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23/00342/B Page 1 of 13
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00342/B Applicant : Mr & Mrs Paul And Lorna Gresswell Wilkins Proposal : Erection of a replacement dwelling with integral garage, associated landscaping and adjustment of the vehicular entrance Site Address : Thie Ny Marrey 8 Perwick Road Port St. Mary Isle Of Man IM9 5PA
Planning Officer: Mr Hamish Laird Photo Taken : 19.04.2023 Site Visit : 19.04.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.08.2023 __
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.
C 2. No work shall be carried out on in relation to the construction of any of the external surfaces of the dwelling hereby permitted unless details of the materials, colour and finish (including the provision of samples of brick, stone and slate; and, water resistant membranes) to be used for all external walls and roofs have been first submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall thereafter be constructed in accordance with the approved details.
Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016).
C 3. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
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Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area.
C 4. The vehicle parking spaces shown provided for the development, hereby permitted, both within and outside the garage on Drawing No. 281-P-003 Rev. B Proposed Ground Floor Plan - stamped received and dated 6 July, 2023; shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
C 5. There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).
Reason: To comply with the requirements of Manx Utilities and the Sewerage Act 1999.
C 6. The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.
Reason: To accord with the Sewerage Act 1999. Note: 1 communication fee will payable to Manx Utilities Authority in respect of each property being connected (directly or indirectly) to the public drainage system.
C 7. Prior to the commencement of any works on site, protective fencing shall be erected on the site boundary with the adjoining Golf Course. Thereafter, such fencing shall be retained for the duration of the building works on site, and no materials or equipment arising from the demolition of the existing dwelling and from subsequent building operations shall be stored on this adjoining land.
Reason: To ensure that the boundary scrub is retained and protected from damage during demolition and building operations as it may accommodate speckled bush crickets which are protected under the Wildlife Act 1990, Schedule 5 (26.10.17).
C 8. Prior to the first use of the garage as part of the dwelling, hereby approved, provision for the charging of electric vehicles shall be made within the structure of the garage, and shall thereafter be maintained for the lifetime of the development.
Reason: The provision of an electric vehicle charging point will aid net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027).
C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected or
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enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The proposed scheme would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016; and, the principles of the Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the following drawings and documents date stamped and received 17 March, 2023, unless otherwise stated:
Drawing No. 281-P-001 Rev. B Site Location Plan and Proposed Visibility Splays - stamped received and dated 6 July, 2023; Drawing No. 281-P-003 Rev. B Proposed Plans - stamped received and dated 6 July, 2023; Drawing No. 281-P-004 Rev. B Proposed Elevations - stamped received and dated 6 July, 2023; Drawing No. 281-P-005 Rev. B Proposed Sections - stamped received and dated 6 July, 2023; Drawing No. 281-P-006 Rev. B Proposed Contextual Elevations - stamped received and dated 6 July, 2023; __
Interested Person Status - Additional Persons
In accordance with the provisions of Article 6(4) the occupants of No. 10 Perwick Road, who are also the owners of the plot at No. 9 Perwick Road should be given Interested Person Status. __
Officer’s Report
THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT BECAUSE ITS CONSIDERATION HAS IMPLICATIONS IN RESPECT OF PA23/00470/B FOR THE ADJOINING SITE WHICH IS ALSO PLACED BEFORE THE COMMITTEE.
THE SITE 1.1 The application site comprises the curtilage of 8, Perwick Road which sits on the south-east side of the road with a rear view across Port St Mary Golf Course towards Clifton Road in the distance to the south east, and the sea. It has a site area of approx. 825m2 (0.08ha). The existing property is a bungalow with a footprint area of approx. 323m2 with integral garage
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with access onto Perwick Road which is in a reasonable state of repair, however, it appears not to have been occupied for some time. The bungalow has terracotta painted rendered walls under a shallow-pitched roof of Double Roman dark brown tiles, with a complimentary, subservient, rear wing attached. It has white fascia boards, guttering and rainwater goods, and large picture windows plus full height sliding patio doors in its rear elevation opening out onto the rear garden area. Its front roadside boundary is marked by a low, Manx stone, wall. The land level falls gently downhill from the road carriageway to the rear where the site adjoins the golf course with an overall level change of around 4.5m from road, which is a Local Authority owned low stone wall, to the south-east boundary. This change in levels is similarly reflected for the other dwellings (1-10) along this side of Perwick Road.
