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Application No.: 07/01432/B Case Officer : Mr Ian Brooks #### Consultations #### Representations {{table:172986}} ### Planning Applicant: Turvey Homes Ltd Proposal: Residential development of six detached dwellings Site Address: Site Of Former Nursery Lower Dukes Road Douglas **
The application site comprises of a former nursery located northwest of Dukes Road, Douglas. The neighbouring dwellings consist mostly of medium/large detached two storey dwellings and some semi-detached properties south west of the site. To the north-east of the application is the residential property of White Field and to the north is the residential property of Laureston Mansion House. To the west of the site is the residential property of Ballaqueeney Lodge and the Greater World Christian Spiritualist Church.
The north boundary of the site consists of an approximately 5 metre high hedge, to the east boundary there is mostly a 5 metre high hedge, however in parts the hedge is only 1 metre high. The boundary fronting Dukes Road consists of 10 trees (elms, beech and ash trees) and hedging in parts. The west elevation has a total of 16 trees (elm, elderberry and sycamore trees) and has hedges in parts as well.
This application is seeking planning permission to develop the site with six detached two storey dwellings with double garages. The materials envisaged are facing brickwork with reconstituted stone quoins and other features to the walls and slate like tile and plain type tile to the roofs. It is the intention of the applicant to have a small palette of natural colours for the roof, walls and paving to provide interest within the estate. All the materials will be the subject of approval of samples prior to construction. There are two types of dwelling will be erected on the site.
House type A will be 11.85m in length and 8.6m in width. The height of the dwelling will be 9.15m to the ridge. A cat slide kitchen/sun lounge outrigger will be erected to
the rear which will be 11.3m in length and 3.2m in width. A two storey side outrigger will be erected which will measure 6.3m by 6.1m and the height of the outrigger will be 7.5m to the ridge.
House type B will be 11.9m in length and 8.6m in width. The height of the dwelling will be 9.15m to the ridge. A two storey side outrigger will be erected which will measure 6.3m by 6.1m and the height of the outrigger will be 7.5m to the ridge.
The development will require 4 trees to be removed from the southern boundary of the site and a further 3 trees to be removed from the western boundary. A new frontage along the Dukes Road will be created by incorporating a planted verge with brick piers with dwarf walls/timber panel fencings. The maximum height of the boundary treatment fronting onto Dukes Road will be 2m.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Housing Policy 6, Transport Policies 1, 4 and 7.
The Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 zones the area as predominantly residential.
The following previous applications are considered relevant in the consideration of this application:
05/01772/A – Approval in principle application to develop land to form a small estate of seven houses – granted 28th November 2005.
04/01526/B – Erection of 24 apartments with associated parking and landscaping and Manx Electricity Authority Substation – refused at appeal on 9th December 2005.
01/02118/A – Approval in principle for erection of eighteen dwellings, erection of eight apartments and conversion of manor house to create five apartments – refused at review 20th March 2002.
00/01612/A – Approval in principle for erection of 18 dwellings – granted on review 9th March 2001.
The Highways Division of the Department of Transport had objected to the application on the grounds that the access road and the driveway to plot 4 were not wide enough.
Standard comments have been received from the Isle of Man Fire and Rescue Service, Manx Electricity Authority and the Isle of Man Water Authority.
Drainage Department of the Douglas Corporation does not object to the application.
The occupiers of Ballaqueeney Lodge have objected to the application on the grounds that the development does not satisfy condition 3 of 05/01772/A; the layout is a very high density and is not suited to the surroundings and they also raise issues in relation to overlooking.
The occupier of Seacliffe, Port Soderick advises of no objection subject to details of the finishes.
In 2005, an application (05/01772/A) for an approval in principle for the erection of seven houses was submitted and this was granted at appeal on 28th November 2005. This is a separate application to develop part of the site and therefore the principle of developing the site for residential must be reconsidered.
The application site is located within an area zoned as predominantly residential in the Douglas Local Plan 1998. The proposed development would be compatible with the land use zoning within the Douglas Local Plan and there have been previous permissions for residential development on the site, which has effectively established the principle of developing the site for residential use.
The occupiers of Ballaqueeney Lodge have made reference to condition 3 of the approval in principle which stated that "Planning Approval has hereby not been given to the design or layout of the dwellings as submitted and future application should take into account a more generous allocation of rear gardens and also reduce the overlooking onto neighbouring properties." The planning officer at the time in assessing the indicative plans for the approval in principle considered the rear gardens for Plots 1, 5 and 6 were inadequate for the type and size of dwellings being proposed. The applicant has rectified this situation within this application by either moving the boundaries of the plots or by moving the dwellings to allow more space to be created to the rear. It is considered that the proposed layout is relatively spacious in nature.
