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Application No.: 21/00565/B Applicant: Headwall Ltd Proposal: Replacement of existing dwelling and workshop with 3 new dwellings Site Address: 8 Derby Square Douglas Isle Of Man IM1 3LS Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 19.07.2021 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
South Gable Elevation - first floor Lounge
North and South Balcony - Fifth Floor (roof) Balconies side elevations Reason: In tern interests of neighbouring residential amenities.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
This application has been recommended for approval for the following reason.
The proposal would result in an enhancement to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
20.05.2021
Additional Persons
None _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 SITE - 1.1 The application site is the residential curtilage of Vine Villa, a traditional Victorian single storey dwelling sited on the eastern corner of Derby Square, Douglas. - 1.2 Derby Square is characterised by its predominantly three-storey Victorian terraces to the four sides of the central green square. The majority of the properties are painted render with the varying degrees of architectural detailing, a result of alteration and to some extent, the differing approaches of its builders. In the main, the existing properties in the square are characterised as follows. The entrance door to the Ground Floor is arched headed, with a large format sliding sash window to the side, a heavy string course dividing ground and first floor which is modelled as the Piano Nobile with high sliding sash windows with heavy fluted surrounds and a smaller format sliding sash window at second floor. The eaves line is a heavily rusticated cornice. The architectural treatment does vary with 'ashlar' ruling in the render, cast iron balconies at first floor level and varying dormer formats.
2.0 PROPOSAL - 2.1 The application seeks planning approval for the Replacement of existing dwelling and workshop with 3 new dwellings. - 2.2 The works involve the demolition of the existing dwelling and outbuildings (extant approval for demolition works is in place 17/01032/CON - expires 06.11.2021) , and the erection of a five storey building comprising rooms in the roof and basement. From the Front elevation (Derby Square the building appears as a three half storey building, with rooms (dormers) within the roof. The basement level is not readily seen being below the road/footpath level. - 2.3 The architectural approach is for a Victorian style building to mimic the traditional Victorian townhouses on Derby Square and very similar to the three properties which have been constructed by Hartford Homes (Nrs 1, 2 & 3 Derby Square) in recent years which are immediately to the east of the site. The features include ground floor bay windows and glazed arched doors at the front. There would be a string course at first/second floor levels and cornice at eaves level over which there would be a small balcony off the accommodation in the roof. At the rear, the building would have a much more contemporary appearance with modern casement and fixed glazing. There would be balconies at first, second, third and four (roof level) for each dwelling; gaining views towards the sea and the bowling green below. Materials would be painted smooth sand cement render for the walls, cast stone copings, uPVC vertical sliding sash windows, and natural slate roof.
2.5 The proposals including the rebuilding of the boundary wall at the back of the footway
at the front facing onto Derby Square. The existing section of natural stone wall will be removed and replaced with a new low wall rendered walling with black painted wrought iron railings.
2.6 Vehicular access to the rear integral garages (basement level) would be form the rear Derby Square Lane.
3.0 PLANNING POLICY - 3.1 The site is identified as being within a predominantly residential area by the Area Plan for the East 2020. The application site is within the Windsor Road Conservation Area designated in September 2003. - 3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 Strategic Policy 1 states: 'Development should make the best use of resources by:
3.4 Strategic Policy 2 states: 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.' - 3.5 Strategic Policy 4 states: 'Proposals for development must:
3.6 Strategic Policy 5 states: 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.' - 3.7 Strategic Policy 10 states: 'New development should be located and designed such as to promote a more integrated transport network with the aim to:
3.8 Spatial Policy 1 states: 'The Douglas urban area will remain the main employment and services centre for the Island.' - 3.9 Spatial Policy 5 states: 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.' - 3.10 General Policy 1 states: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
3.11 General Policy 2 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:
3.12 Environment Policy 35 states: 'Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.' - 3.13 Environmental Policy 39 states: 'The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.' - 3.14 Housing Policy 4 states: 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:
3.15 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states:
'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
3.16 Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy
statement contains Policy CA/2, which is considered specifically material to the assessment of this planning application.
Policy CA/2 - Special Planning Considerations states:
'When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.'