1.2 The streetscene is quite varied on the southern side of Perwick Road with a number of dwellings having been rebuilt and altered and thus having slightly different roof heights and form to their neighbours. There is no unifying building style in the street, and most buildings are of typical 1970's suburban design. The neighbouring dwelling to the south-east at No. 10 Perwick Road, is set some distance away from No. 8 with its side garden between the two dwellings acting as a separate, albeit undeveloped, plot. The streetscene on the other side of the road is similarly varied, although with more uniform with distinctive gable projecting bungalows prevailing closer to the junction of Perwick Road with Fistard Road.
THE PROPOSAL 2.1 The full planning application proposes the "Erection of a replacement dwelling with integral garage, associated landscaping and adjustment of the vehicular entrance".
2.2 The proposed dwelling would step from a single storey bungalow as viewed from Perwick Road to a full 2 - 21⁄2 storey property with a flat roofed first floor element across half of the width of the dwelling at the rear when viewed from the rear of the site and the Golf Course beyond. The dwelling would span the width of the plot apart from approx. 1.0m - 1.2m wide walkways either side of the built form adjacent to the plots side boundaries with No. 7 and No. 9's side garden. The submitted plans show that the dwelling would measure: o Footprint of approx. 342m2; o 27.149m deep (max. front to rear); o 18.6m along the side adjoining No. 7's side garden; o 15.8m across the width of the main part of the dwelling; and, o 9.4m wide across the front element containing the 2 double bedrooms, with en-suite and dressing facilities; entrance porch and store-room; o Eaves heights varies between 3.46m front / 4.29m rear; o Eaves height of flat roof at rear 7.49m; o Max roof height 7.48m; o Chimney height 8.71m; 2.3 It would provide the following accommodation (details taken from Drawing No. 281/P/003)
Inside: Ground floor: Entrance Hall; Boot Room; WC; Kitchen/Dining/Living Room; 2 X Gym Rooms; 2 No. Bedrooms with Dressing Area and Ensuite Bathroom; Store; Double Garage; Plant Room; Void to Courtyard.
First floor: Master Bedroom; Master Dressing Room; Master Ensuite Bathroom; Music Room; 2 No. Voids to Courtyard; 2 No. Areas of Roof Space.
Outside: Parking Area; External Porch; Courtyard; Front Garden Area; Bin and Bike Store; Void To Courtyard.
2.4 There will be a full-height window in the SW side elevation serving the gym which would be recessed and would look out onto the courtyard area adjacent to the side garden serving No. 10; and, from the ground floor side full-height window serving the new living room
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area of the kitchen/dining/living room at the rear of the dwelling. A ground floor and first floor bedroom window would both face the road to the north-west; whilst a ground floor window serving the gym would face No. 7. To the rear, ground floor windows serving kitchen/dining/living room and first floor master dressing room and en-suite bathroom face south east out over the golf course.
2.5 Amended Plans received on 6 July, 2023, show changes to the external arrangements with a further greening of the garden areas front, side and rear and the deletion of the proposed South West Terrace; Sunken Sitting Area; Original Area of Planting; Potential Sauna And Plunge Pool, which were located to the rear of the dwelling.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South as Predominantly Residential. The site is not within a Conservation Area or flood risk area. The site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant:
3.2 The site lies within an area designated for residential use on the Area Plan for the South (2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows:
"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:
(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; (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. (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption. "
3.3 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and
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v. provide a safe and secure environment.
Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
PLANNING HISTORY 4.1 None of relevance in respect of the application site.