In respect of the impact on the residential property of White Field, the proposed development requires additional landscaping along the boundary of White Field so as to prevent any overlooking into the rear garden of the neighbouring property and this can be secured by a planning condition. None of the proposed dwellings will directly overlook into any habitable windows of White Field. Subject to the additional landscaping along the boundary of White Field, it is considered that the development will not cause any significant impact in terms of overlooking and loss of privacy.
In respect of the impact on the residential property of Sunnyside, the application site is set to the north east of Sunnyside and is separated by an access road leading to the Spiritualist Church. The nearest dwelling is set 24m away from the boundary of Sunnyside and there are a number of trees running along the western boundary of the application site which are to be retained. Due to the distance of the dwellings and the retained tree boundary, it is considered that any impact from overlooking will be significantly reduced.
In respect of the impact on Ballaqueeney Lodge, the nearest dwelling is set approximately 22m away from the nearest habitable windows in Ballaqueeney Lodge and approximately 17m away from a first floor window in a detached garage block. The proposed dwelling will be offset at an angle to the neighbouring buildings. There are a number of trees running along the western boundary of the application site which are to be retained and therefore due to the distance of the dwellings to the buildings, its orientation to the neighbouring buildings and the substantial tree boundary, any impact from overlooking will be significantly reduced.
The impact on Laureston Manor House will be minimal. The proposed dwellings are set a significant distance away from the main house. Furthermore, there is a substantial hedge running along the boundary of the two sites which will prevent any overlooking from occurring.
In respect of the impact on the visual amenities of the street scene of Dukes Road, the proposed development will require 4 trees to be removed from the roadside frontage and the applicant has submitted a letter from the Arboricultural Officer of the
Department of Agriculture, Fisheries and Forestry indicating that they are decayed. The plans show a planted verge running along the frontage of the development; however, the precise details for the proposed planting have not been submitted as part of the application although this can be dealt with by a condition requiring the details to be submitted. The proposed boundary treatment of brick piers and brick dwarf wall with timber panel is an acceptable design solution and will be further softened by the planted verge. The dwellings on Plot 1 and 7 would be visible from the public highway; however the designs for the dwellings are relatively modest and would not appear excessively large within the street scene. Overall, it is considered that the proposal will not adversely affect the visual amenities of the street scene.
In terms of the total parking provision for the estate, all of the properties have double garages with driveways for at least two more parked vehicles. The proposed development accords with the car parking standards set out in the Isle of Man Strategic Plan 2007.
The Highways Division of the Department of Transport had objected to the application on the grounds that the access road and the driveway to plot 4 were not wide enough. The applicant has made amendments to the plans so as overcome the concerns of the Department of Transport and it is considered that the amended plans would nullify the Department of Transport's objection. However, the Department of Transport Highways Division have not confirmed whether the amendments submitted are acceptable.
It is recommended that planning permission be granted subject to conditions in the attached schedule.
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.
Whilst Isle of Man Fire and Rescue Service, Manx Electricity Authority and the Isle of Man Water Authority represent a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
In summary, 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:
Accordingly the following parties are not afforded interested party status:
Decision Recommended by the Director of Planning and Building Control: Permitted
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of six dwellings as shown in drawing numbers P07 Rev. A, P11 Rev. A, P12, P13, P14, P15, P16 and P17 date stamped 16th November 2007, Tree Survey and Letter from Department of Agriculture, Fisheries and Forestry date stamped 31st July 2007, Planning Statement from McGarrigle + Jackson date stamped 31st July 2007.
C 3. No development shall take place until samples of the facing, roofing and paving materials to be used have been submitted to and approved in writing by the Planning Authority and these works shall be carried out in accordance with the approved details.
C 4. No development or other operation shall be commenced on site until adequate steps, which shall have been previously approved in writing by the Planning Authority, have been taken to safeguard against damage or injury during construction works to all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
C 5. No existing tree or shrub indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped or uprooted without the written consent of the planning authority. Any such tree or shrub removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.
C 6. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the planning authority and these works shall be carried out as approved. Details of hard landscaping shall include boundary treatment, footpaths and hard surfacing materials and specifying the colour of the entrance gates. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within a period of 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.
C 7. No dwelling hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.
C 8. No dwelling hereby permitted shall be occupied until the garages and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
C 9. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
N 1. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.
The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.
N 2. The Applicant's attention is drawn to the advice of the Borough of Douglas Drainage Department, a copy of which is attached to this notice.
N 3. For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958.
N 4. The applicant is advised to consult the Fire Safety Department to discuss the fire safety issues with the development.
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