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Government Bailly: Elian Vannin
M P Associates Ltd 12 Strathallan Crescent Douglas Isle of Man IM2 4NR
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Braeside Developments Ltd, Ref 13/00767/B, for the demolition of annexe and erection of a dwelling with associated parking (amendment to PA 09/00228/B) at rear of 6 Sydney Street Douglas Isle of Man IM1 3JB subject to compliance with the following condition(s):
Date of Issue: 30th August 2013
Director of Planning and Building Control
This decision was made by the Planning Committee in accordance with the authority delegated to it. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00767/B
Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Planning Committee
1.1 The application site is the rear annex of 6 Sydney Street, a two storey outlet which adjoins the rear elevation of 6 Sydney Street. 6 Sydney Street is an end of terrace property, the side elevation of which faces onto Oxford Street. The front elevation of the rear annex also faces onto Oxford Street. 6 Sydney Street has undergone refurbishment and is now an attractive character property in a prominent position in the street; the rear annex is by comparison in a neglected state and in need of significant renovation. There is a grassed area to the front of the existing annex which is bounded by a low boundary wall with decorative railings above. There is currently an area of the railings missing from the front of the annex.
2.1 The application seeks approval for the demolition of the annex and erection of a dwelling which would adjoin the rear elevation of 6 Sydney Street. There would be parking to the side of the property for two vehicles. There would be a garden area to the front which would be secured by a low boundary wall with railings above.
2.2 The main part of the dwelling would be two storey with a single storey addition to the side elevation to provide a kitchen area, there would be a door in the side elevation to provide an access from the adjacent parking space.
3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application: PA 07/01665/B Demolition of existing annex and erection of a detached dwelling with associated parking – refused PA 08/00691/B Erection of a detached dwelling – refused PA 09/00228/B Demolition of annexe and erection of a dwelling with associated parking – approved PA 11/01211/B Alteration and extension to annex to form a dwelling – refused
| Application No.: | 13/00767/B |
| Applicant: | Braeside Developments Ltd |
| Proposal: | Demolition of annexe and erection of a dwelling with associated parking (amendment to PA 09/00228/B) |
| Site Address: | Rear Of 6 Sydney Street |
| Douglas | |
| Isle Of Man | |
| IM1 3JB |
PA 12/00767/B Alterations and extension to rear annex to form a dwelling with garage refused
PA 12/01640/B Alterations and extension to rear annex to form a dwelling with garage refused
4.1 The application site is within an area zoned as "Predominantly Residential Use" identified on the Douglas Local Plan 1998. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 42 and Transport Policy 7 of the Isle of Man Strategic Plan (20th June 2007).
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; I) 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.
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 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.
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7.
5.1 Highways Division do not oppose as it has no traffic management, parking or road safety implications.
5.2 Douglas Corporation has no objection to the application. 5.3 Manx Electricity Authority has expressed an interest in the application. 5.4 The owner/occupier of The Cottage, 2 Oxford Street has commented on the application, their objection can be summarised as having concern regarding the boundary wall and railings. They note that if the railings and wall are not installed and are not of the same design and style as 6 Sydney Street they object very strongly.
6.1 The application seeks approval for the demolition of the rear annex and the erection of a dwelling which would adjoin the rear elevation of 6 Sydney Street. The main issues to consider in the assessment of the application are the impacts upon the amenities of local residents, the impact upon the character and appearance of the street scene, the impact upon highways safety and whether there would be sufficient amenity space within the curtilage of the site. 6.2 The principle of residential development in this location has been established under the previous applications. 6.3 The parking standards require two spaces per residential unit. Under the previous applications the Highways Division have accepted a reduction in the parking standards and they would accept one space for 6 Sydney Street and one space for the annex at the rear. At the appeal for the previous application PA 12/01640 it became clear that 6 Sydney Street had been sold and was now within a different ownership and therefore the parking space for 6 Sydney Street could not be conditioned. Given that there is no control over parking regarding 6 Sydney Street the Highways Division require two parking spaces for the proposed dwelling. 6.4 The parking spaces which have been proposed are approximately 6 m in length measured from the side elevation to the boundary and approximately 4.1 m in width. The Highways Division are satisfied that the proposal would not have any adverse impact on traffic management, parking or road safety. 6.5 In respect of the impact upon the visual amenities of the street scene, Oxford Street consists mainly of two storey terraced properties, which appear to be of Victorian origin. The majority of them have small front gardens bounded by low boundary walls with railings and planting behind. The proposed design has taken the character and identity of the street scene into account in this instance and overall it is considered that the proposal would not adversely affect the character and appearance of the street scene. 6.6 It is considered that the proposed dwelling would have a similar impact upon the amenities of the neighbouring properties as the existing annex. There would be no further windows which would look towards the neighbouring properties and the dwelling would be of a sufficient distance from 1 and 2 Oxford Street and therefore would not result in the undue loss of light or appear unduly overbearing. 6.7 The property would have limited amenity space to the front and none to the rear, however there would be a parking area to the side which would provide some private space. Given the relationship between these types of properties there is always some overlooking. Overall it is considered that the amenity in itself is sufficient. 6.8 Whilst the site is not within a Conservation Area it is within an attractive group of houses and Oxford Street has maintained much of its character and appearance. It is considered
that the proposed dwelling would significantly enhance the appearance of the site and the locality in general. 6.9 For the above reasons the application is considered to be acceptable and is recommended for approval.
7.1 The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 7.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. 7.3 The owner/occupier of The Cottage, 2 Oxford Street, Douglas is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status. 7.4 The Manx Electricity Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.
Recommended Decision: Permitted
Date of 12.08.2013 Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans 0704/PL001 Rev D received on 28th June 2013 and 0704/PL002 received 19th July 2013.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : $\qquad$ Committee Meeting Date : 28/05/13
Signed : $\qquad$ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
PA13/00767/B Braeside Developments Ltd Demolition of annexe and erection of a dwelling with associated parking (amendment to PA 09/00228/B), Rear Of 6 Sydney Street Douglas Isle Of Man IM1 3JB Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 03.07.2013, includes;
Dev Control Polygons: Reference Number: 99/01661/B Status: Permitted Proposal: Installation of replacement windows to rear of dwelling
Reference Number: 09/00228/B Status: Permitted Proposal: Demolition of annexe and erection of dwelling with associated parking
Reference Number: 12/00767/B Status: Refused Proposal: Alterations and extension to rear annex to form a dwelling with garage
Reference Number: 08/00691/B Status: Refused Proposal: Erection of a detached dwelling Reference Number: 07/01665/B Status: Refused Proposal: Demolition of existing annex and erection of a detached dwelling with associated parking
Reference Number: 11/01211/B Status: Refused Proposal: Alteration and extension to rear annex to form a dwelling
Reference Number: 12/01640/B Status: Refused Proposal: Alterations and extension to rear annex to form a dwelling with garage
Reference Number: 05/00799/B Status: Permitted Proposal: Installation of roof dormers on front and rear elevations, replacement uPVC windows to front side and rear, additional side windows to replace existing doors, new back door, demolition of chimney stack and replacement garage roof.
BC Case Polygon: Reference Number: 13/00016/BCD BC Case Status: Proposal: Demolition of annex to rear of property PLanning Enforce: Reference: 09/00034/COMP Status: Pending Consideration
Nature of Enforcement: Blocking up windows, installation of uPVC windows, erection of fence and redevelopment of property
Reference: 07/00318/COMP Status: Case Closed Nature of Enforcement: Signage
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