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Isle of Man Government Raillye Ellen Vanain
Planning statement on behalf of the Department of Infrastructure Planning and Building Control Division in respect of planning for the 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 - 13/00767/B
Statement prepared on behalf of the Planning and Building Control Division by Miss Laura Davy
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 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.
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. 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.
The case officer reported on the matter and summarised the key issues as set out in the report.
The Committee noted that the application had been submitted as a response to a complaint from the Local Authority that the sign was illuminated and the previous one had not been. Research showed that the previous sign had been illuminated, but may not have been in recent times. It was accepted that the applicant had erected the sign in the belief that permission would not have been required.
The Committee noted that the sign was almost a like for like replacement, with the wording being the main difference.
The Committee unanimously accepted the recommendation of the case officer and the application was approved subject to the following conditions.
C 1. The development hereby permitted shall not be carried out except in full accordance with the two untitled Location Plans, the Pole Sign Layout plan and the EVF Sign Menu plan, all received on 25 June 2013.
C 2. The signage hereby approved, where illuminated, shall not be illuminated by an intermittent source.
Interested party status was considered by the Committee and agreed as recommended. The case officer reported on the matter and summarised the key issues as set out in the report.
The Committee noted that the previous application had included an unattractive flat roofed garage which had been removed from the current proposal. It was also noted that the wall and railings were now to be kept and although some had been removed during the construction works, they were to be re-instated.
The Committee unanimously accepted the recommendation of the case officer and the application was approved subject to the following conditions.
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.
| Item 6.8 Rear of 6 Sydney Street Douglas Isle of Man IM1 3JB PA13/00767/B | Demolition of annexe and erection of a dwelling with associated parking (amendment to PA 09/00228/B) Applicant : Braeside Developments Ltd Case Officer : Miss Laura Davy Recommendation : Permitted |
There was some initial concern regarding the wall and railings when they were not shown in the proposed drawing, I then contacted the agent who provided an amended plan, unfortunately with the same plan number.
When the decision was issued the incorrect date was included in the condition. Condition 2 should read:
The development hereby permitted shall not be carried out except in full accordance with the following plans 0704/PL002 received 19th July 2013 and 0704/PL001 Rev D received 10th July 2013.
It is felt that the boundary wall and railings are an important feature within the street scene and given that the concerns raised by the neighbours it is felt that an additional condition may be appropriate. The following condition is recommended:
Prior to commencement of any works details of the proposed railings along the Proposed Street Elevation shown in drawing 0704/PL001 Rev D shall be submitted and approved in writing by the Planning Authority. The approved scheme shall be undertaken prior to the occupation of the dwelling and shall be retained as such thereafter.
It is also recommended that a Note be added to address the concerns of the neighbours: The Planning Authority would recommend that the boundary wall and railings should match the original boundary wall and railings along Oxford Street and Sydney Street.
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