4.2 NB - Planning Application Ref: 23/00470/B on the adjoining side garden serving No. 10 Perwick Road for the erection of a dwelling with integrated garage, PV panels and heatpump on 9 Perwick Road, Port St Mary, IOM, is currently pending consideration.
4.3 NB - Planning Application Ref: 18/00860/B - for alterations and extension to property, and creation of terrace at No. 7 Perwick Road was granted on 22/11/2018. The planning permission has not been implemented, and expired on 21/11/2022. No further applications for No. 7 have been submitted. This mainly involved the removal of the existing conservatory and the addition of a lower ground floor level extension to provide a study and bedroom 4, with balcony/sitting out area above on flat roof; rear ground floor dining room extension at level of balcony; remodelling of the elevations, a new front porch and replacement of the two garage doors with a double up-and-over garage door.
REPRESENTATIONS 5.1 Port St. Mary Commissioners indicate that they do not oppose the application (28/4/2023).
5.2 Highway Services Highways Comments (5/4/23): "The replacement dwelling will utilise a modified access off Perwick Road. The Design and Access Statement has provided justification for the choice of visibility splays to 2.4m x 25m (suitable for speeds up to 20mph), stating the road being residential in nature with low traffic flows and assumed lower speeds. Perwick Road is residential and provides no through route, however the road is not subject to a 20mph speed limit and the substantial road width (7.3m) with straight road alignment affording good forward visibility would encourage higher speeds closer to 30mph. The elevation models indicate that the achievable visibility is limited by a boundary wall to the front for the plot rather than the building line. It is accepted that a visibility splay up to the requirement for 30mph may not be achievable from the proposed access due to land ownership at either side of the plot, however, the visibility should be maximized where possible. Highways request that the boundary wall to the front of the plot is reduced to a maximum height of 1.05m so that visibility from the access can be gained across the entire frontage.
The proposed access is approximately 5.4m in width which is more than sufficient to provide vehicular and pedestrian shared access. The applicant/agent should ensure that a gradient of 7% (1:14) is not exceed for the first 5m back from the highway. The proposal also includes the provision of a drainage channel across the connection of the driveway and the highway to prevent surface water discharge onto the highway. With an integral garage and sizable driveway, there is more than enough space for the parking of two vehicles, meeting the Strategic Plan minimum requirement. Separate bicycle parking has been provided in a secure and covered location to the required standard.
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If the application is to be granted permission, a Section 109(A) Highway Agreement will be required for the alteration to the highway. The internal elements and the access arrangements of the proposal are acceptable to Highways. However, Highways Development Control request that the boundary wall to the front of the dwelling is reduced in height to a maximum of 1.05m in order to allow the visibility splays to be maximized, reflecting the likely speeds along Perwick Road.
Recommendation: Request additional information/revisions"
Highways Comments (17/3/23): "Previous Highways response dated 05/04/2023 was accepting of the vehicular arrangements of the proposal, but requested that the visibility splays were maximised from a 2.4m setback position to reflect the posted speed limit along Perwick Road.
The amendments submitted have now provided revised visibility splays from a 2.4m setback position. With the boundary wall now reduced to a height no greater than 1.05m, the splays have now been maximised to their furthest extend within the land owned by the applicant or the highway. To the left on exit the 43m required for a 30mph road is achievable. To the right on exit, the visibility does not exceed 25mph to the nearside edge. This does not meet the requirement for a 30mph road. Although Perwick Road is wide and straight in alignment, encouraging higher speeds, it is residential in nature and does not provide a through route to any other use other than properties. Vehicle flow along Perwick Road will be low, and users will potentially be slowing to enter their own premises or navigate on-street parked vehicles. Highways accept the visibility achievable from the proposed access.
The alteration to the highway, in the form of altering an access, will require a Section 109(A) Highway Agreement to be made post planning. The proposal raises no significant road safety or highway network efficiency issues, accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements including visibility splays to accord to Drawing No. 281/P/001/ Rev A. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent.