3.17 POLICY CA/6 Demolition states: 'Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole.' - 3.18 Residential Design Guide 2019
4.0 PLANNING HISTORY - 4.1 The following planning applications are considered relevant in the assessment and determination of this application: - 4.2 Registered building application to vary condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with application
4.3 Variation of condition 1 of PA13/91226/B for the demolition of existing buildings and construction of four duplex apartments each with double garages, to extend the period of approval for a further four years (in connection with registered building application
4.3 13/91226/B - Demolition of existing buildings and construction of four duplex apartments each with double garages (in association with 13/01227/CON) - APPROVED - 4.4 13/01227/CON - Registered Building Consent for demolition of the existing buildings, as they are situated within a Conservation Area - APPROVED - 4.5 08/01677/A - approval in principle refused at appeal to demolish the existing dwelling and the construction of four terraced town houses. - 4.6 02/02464/B - application refused at review for the demolition of the existing buildings (except no 10) and redevelopment of site to create 50 apartments.
5.0 REPRESENTATIONS - 5.1 Highway Services initial sought additional information and to undertake a site visit. However, following amended plans Highways make the following comments (21.05.2021, 11.06.2021 & 25.06.2021): "The amended ground floor layout includes provision of waste bin storage within the double garages as well as space for bicycle parking. The garages are of sufficient dimensions to accommodate two cars, meeting the Strategic Plan minimum car parking standards.
Three is an increase in the number of access points on Derby Square Lane from two to three which is not expected to materially increase traffic movements.
Drawing 10-102 provides additional information to show the visibility splays at each proposed vehicular access. Only the northernmost one is fully compliant and above minimum requirement of 2 x 17m in each direction for c15mph speeds at 2 x 25m and relatively low traffic flows. The other two plots are proposed with substandard extents to the south allowing for 15mph speeds along the road at 11.6m for the middle plot and 3.2m for the southernmost plot.
Notwithstanding, the proposed sightlines are consistent with recent builds and other accesses along the Derby Square Lane. Atypical layouts are apparent for historic reasons diverging from the present criteria set out in the Manual for Manx Roads and the existing dwelling and workshop have such too. Additionally, drivers of passing traffic position vehicles more centrally within the public road allowing greater space to move forward on exiting the access points and in practice would have longer lines of sight than drawn. Accordingly, the visibility splays are accepted.
A separate technical review for construction purposes applies under a s109(A) Highway Agreement the formation of the access. Highway licences may be necessary for use of the public roads adjoining the site for equipment and / or materials and temporary orders for the closures or diversions.
Due to site context and driver behaviour, the proposal does not raise significant road safety or network efficiency issues.
As amended, the proposal is satisfactory in highway terms for Highway Services to raise no opposition subject to conditions to cover access as shown on drawing 10-102 and parking as depicted on drawing no: 10-01 rev 1.
Recommendation: DNOC"
5.2 Douglas Borough Council state (01.06.2021); "The amended drawings have now addressed the Council's original concerns relating to bin storage and we now consider that the proposed development has sufficient space for the storage of waste receptacles within the rear garages along with adequate space at the front of the property for the storage of recycling boxes for curb side collection." - 5.3 Ecosystem Policy Officer (DEFA) makes the following comments:
"Aerial photographs show that the western half of this plot is currently a long established garden with trees, grass and shrubs, which will be supporting a wide variety of biodiversity such as feeding, sheltering and breeding birds and invertebrates, and providing a refuge for wildlife in an otherwise urban area. Urban vegetation has the additional benefits of absorbing noise, reducing temperatures through shading, reducing atmospheric pollution and absorbing and storing carbon; benefits for people, wildlife and the environment.
Strategic Objective 3.3 Environment (b) of the Isle of Man Strategic Plan 2016 is 'to protect, maintain, and enhance the built and natural environment (including biodiversity)' and Strategic Policy 4 (b) is 'protect or enhance the nature conservation and landscape quality of urban as well as rural areas'.
In 2013 the Isle of Man Government signed up to the International Convention of Biological Diversity (CBD) and in 2015 published a Biodiversity Strategy 2015 to 2025 that set out the aims, objectives and actions to meet the obligations of the CBD. Habitat loss action 21 under the Biodiversity Strategy is 'DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for'.
Though the garden cannot be classified as high wildlife value and is likely to only support relatively common and widespread species, this development will nonetheless result in the loss of green space and an essential wildlife refuge in a very urbanised area. The new dwellings will take up almost the entirety of the plot and virtually no green space will be left on site and that which remains will have miniscule value to wildlife. As presented, the development will result in the loss of nature conservation value, contrary to Strategic Policy 4 of the Isle of Man Strategic Plan and Action 21 of the Biodiversity Strategy.
