Officer Report 08/02237/B

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Officer's Report

The Site

The application site comprises the curtilage of Block 1, Oakhill Court in Douglas, which is a three storey building located on eastern side of Stevenson Way. The site currently has a car parking area

which can accommodate 12 vehicles. The north of the application site are 3 blocks of apartments and to the east of the application site are the residential properties of No.'s 6 -12 (Evens) Manor Hill.

There has been approval granted previously for 6 new apartments adjoining the existing Block 1 to the north (PA 07/02338/B).

Proposal

This application is seeking planning permission to extend the existing apartment block to provide five garage spaces on the ground floor and one apartment on the first floor. The apartment would have two bedrooms, bathroom, study, kitchen and lounge area. This would be directly above the garages and would adjoin the existing apartments.

The proposed extension would be finished in matching materials in all aspects.

Planning Status

The application site is within an area of "Residential Use" under the Douglas South Local Plan, which was adopted by Tynwald in 1998. The Isle of Man Strategic Plan 2007 contains two policies which are considered specifically material to the assessment of this current planning application - Housing Policy 6 of the Strategic Plan states:

"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."

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:

• (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

The following previous applications are considered relevant in the consideration of this application:

Case – PA 07/02338/B Erection of an extension to existing building to create six additional apartments and creation of additional car parking provision – Permitted

Case – PA 90/00895/B Erection of 4 blocks of 6 apartments each – Permitted

Case – PA 89/04189/A Approval in principle for erection of 4 three-storey apartment blocks – Permitted

Case – PA 87/00931/A Approval in principle to residential development – Permitted

Case – PA 84/00377/A Approval in principle to the erection of hotel – Permitted

Representations

Douglas Corporation has no objection with this application.

Highways Division of the Department of Transport do not oppose the proposal.

Drainage Services has no objection with the proposal subject that there must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).

The owner and / or occupier of Keyden House, 19 Farmhill Park, Douglas, Mr B Malarkey MHK has objected to the proposal on the following points:

• the proposed garages and apartment would be very close to the boundary and would infringe on the privacy of residents of Manor View, towering over their backyards and overlook bedrooms
• the noise from opening and closing of garages
• lights from cars entering and leaving garages would shine into properties
• the loss of open green space
• would set a precedent for area of Farmhill

The owner and / or occupier of 8 Manor Hill, Farmhill, Douglas has objected to the proposal on the following points:

• the proposed development would overlook properties of Manor Hill and would result in the loss of privacy
• the noise of the from car driving to and from garages
• the proposed development would obstruct natural light from entering properties
• there are two over hanging trees over the development site which does not show up on the application
• the loss of natural grassland drainage may have the potential of storm water to drain onto our property
• the loss of the green area would have a negative impact on Farmhill

The owner and / or occupier of 10 Manor Hill, Farmhill, Douglas has objected to the proposal on the following points:

• due to the close proximity of the development, this would result in a loss of privacy to our property. As there is a drop in the lie of the land, residents of the development could look directly into a number of rooms of our property.

• car lights will shine directly into our property when moving in and out of garage
• additional cars may park around the development which would result in having a further negative impact on the privacy of our property
• there would be additional noise from the cars entering and leaving the proposed garages
• will block the natural light into the property due to the size and positioned of the development
• the application does not show that there are any overhanging trees on the site but there are two within the boundary of our property which does overhang the proposed site. The roots are thought to be under the proposed driveway and damage to the roots may affect the health of the tree. Health and safety would be a concern if it falls.
• the loss of natural grassland drainage may have the potential of flooding our property
• the loss of the green area would have a detrimental impact on the area

The owner and / or occupier of 12 Manor Hill, Farmhill, Douglas has objected to the proposal on the following points:

• the proposed development would be directly at the bottom of my backyard
• the garages would create unwelcoming traffic noise with several blocks of flats already present at the rear of our property
• the site is already over development

Assessment

Given the nature of the proposed development it is therefore appropriate to assess the proposal against the impact of the proposal upon the existing apartments to the north, impact on the properties to the south and the impact the proposal would have on the surrounding area in general.

In terms of the impact of the proposal upon visual amenities of the locality, it is considered that together with the previously approved plans (PA 07/02338/B), the existing apartments and the proposed garages and apartment 13; the massing would be too excessive and would be out of character for the locality of Farmhill. This would introduce a large dominant building to the street scene as it would be sited close to the boundary of the application site along Stevenson Way and in a prominent area of spacious apartment blocks.

It is regarded that the extension would cause an overbearing impact on the properties to the south of the site. Manor Hill borders the application site to the south east and there would be a number of the properties which would be affected by the development. Due to the change in ground level (approx 2.4m) from the application site compared with the level of Manor Hill, the proposed development would result in an overbearing impact on 9, 10, 11, and 12 Manor Hill (11 Manor Hill in particular). The proposed extension would only be 2m from the boundary of 11 Manor Hill and approx 11.4m between elevations.

The height of the extension would be 7.1m and together with the change of ground levels and the close proximity of the development to the neighbouring properties, this would result in an intrusive and overbearing impact on the properties of Manor Hill. As a result 10 and 11 Manor Hill would be affected by the loss of direct sunlight which would cause undue overshadowing to an unacceptable degree.

The zoning of the site is for residential use; therefore the principle of developing the site would be in accordance with Douglas Local Plan. But on a visit to the site it was viewed that the area in which the proposed development would be positioned is one of a few areas within the vicinity of Farmhill which has open space similar to this. It is considered that to lose it, it would be detrimental to the visual amenities of the locality.

The noise which would radiate from the proposed garages would result in discomfort to the properties of Manor Hill; however, this could be mitigated through the erection of an acoustic fence.

Other concerns

Overlooking is not regarded as an issue of concern as the roof lights are at a height and angle in which the residents would not be able to view out from. In regards to car lights shining through the properties to the south, this can be addressed by erecting a fence or improving the landscape of the boundary. Finally, the loss of the natural drainage as a result of the development and paved driveway can also be addressed during the construction of the development.

Recommendation

It is concluded that having assessed the proposed development against planning policies it is considered that the proposed development fails to satisfactorily accord with the provisions of the Isle of Man Strategic Plan 2007 and it is recommended that the planning application be refused.

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
• The owner and / or occupier of 10 Manor Hill, Farmhill, Douglas
• The owner and / or occupier of 12 Manor Hill, Farmhill, Douglas
• The owner and / or occupier of 8 Manor Hill, Farmhill, Douglas

Accordingly, the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

• The owner and / or occupier of Keyden House, 19 Farmhill Park, Douglas, Mr B Malarkey MHK

Recommendation

Recommended Decision: Refused

Date of Recommendation: 03.02.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

• C: Conditions for approval
• N: Notes attached to conditions
• R: Reasons for refusal
• O: Notes attached to refusals

R 1.

The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007 in that:

• (a) it would impact on the neighbouring properties of Manor Hill in terms of being overbearing, overshadowing, loss of light and visual intrusion; and
• (b) it would result in the introduction of a prominent and excessive building within the streetscene which will result in the loss of an area of open green space to the detriment of the visual amenities of the locality.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Refused Date : 19/7/09

Signed : D. B. R. Acting Senior Planning Officer