9 March 2010 · Planning Committee (decision notice signed by Mrs P Faragher, Deputy Secretary); confirmed by Minister via Chief Executive I.T. Thompson after appeal dismissal
Brae Villa, Tromode Road, Douglas, Isle Of Man, IM2 5ej
The site is the curtilage of Brae Villa, a detached dwelling in an established residential area on Tromode Road, Douglas, with a 37m road frontage and lower garden level separated by dense vegetation and a rock wall.
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The officer assessed the site as within a 'Predominantly Residential Area' per Douglas Local Plan, making residential redevelopment acceptable in principle under Isle of Man Strategic Plan policies, u…
General Policy 2
Requires development in zoned areas to respect siting/scale/amenity, provide safe access/parking, avoid adverse neighbour impacts, and incorporate landscape features like trees. Officer found principle acceptable as site size allows two dwellings matching local character with retained trees; conditions ensure detailed compliance re privacy/outlook.
Housing Policy 4
Prioritises new housing in towns like Douglas. Proposal complies as urban residential infill on previously developed land.
Housing Policy 6
Residential-zoned land developed per area plan brief or GP2 criteria. No brief exists, so GP2 tests applied; site capacity confirmed for two dwellings.
Transport Policy 4
Highways must accommodate development traffic safely. 6m setback, 2x36m sight lines, on-site parking/turning approved by Highways.
Transport Policy 7
Parking per standards; on-plot provision meets requirements.
Strategic Policy 1
Optimise previously developed land; infill uses brownfield curtilage efficiently.
Strategic Policy 2 - Priority for new development to identified towns and villages
New housing in existing towns; Douglas location appropriate.
Reserved matters time limit
This approval is in principle only and no development shall commence until such time as reserved matters have been approved. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this planning approval. Such reserved matters shall form the subject of a single application and comprise details of siting, design, external appearance, internal layout, parking and landscaping.
Commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Amenity and trees protection
The application for reserved matters must demonstrate that the development of the dwellings will not adversely affect the outlook or privacy of the dwellings alongside or the future of existing mature trees on site and that the height and position of the proposed dwellings have regard to the height and position of the existing surrounding dwellings.
Indicative plans not approved
This approval relates to the approval in principle to erect two detached dwellings on the site identified in drawing HLK/09/0346/1 date stamped 6th November 2009. For the avoidance of doubt, no permission is conferred to the siting or floor areas as shown in drawing HLK/09/0346/2a which is annotated indicative only.
Do not oppose
No objection
No objection in principle subject to conditions
Several statutory consultees including Douglas Drainage Services, Manx Electricity Authority, Douglas Corporation, and Department of Transport raised no objection to the approval in principle for two dwellings at Brae Villa subject to drainage and utility conditions, while multip…
Douglas Drainage Services
Conditional No ObjectionNo Objection in Principle subject to:- Drainage Details
Conditions requested: Exact details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval, prior to any work commencing on site.; The foul water drainage from each of the proposed dwellings must communicate with the public sewer separately.; The soak-away must comply with Part H of the Building Regulation. A necessary percolation test must be undertaken and witnessed by The Borough of Douglas Building Control Officer to determine ground suitability. Each property must drain to a individual private soak-away serving each property.; If ground conditions are not suitable, then the applicant will be required to contact the Borough of Douglas Drainage Department to discuss the matter further. The method of surface water disposal must then be agreed with the Borough of Douglas Drainage Section on commencement of work on site.; NO groundwater will be permitted into any public foul sewer (either pumped or by gravity) so as to comply with the requirements of the Department of Transport Drainage Division.; A Communication Fee will be payable to the Department of Transport in respect of this drainage connection for each dwelling.
Manx Electricity Authority
Conditional No ObjectionSee Note 2; The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Borough of Douglas
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Department of Transport
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Initial application 08/00421/A for approval in principle for two dwellings retaining Brae Villa was refused as overdevelopment; appeal AP 08/0091 dismissed due to site constraints, amenity issues, and character harm. Subsequent application 09/01820/A for two dwellings involving demolition of Brae Villa was approved by Planning Authority; third-party appeal AP 10/0034 against approval dismissed by inspector, finding site capable of accommodating development without unacceptable amenity harm subject to conditions. Inspector Neil A C Holt upheld permission, noting prior refusals involved retention of Brae Villa which constrained the site. Other appeals (e.g., single dwelling rear of Brae Villa) were allowed against approval due to overlooking of Tromode Lodge.
Precedent Value
Demonstrates that retention of existing house can render sites incapable of additional dwellings due to constraints, but demolition for frontage redevelopment in residential zones succeeds if amenity protected by conditions. Future applicants should prioritise site clearance and detailed amenity mitigation over backland infill.
Inspector: Neil A C Holt (AP 10/0034, AP 08/0091); Graham Self (single dwelling appeals)