Therefore the Ecosystem Policy Team request that prior to determination of the application, the applicant provides details and drawings of proportionate ecological mitigation/compensation which will be integrated onto site to make up for the loss of green space.
My recommendations are as follows:
The Ecosystem Policy team do not object to the development of this area. However, green space is vitally important in urban areas and therefore where it will be lost it is entirely appropriate and in line with current government policy, to provide mitigation or compensation."
6.1 The assessment is broken down into the following separate elements that are considered in turn: (a) whether the site is a suitable location in principle for new residential development; (b) the effect of the proposal upon the character and appearance of the Conservation Area; (c) the effect of the proposal upon residential amenity of neighbouring properties; (d) potential impacts upon biodiversity; and (e) access and parking.
6.2 The site is identified as being within a predominantly residential area by the Area Plan for the East 2020. It is situated in a reasonably central and sustainable urban location, with good access to shops, services, jobs and public transport. The proposal would make effective use of previously used land. In these regards, the proposal is considered to be particularly sustainable and these factors support the case for the redevelopment of the site. There are no reasons why, in a strategic sense, the principle of development on the site is inappropriate. It is also noted planning permissions is still extant for the re-development of the site with a block
of four duplex apartments. The acceptability of the proposal should therefore turn on the consideration of the more detailed planning issues, which are dealt with below.
6.3 Although all issues must be balanced against one another in the determination of a planning application, the effect of the proposal on the character and appearance of the Windsor Road Conservation Area is one of the key tests of the application, the requirements of which are outlined in Environment Policy 35 of the Strategic Plan. For reference, this policy reads: 'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development'. - 6.4 In addition, Environment Policy 39 of the Strategic Plan and Policy CA/6 within Planning Policy Statement 1/01 both indicate a general presumption in favour of retaining buildings in Conservation Areas that make a positive contribution to the character and appearance of the Conservation Area. - 6.5 However, significant material consideration exists that the applicants could undertake planning application 17/01032/CON today, which allows the demolition of existing buildings on the site. Accordingly, it has already been accepted that the existing buildings on the site can be demolished. There is no change in planning policy since 17/01032/CON or 13/01227/CON and there are no other planning policies which would result in a different determination on this matter. - 6.6 The previous extant approval (17/01031/GB) for four duplex apartments had a similar design and style to what is proposed now. However; it is considered the current proposal would be an improved design; namely they are three dwellings, each with their own door way and which follow the same design lines of the majority of Derby Square. The apartments while in the whole, followed similar lines, they did require four separate doorways off the front elevation, which wouldn't have been detrimental to the area, but would have been different to the uniformity found in the area. Accordingly, the traditional design to the front of the proposal and the three individual entrances to each property would be an improvement and be more in keeping. The rear elevation is very contemporary, but again this is now a common feature to the properties along Derby Square. The four duplex apartments also had a similar design. It is considered this style is also acceptable again. - 6.7 Overall, the physical design, mass, proportion, scale and finish of the proposed dwellings, it is considered the proposals would be acceptable within the street scene and an enhancement to the Conservation Area complying with General Policy 2 and Environment Policy 35 and the Residential Design Guide 2019. THE EFFECT OF THE PROPOSAL UPON RESIDENTIAL AMENITY - 6.8 The main issues to consider are the potential impacts in terms of loss of light, overbearing impact and/or overlooking resulting in a loss of privacy. The properties most likely to be affect would be Nr 3 Derby Square to the north of the site and Nr 10 Derby Square (apartments) to the south of the site. - 6.9 In relation to Nr 3 the northern most dwelling of the proposals would run parallel with this property, with its gable wall facing Nr 3 gable wall. Accordingly, there would be no significant impacts to this property in terms of loss of light and/or having an overbearing impact. Given there are a number of balconies to the rear of the new dwellings, there can be concerns of overlooking. However, each of the balconies has adequate screening (side elevations) to prevent overlooking towards Nr 3. The closest proposed dwelling does proposes
at least two off road spaces per dwelling as well as bicycle storage all within the garaging to the rear of the dwellings. Accordingly, the application accords with the parking standards of the IOMSP.
6.15 Highway Services have considered the parking requirements and access arrangements and have raised no objections to the application.
7.1 The proposal would result in an enhancement to the Conservation Area and the street scene given the design, proportion, form, scale and finish of the properties, while not having any significant adverse impacts upon private or public amenities. Accordingly, the application would comply with the relevant policies set out in this report and therefore recommended for an approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…26.07.2021
Signed :……C BALMER…………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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