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23/00319/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00319/B Applicant : Mr Peter Peniata Proposal : Erection of replacement rear and side single storey extension, installation of bi-fold doors to the rear, replacement landing window and balustrade to roof terrace and widening of vehicle access and dropped kerb to be widened Site Address : 2 Wybourn Drive Onchan Isle Of Man IM3 4AJ
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.06.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
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.
This application has been recommended for approval for the following reason. The proposed balustrade would have limited impact on the character of the area but mildly improve the privacy of neighbouring properties.
Plans/Drawings/Information; This approval relates to the documents, and drawing no. 23/02/01, 23/02/02, 23/02/03 which have been received on 24th March 2023 and email correspondences as having been received on 21st April 2023. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
1 Governors Road
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23/00319/B Page 2 of 4
3 Governors Road 5 Governors Road
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of 2 Wybourn Drive, Douglas, a two-storey flat-roof detached dwelling located on the west of Wybourn Drive.
2.0 THE PROPOSAL 2.1 The proposed is the installation of balustrade around the roof.
2.2 The proposed also include the erection of replacement rear and side single storey extension, installation of bi-fold doors to the rear, replacement landing window, widening of vehicle access and dropped kerb to be widened.
3.0 PLANNING HISTORY 3.1 Erection of replacement rear and side single storey extension, installation of bi-fold doors to the rear, replacement landing window, widening of vehicle access and dropped kerb to be widened was APPROVED under PA 22/00906/B. The difference between the current proposal and the approved development is the balustrade around the roof.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 3, 5 o Paragraph 4.3.11 o General Policy 2 (b) (c) (g) (m) (n) o Paragraph 8.12.1 o Environment Policy 42 o Transport Policy 7 o Appendix 7.6 o Community Policy 7, 10 o Infrastructure Policy 5
PPS and NPD 4.3 There is no planning policy statement or national policy directive considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation Strategy and Guidance 5.1 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Section 4.6 Rear Extensions o Section 4.7 Flat Roof Extension o Section 4.8 Side Extensions o Section 4.11 Roof Terrace, Balconies, Decking and Patios
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o Chapter 5 Architectural Details o Section 6.3 Front Gardens and Driveways o Chapter 7 Impact on Neighbouring Properties
6.0 REPRESENTATIONS 6.1 Onchan District Commissioners has not commented at the time of the report (15.05.2023).
6.2 DoI Highway Services does not oppose to this application (05.04.2023). The comment states that there is no significant road safety or highway network efficiency issues. The comment also states that development involves the access does not change from the previous approval.
6.3 DoI Highway Drainage reminds the applicant that no surface water should be discharged into highway drainage.
6.4 No 1, 3 and 5 Governors Road all wrote in objection to this application (12.04.2023- 14.04.2023). The comment states that the proposed terrace would overlook into their garden and reduce their privacy.
6.5 No 3 Governors Road also states that the proposal would not be in keep with its surroundings.
6.6 The application wrote in response to the comments (21.04.2023). The response states that the roof terrace is not part of the application as the use has always been there (mentioned in the proposed plan). The response considered the proposal improves the safety of users and privacy of neighbouring properties. The response also considers the house to be unique within the area and the proposed balustrade in keep with the design of the house.
7.0 ASSESSMENT 7.1 As the current application contains all the approved development from PA 22/00906/B and no policy changes regarding the assessment of these development has taken place. This application will only assess the proposed balustrade but conditions same as the previous approval will still be attached for consistency.
Point of Clarification 7.2 The roof in this application is a part of the same planning unit as the main dwelling. The use of a roof as a view point/sitting area is considered being incidental to the enjoyment of the dwellinghouse. This means such use, according to Section 6 (3) (b) of the Town and Country Planning Act 1999, is not typically controlled by planning.
7.3 The installation of balustrade is considered engineering operation and would require a planning application in this instance. The new balustrade would improve the ability to safely access the roof and sequentially lead to more usage of the roof. However, the increase in intensity would still be incidental to the enjoyment of the dwellinghouse. Therefore, the assessment will only be for the physical impact of the new balustrade and does not include the impact of use of the roof terrace itself.
Elements of Assessment 7.4 The key considerations in the determination of the application are its impact on the design of the house itself and on the character and streetscene of the area.
Design of the House Itself 7.5 The balcony with its glass balustrade is considered to have a neutral impact on the design of the house.
Character and Streetscene
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23/00319/B Page 4 of 4
7.6 This house is the only one with a dominant flat-roof character around the area. Other houses might have flat-roof elements but none of them would be considered as a dominantly feature of that house. It is safe to say that flat roof is not contributing to the character of the area, namely a roofscape form with predominantly pitched roof.
7.7 The proposed balustrade would draw more attention to the only flat roof within the area. This being said, because it is also the only flat-roof within the area, the house is also considered to have very limit impact on the character of the area, and so does the proposed balustrade.
Planning Balance Assessment 7.8 The proposed balustrade would have an impact on the character of the area. However, as the impact is limited and there is no special protection on the character of the area (like that within a Conservation Area), this is not considered to be a sufficient reason for recommending a refusal.
8.0 CONCLUSION 8.1 The proposed balustrade would have limit impact on the character of the area and does not detract from the character of the house. Therefore, it is recommended for an approval.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 27.06.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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