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Application No.: 09/01820/A Applicant: Mrs Jenni Quiggin Proposal: Approval in principle for the erection of two detached dwellings Site Address: Brae Villa Tromode Road Douglas Isle Of Man IM2 5EJ Considerations Case Officer: Ms Henrietta Hopkins Photo Taken: 17.12.2009 Site Visit: 17.12.2009 Expected Decision Level: Planning Committee Written Representations Aingarth Tromode Road Douglas Isle Of Man Objects to the proposal Savage & Chadwick Architects Your Ref: MS/alb/SC1157 Objects to the proposal Merchant's House 24 North Quay Greenmeadows 9 Tromode Road Douglas Isle Of Man Objects to the proposal Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes: no objection. Consultee: Manx Electricity Authority Notes: Comments received Consultee: Drainage Division Notes: no objection in principle subject to:-
Officer's Report This application is being presented to the Committee due to the past history of the site.
THE SITE The site comprises the curtilage of 'Brae Villa,' a detached dwelling standing on the south west side of Tromode Road. The site is located in an established residential area containing a mixture of dwelling types.
THE PROPOSAL The application is seeking approval in principle for the erection of two detached dwellings.
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The application site is located in a 'Predominantly Residential Area' in the Douglas Local Plan 1998. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the determination of the application - General Policy 2, Housing Policy 4, Housing Policy 6, Transport Policy 4 and Transport Policy 7.
General Policy 2 states the following: "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 and 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 adversely affect 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 provide unacceptable effect on road safety or traffic flows on the local highways; j) can be provided with all the 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 or 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."
Housing Policy 4 states the following: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; b) conversion of redundant rural buildings in accordance with Housing Policy 11; and c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
Housing Policy 6 states the following: "Development of Land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Transport Policy 4 states the following: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7 states the following: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Strategic Policy 1 states the following:
"Development should make the best use of resources by:
a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous materials;
b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states the following:
"New development will be located primarily within our existing towns and villages, or, where appropriate in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3."
PLANNING HISTORY There have been recent planning applications submitted which are considered relevant in the determination of the applications: 09/00163/B - Erection of dwelling with garage in garden - Refused at Appeal (4th September 2009)
The application was approved at Committee but refused permission at appeal. The reason for refusal which involved the erection of a two-storey house with integral garage to the south of Brae Villa is as follows:
"The proposed development would have an unacceptable impact on the residential environment of the neighbouring property, Tromode Lodge, and would in particular result in overlooking and loss of privacy for occupiers of that property."
08/00421/A - Approval in principle to erect two detached dwellings - Refused at Appeal (21st October 2008)
The application was refused at committee and dismissed at appeal. The reason for refusal of the proposed development given by the Planning Authority, which involved the erection of two detached dwellings to the south of Brae Villa is as follows:
"The proposed development would be contrary to General Policy 2, Environment Policy 42 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that the development of this backland site would result in the over-development of the site within an area which is relatively well-spaced out and would not provide an adequate residential environment for the future occupiers of the site. Furthermore, any development would result in overlooking reducing the residential environment for the future occupiers of the proposed dwellings and the existing dwellings of Brae Villa."
07/01101/A - Approval in Principle for a residential development with associated parking to replace the existing dwelling - Refused at Appeal (10th January 2008).
The application was refused at committee and dismissed at appeal. The reason for refusal for the proposed development given by the Planning Authority which showed a three-storey building containing 11 one-bedroom flats on the indicative drawings is as follows:
"1) The indicative drawings illustrate a considerable over-development of the site which would result in a) a large building close to the road and to the side boundaries, and covering much of the site - the development would thus be out of keeping with the surrounding area which is characterised by individual dwellings standing in their own green space; b) there being inadequate pleasant external space for the residents of the proposed flats.
2) The indicative layout would be contrary to Recreational Policy 3 of the Isle of Man Strategic Plan 2007 in that the development does not provide adequate open space provision within the proposed layout.
3) The indicative layout would be contrary to Housing Policy 5 of the Isle of Man Strategic Plan 2007 in that the development would not provide the necessary affordable housing in accordance with the policy and the Housing Assistant Scheme 2007."
17 February 2010
09/01820/A
06/00534/A - Approval in Principle for the erection of a block of ten apartments with associated basement parking facilities to replace existing dwelling - refused 3rd July 2006.
Manx Electricity Authority has raised standard comments. The Department of Transport has raised no objection to the proposed development Douglas Corporation has raised no objection to the proposed development The Drainage Division has raised no objection in principle to the proposed development subject to standard conditions. Savage and Chadwick Architects have written on behalf of Tromode Lodge who have raised objections to the proposed development on the following grounds: The proposed dwelling is 13.5 metres separate and the level of Plot 2 will be at least 2 metres higher than Tromlodge Lodge. The proposed development would thus tower over creating loss of light, privacy and an unacceptable intrusion. The application is unspecific as to whether either Plot 1 or 2 are single storey or two storey although the narrative accompanying the application mentions dormer windows suggesting the latter.
The occupiers of Greenmeadows have objected on the following grounds: Parking is a major problem in Tromode Road. During construction where would all the vehicles/construction lorries park? The area already has problems with foul sewerage and Surface Water Drainage and to increase the load could lead to problems. The application proposes to maintain the trees but what if they are removed later or thinned out would it overlook and cause loss of privacy.