Recommendation: DNOC - Do not oppose subject to condition"
5.3 Highways (18/7/23) commented: "Upon review of the amended plans submitted in the below re-consultation, Highway Services DC can advise that we have no further comment to add to those made 20/04/2023."
5.4 DEFA Senior Biodiversity Officer recommends that during building works, the boundary scrub is retained and protected from damage as it may accommodate speckled bush crickets which are protected under the Wildlife Act 1990, Schedule 5 (26.10.17).
5.5 Manx Utilities - comments (18/5/2023) "Manx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s:- There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of Manx Utilities and the Sewerage Act 1999.
The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense. In accordance with the Sewerage Act 1999, 1 communication fee will payable to Manx Utilities Authority in respect of each property being connected (directly or indirectly) to the public drainage system."
NEIGHBOURS REPRESENTATIONS
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5.5 The owner/occupants of No. 10, Perwick Road considers the proposed scheme includes a courtyard, which is open towards and overlooking the current empty plot at No. 9 Perwick Road. The spaces looking into the courtyard A bedroom; A gym; A music room, and; The entrance hall, which affords straight views onto No. 9 Perwick Road via the courtyard. The new dwelling would be sited 1.0m off the boundary with the empty plot at No. 9. The neighbours advise they have since submitted their plans for the development of their plot at No. 9 and that their submitted siting and design of dwelling would result in the view from and the light falling into the courtyard from the side being affected. They do not oppose the re-development of No. 8, but wish to ensure their amenities are protected and their intention to build at No. 9 is known and will be taken into account before a decision on the application is made. The neighbours welcome the planted screen in the form of tall grasses which will provide a degree of privacy and visual interest for the No. 8 applicants, although might die back in Winter and need hard pruning in Spring. To ensure privacy for the occupants of the new No. 8 dwelling and those of No. 9 the neighbours would welcome the installation of a fixed opaque screen of at least 2m in height, behind the grasses, towards No. 9 Perwick Road, running the length of the courtyard. 5.6 No representations have been received from the occupants of No. 7 Perwick Road. 5.7 No further neighbour representations had been received in respect of the amended plans at the Report Drafting stage.
ASSESSMENT 6.1 The issues in this case are whether the proposed replacement dwelling in terms of its the size, scale, massing, plot coverage and overall architecture is really suitable for this site in terms of the impact it would have on the character of the streetscene and the site's surroundings. In addition, consideration should be given to whether it would have an acceptable impact on the living conditions of those in neighbouring and nearby dwellings (including that proposed by application Ref: 23/00470/B - pending consideration) for the adjoining plot to the side of No. 10 Perwick Road; and, finally whether the proposed changes to vehicular access would be satisfactory in terms of highway safety.
Streetscene 6.2 The proposed replacement dwelling would span the width of the plot apart from approx. 1.0m - 1.2m wide walkways either side of the built form adjacent to the plots side boundaries with No. 7 and No. 9's side garden. The submitted plans show that the dwelling would measure: o 27.149m deep (max. front to rear); o 18.6m along the side adjoining No. 7's side garden; o 15.8m across the width of the main part of the dwelling; and, o 9.4m wide across the front element containing the 2 double bedrooms, with en-suite and dressing facilities; entrance porch and store-room; o Eaves heights varies between 3.46m front / 4.29m rear; o Eaves height of flat roof at rear 7.49m; o Max roof height 7.48m; o Chimney height 8.71m;
6.3 The external built (but not roofed over) forms proposed to be provided to the rear of the replacement dwelling for the sunken sitting area; planted area; and, potential sauna and plunge pool; externally, when compared with the existing dwelling, would have added significantly to the plots coverage with an emphasis on built form with little room for landscaping to aid softening of the mass and extent of the built form, and to help assimilate the development into its surroundings. However, the amended plans received 6 July, 2023, have deleted these elements and show the front, rear and side garden areas on The 2 No. courtyard areas, one to the western edge of the dwelling facing No. 10's side garden; and, one
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internal to the dwelling whilst providing external spaces for the occupants of the dwelling, with planting/landscaping appropriate for a site close to the sea and the prevailing SW wind, which would, over time, soften the appearance of the dwelling and assist in assimilating it into its surroundings.
