which are two spaces for every dwelling.

- 4.0 PLANNING HISTORY

4.1 The previous planning applications on the site are considered to be specifically material in the assessment of the current application. Planning permission ref: - 16/00283/B sought and gained approval for the erection of a building that would provide a pair of double garages on the site. The approved building has a width of 6.3m, a depth of 10.0m and a maximum height of 2.8m. The larger of the two was for the applicant and the smaller to be rented for private (i.e. ancillary to residential) use to fund the build. Application permitted on 21st June 2016. - 4.2 Planning application ref: - 17/01146/B for the Erection of a dormer bungalow with off street parking was refused 30th November 2017. - 4.3 A revised application 18/00913/B was also refused for the following reasons:

• R1: Locating a dwelling here would adversely affect neighbouring residential amenity through the comings and goings associated with the dwelling and also owing to the impact a dwelling of this size adjacent to the garden of the neighbouring 13 Westminster Drive would have on the enjoyment of the garden associated with that existing dwelling. The proposed dwelling is therefore contrary to parts (g) and (h) of General Policy 2 of the Isle of Man Strategic Plan 2016.
• R2: The dwelling proposed would have insufficient outdoor amenity space and an inadequate outlook from its principle rooms, contrary to paragraph 7.34.1 of Environmental Policy 42 of the Isle of Man Strategic Plan 2016.
• R3: The hardstanding area proposed for the parking of vehicles does not meet the minimum length standard for a parking space for two private vehicles, which is the required number of parking spaces for a two-bedroom dwelling. The application is therefore contrary to part (h) of General Policy 2 and Transport Policy 7 / Appendix 7 of the Isle of Man Strategic Plan 2016.
• R4: Due in part to the proposed hardstanding area not meeting the minimum length standard for a parking space for two private vehicles and due to the narrow size of the existing lane, it is likely that parked cars would overhang the proposed parking area, encroaching onto the lane; the proposal would therefore prevent the proper access to the lane and provide insufficient turning and manoeuvring space, which would have an unacceptable effect on road safety or traffic flows on the local highways and prevent its proper use. The application is therefore contrary to parts (h) and (i) of General Policy 2 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.

• 4.3.1 The application under consideration has been submitted in an attempt to address the refusal reasons on the previous application.
• 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Douglas Borough Council initially asked that the application be deferred until after 17th June. (31.05.19). On 25.06.19, the Council confirmed that they have no objection to the proposal, considering the "improved design, reduction in the property's footprint along with the addition of outdoor amenities, car parking and adequate space being available on the decked courtyard area to the rear of the property for bin and cycle storage" as reasons.

5.2 23 Westminster Drive, Douglas made comments of inquiry on 10.06.19, summarised below:

• o There is high parking demand in the area and on 15 Westminster Drive, including the site- where will these vehicles go;
• o Concerns around the access to the lane;
• o Worries around a precedent for larger buildings/dwellings in this area.

5.3 29 Devonshire Road, Douglas provided comments outlaying concerns on 10.06.19 which can be summarised below:

• o Owner of 17 Westminster Drive - garage immediately adjacent to proposal site;
• o Not in keeping with the area, would change the character of the neighbourhood;
• o Unwanted precedent of dwellings alongside;
• o Additional strain on on-street parking in the area;
• o Loss of privacy for the residents of Westminster Drive;
• o Request for conditions around construction times in the event of an approval.

- 6.0 ASSESSMENT

6.1 This application seeks to address concerns with the previous application (18/00913/B) and the reasons for the refusal given then. The assessment below will consider the visual impact of the proposal, the acceptability of principle of this proposed development, the impact on parking and access, and the amenity space available to any future occupants.

6.2 Visual Impact

• 6.2.1 The design of the building is generally acceptable, taking cues from the surrounding area with the porthole window and the slate roofing and render. The overall design of the building would provide more visual interest than the previous proposals. In this respect, it would not be overly visible from the main road of Westminster Drive - it would therefore accord with General Policy 2 (b,c,g) in this respect.

6.3 Principle of development

• 6.3.1 This consideration has not changed from the last application, the policies relevant to it and the site in question are the same. As noted previously, the site is in an area zoned for residential uss and therefore it may be considered that the principle for the creation of a residential unit here is acceptable. However, any development on this land would fall within the definition of 'Backland development' - specified in appendix 1 of the Strategic Plan as 'Development on land at the back of existing properties, usually on what were the back gardens, and often without a separate road frontage'.

