Officer Planning Report

Planning Report And Recommendations {{table:471793}} ### Considerations {{table:471791}} ### Written Representations ### Consultations {{table:471792}}

Officer's Report

The Site

The application site represents the curtilage of (Glenfaba) 5 Empress Drive in Douglas which is a mid terrace property linked to Castle Mona Avenue to the rear.

Proposed Development

This retrospective planning application is seeking permission to retain a timber fencing to the rear elevation of the property which would provide cover for the oil tank. The approximate size of the fencing is 5m x 1.8m x 2.2m which wraps around the corner of the building by 0.6m.

Planning Status And Relevant Policies

The application site is located within the Douglas Promenades Conservation Area and which is zoned as an area of "Mixed Use" under the Douglas South Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, General Policy 2 is considered relevant and 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."

Planning History

There following planning applications should be considered relevant in the assessment and determination of this application:

PA 87/01384/C - Change of use from guest house to office accommodation - Refused PA 06/01571/R - Retention of a timber framed shed to rear elevation - Refused

Representations

The Douglas Corporation have no objection with the proposal. The Department of Transport Highways Division do not oppose the development.

Assessment

The key issues are in this case the impact on the visual amenities of the area and the impact on the adjacent properties.

The impact on the visual amenities of Empress Drive and the Conservation Area would not be an issue of concern as the proposal is located to the rear lane and not visible from the public highway of Empress Drive to the front.

In terms of the impact on Castle Mona Avenue to the rear, the oil tank cover can only be viewed when you reach the end of the Avenue with the majority of the proposal being obscured by 114 Castle Mona Avenue. The only views of the proposal are towards the end of the road when looking down the lane which is adjacent to 114 Castle Mona Avenue. The proposal is reasonably scaled to fit within the elevation of the property. The development is at present not finished and looks untidy and causes a detrimental impact to the rear lane in which it is located. But if the proposal was to be finished and tidied to the same standard as the rest of the development, it would improve its appearance significantly.

In terms of the impact on the neighbouring properties, the reduced scale of the oil tank cover structure would not be visually intrusive or overbearing (which the previous version was). This would

significantly reduce the impact the proposal would have on the residential amenities of the neighbouring properties.

RECOMMENDATION It is recommended that the planning application be permitted subject to conditions.

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 Department of Transport Highways Division Douglas Corporation

Recommendation

Recommended Decision: Permitted Date of Recommendation: 27.03.2009 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

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the submitted Location Plan, Scaled Plan and Photographs x3 received on 2nd February, 2009.

C 3. Within one month of the date of this decision, the fencing hereby approved must be painted white.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 21/09/2009

21 May 2009 09/00143/R Page 3 of 4

Signed : ______________________________

Senior Planning Officer

21 May 2009

09/00143/R