The occupiers of Aingarth have objected on the following grounds: It will be overdevelopment; Access to and from the site has restricted views; The existing sewage and storm systems are some years old and have been identified as being a problem.
The application site is located within a 'Predominantly Residential Area' in the Douglas Local Plan 1998. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2, Housing Policy 4, Housing Policy 6, Transport Policy 4 and Transport Policy 7 of the Isle of Man Strategic Plan 2007).
The proposed development this time seeks to demolish the existing dwelling, Brae Villa, and build in its place two new dwellings. The two houses would both face Tromode Road with separate accesses, turning area and gardens. Existing Conifer trees will be removed along the existing frontage to provide access and gain the visibility splays required.
The principle issues in assessing this application area a) Land Use, b) Highway Issues, c) Impact on Neighbouring Properties and the Surrounding Area.
The development is zoned as 'Predominantly Residential' within the Douglas Local Plan. Although the site is allocated as 'Predominantly Residential' and the proposal is for residential development, which would lead to a presumption in favour, this would only be the case where the proposed development would satisfy other policies within the Isle of Man Strategic Plan 2007. Housing Policy 6 states that "development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan." Paragraph 6.2 relates to General Policy 2 which was highlighted earlier within this report. However, it is judged that the use of the site for residential purposes would be in accordance with Strategic Policy 1 and Strategic Policy 2. The existing building is not Registered and the site is not within a conservation area.
Access to both properties would be of Tromode Road. The houses would be at least 6 metres from the highway, following the front building line of Tree Cassyn. The applicants have been in consultation with the Department of Transport and have included provision for sight lines to both entrances. The front stone wall will be retained but its height reduced to 1.05 metres, and low growing trees and bushes would be planted in front of both houses. The proposed houses will provide enough off-street parking spaces and also a turning area so vehicles can leave in a forward motion.
The Highways Department has raised no objection to the proposed development as there will be no traffic management, parking or road safety implications. It is therefore considered that the proposed development will not be prejudicial to highway safety and accords with Transport Policy 4 and 7 of the Isle of Man Strategic Plan 2007.
Whilst detailed matters such as siting and design would be reserved for a subsequent application, the Planning Authority must be satisfied that the proposed development of two dwellings on the site can achieve acceptable standards of amenity for both future occupiers of the proposed dwellings and existing adjacent properties. The proposed development is seeking approval in principle and therefore no elevational drawings have been provided.
In terms of the proposed dwellings, it is judged that the site is of a sufficient size to accommodate two dwellings which would be provided with an acceptable level of amenity including outdoor space for amenity and servicing and parking. The applicant proposes two detached dwelling with at least 3,000 sq ft living accommodation (over split levels) similar in size to neighbouring properties. The applicant has stated in their plans that existing ground levels will be reduced and remodelled to suit.
The properties most likely to be affected by the development of the site are Tree Cassyn, Tromode Lodge and Green Meadows which are situated either side of the site. However, taking into account the separation distances between existing properties along the main road in the locality, it is judged that there would be sufficient space to site two dwellings. Detailed issues would be assessed at the reserved matters application stage however it is judged that the site is capable of being developed with two dwellings whilst protecting the amenity of adjacent properties.
In respect of Tromode Lodge, the application sites are set to the east of the neighbouring property. The proposed dwelling will be set 13.4 metres away at its nearest point. There are substantial landscaping between the proposed dwellings and that of Tromode Lodge. The applicant proposes to retain all existing mature trees and bushes on the side and rear boundary lines. This will help reduce any impact in terms of overlooking and loss of privacy to the occupiers of Tromode Lodge. The applicant has consulted with Department of Agriculture, Fisheries and Forestry (DAFF) and a dead conifer and clump of leylandii which have outgrown their environment in the middle of the garden are proposed to be removed. These trees are not particularly important and there removal will not adversely affect the visual amenities of the locality.
With regard to Tree Cassyn, the applicant also proposes to maintain existing trees on the side boundary. The proposed dwellings will be in line with the existing building line of the neighbouring dwelling Tree Cassyn and will not project further forwards or beyond the rear building line. Existing trees are also maintained at the side boundary of neighbouring dwelling Green Meadows.
With regards to the existing sewerage and drainage system not being able to cope with more residential development in the area, the Drainage Department have been consulted on the proposed application; they have raised no objection in principle subject to conditions. As such it is accepted that the site is capable of being drained to the satisfaction of the Drainage Division.
Objectors were also concerned that the trees could be removed and result in overlooking. If the reserved matters application is acceptable then a condition shall be attached for the scheme to be implemented in the first planting season of the commencement of development, and any plants/trees that become seriously diseased die or are removed within the first five years shall be replaced with a plant of the same or similar species.
CONCLUSION
The site is zoned for residential use and the information submitted in relation to this application demonstrates that the principle of developing the site with two dwellings is acceptable. However, as no details are submitted at this stage, as the plan indicates that it is illustrative, no approval should be conferred to the site or floor plans as indicated.
RECOMMENDATION For these reasons the proposed development is considered acceptable and it is recommended that the application be permitted. PARTY STATUS
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 08.02.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
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.
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.
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