• 6.3.2 Environmental Policy 42 states that such backland development may be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings - as well as the dwelling itself. The existing use of the site is a vacant storage area which is believed to be domestic land and due to the ownership by the occupant of No.15 it appears to be associated with that dwelling; however the extent to which it falls within the curtilage of that dwelling is questionable and therefore the site would not benefit from permitted development rights. There are other sites along this back lane that have garages and parking areas; however none of these are two storey and the application site shares a boundary with No.13 Westminster Drive. The proposed two storey building would occupy the majority of the site within 1m of the boundary with No.13.
• 6.3.3 There is an acceptability of the proposal in principle due to the land use designation, subject to the other aspects of the assessment below and the policies of the Strategic Plan. The key tests of Environment Policy 42 concerning backland development is that is must have satisfactory access and provide adequate amenity.
• 6.4 Parking and Access

6.4.1 The previous application was refused in part due to insufficient parking availability on the proposed site. This new proposal would provide sufficient space at the frontage of the dwelling to accommodate two vehicles, with 6.4 metres between the front elevation wall and the boundary (either side of the front porch). The turntable feature would also allow for turning on the site within a relatively limited space. Overall, there would be no likely overhang into the rear access lane and thus no impediment to safe and unobstructed vehicle movements on it. The site would also meet the Strategic Plan parking standards of 2 spaces for this dwelling, and would accord with General Policy 2 (h&i) in this regard.

6.5 Occupant and Neighbouring Amenity

• 6.5.1 As noted, the acceptability of backland development proposals such as this relies heavily on the amenity of the new and existing dwellings in addition to adequate parking and

access. Refusal reason number 2 for 18/00913/B stated that there would be insufficient outdoor amenity space and an inadequate outlook from the principle rooms of the proposed dwelling. With a restricted and small site such as this, it would be difficult to provide a dwelling with sufficient interior living space, as well as sufficient outdoor space. The area where the rear yard is shown on the ground floor plan of 242-01 is partly an earth bank which rises steeply towards Ballakermeen School behind. There is also branches from mature trees outside of the site which overhang it restricting the light available in the proposed yard which would be 8.3m wide across the rear of the dwelling and between 1.1m and 4.9m long in a triangle shape. The total area of this would be around 25 sq m, the yard itself would be too narrow and enclosed between tall neighbouring fencing to provide any adequate outdoor amenity despite the provision of 5m long patio doors to the rear.

• 6.5.2 The outlook from the principle rooms of the house is also a consideration. It is helpful to consider the recently published DEFA Residential Design Guidance, which states in 7.4.1 that development should ensure that residents can "enjoy appropriate levels of comfort and enjoyment of their properties without their outlooks being impacted by an overbearing building/structure." The 1.1m spaces between the side elevations and the boundary fences and the wall of a garage building to the south - would not be sufficient to allow adequate levels of natural light to enter the 6 proposed side windows, or to provide any reasonable outlook from these windows. The front outlook would be directly onto vehicles parked on the front driveway, which forms part of the reason for the Department's desire to see no more than 50% of garden frontages used for parking (as per DEFA Residential Design Guidance 2019). Whilst this may be acceptable to the applicant were they to become residents, the proposed dwelling must be considered on its own planning merits regardless of who will live there - there would be no power under planning legislation to ensure that the building could not be sold on. Overall, the proposal would not meet the tests of Environment Policy 42 in this regard.

6.6 Additionally, it is noted that the site as owned by No.15 Westminster Drive. It could therefore be reasonably concluded that it could be used as parking for the occupants of that property - reducing the impact of on-street parking in the area in accordance with GP2 (h&i). 4.1 of this report summarises a previous planning approval on this site for garaging, one of the conditions on that approval read - "The garages hereby approved shall be used for the parking of private cars and domestic related storage only and shall not be used for the parking of commercial vehicles and/or for the repair/maintenance of commercial vehicles.

Reason: To safeguard the residential character and amenities of the area." It could be considered that the current proposal would reduce the off-street parking capacity of Westminster Drive and the surrounding area, which is not currently prevalent.

6.7 Bin storage would be available to the rear yard with sufficient space between the boundary fence and side elevations of 1.1m to manoeuvre refuse bins from storage to the rear lane behind Westminster Drive for collection. - 6.8 A cycle space has not been specifically shown on the plans submitted. However, echoing the points made by Douglas Borough Council, there is considered to be space at the rear of the dwelling to store a bicycle, and sufficient distance to the sides to manoeuvre it to the street. - 6.9 The drainage demonstrated on drawing 242-02 is considered acceptable and appropriate for the area, runoff from the site would not be detrimental to the residential amenities of the neighbours or to the safety of the road.

- 7.0 CONCLUSION

7.1 The proposal would not unacceptably harm the character of its surroundings; however it is considered that the proposed development would result in a significant adverse impact upon

• the living conditions of future occupants and that the proposal would reduce the overall capacity for off-street parking in the area. The proposal does not accord with the provisions of Environment Policy 42 and General Policy 2 in this respect and is recommended for refusal.
• 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 09.07.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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