6.4 In terms of concerns raised regarding the visual impact of the dwelling, the applicant's have responded advising: "We have selected images from our sketchup massing model (attached in folder Massing Images and Drawing), which we shared with you in advance of our last meeting that show how our proposal is not overbearing or out of character with the wider street or No.7, and which are in addition to the comprehensive design and access statement that we provided with the original planning application. Rear Elevation (Image 01 Rear Elevation Massing) On the rear elevation the massing of our proposal is not dissimilar to No.6 and No.10. Roof pitch and relationship with No.7 (Image 02 Rear View Facing West Proposed and 03 Reflected Elevation) The proposed No.8 eaves are slightly higher than No.7's (the eaves of our proposal tie in with the higher general line of the street which is only 200mm above No.7s eaves), and the roof is sloping away at a similar line as between the ridge and conservatory eaves on No.7. Where the slope of the roof of our proposal passes the ridge of No.7 it is only 500mm higher. This is also demonstrated on the reflected elevation drawing. Our ridge line again ties in with No.6 and No.10. Image 04 (Relationship of No.8 and No.7 West) shows the eaves levels and roof pitch are shown as being similar in the rear garden of No.7, with our proposal not overbearing No.7."
6.5 The massing and overall architecture of the proposed development is considered to be suitable for this site. As can be seen, the applicant has provided "Proposed Sections and Contextual Elevations" which indicate that the dwelling would in comparison to those existing at 1 to 8 Perwick Road, which are characterised by low-rise dwellings with garden areas front and rear, be commensurate with the size, scale and massing of the individual dwellings/development, thereon.
6.6 The submitted drawings show that the height of the replacement dwelling would be similar to those of adjoining dwellings at Nos. 6 & 7 Perwick Road. With the submission of the amended plans, the footprint of the proposed dwelling, its size, scale, massing, and plot coverage, minus the external built forms to the rear of the dwelling for the south west terrace; sunken sitting area; planting; and, potential sauna and plunge pool, now indicate that the proposal represents an acceptable form of development of the plot. Previous concerns that it would appear cramped and incongruous have been alleviated via the submission of "Proposed Sections and Contextual Elevations". As such, whilst the design is contemporary and not reflective of adjoining dwellings and could be read as being contrary to EP42, it is nevertheless, considered to be an acceptable form of development that would not be unduly harmful within the streetscene, and its visual impact is considered to be acceptable.
6.7 The proposed revised vehicular access will open up the access to a width of approximately 5.4m which is considered to be more than sufficient to provide shared vehicular and pedestrian access. Amendments have been submitted which now provide revised visibility splays from a 2.4m setback position. The front boundary wall would now be reduced to a height no greater than 1.05m, and the pedestrian/vehicle visibility splays have now been maximised to their furthest extent within the land owned by the applicant or the highway. This would lead into a ramped paved area which would also provide access to the new garaging, with space to accommodate 3 vehicles. This width of opening and the extent of the paved area is considered to be acceptable and would not result in an unduly adverse visual impact within the street- scene.
Impact on neighbours 6.8 Those properties closest to the application building are No. 7 Perwick Road which is alongside to the north-east; and, No. 10 Perwick Road, to the south-west, which is set some
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distance away from No. 8 with its side garden between the two dwellings acting as a separate, albeit undeveloped, plot. It is noted that the occupants of No. 10 have, since this application was submitted, applied for full planning permission on this intervening site - see Ref: 23/00470/B - erection of a dwelling with integrated garage, PV panels and heatpump - which is pending consideration.
6.9 In respect of the impacts of the proposed development on the amenities of the occupants of No. 7, it is noted that No. 7 has a double garage facing No. 8 at the front of the dwelling, with the master bedroom adjacent with windows facing No. 8 - all of which are set back from the boundary with No. 8, and are unlikely to be unacceptably adversely impacted as a result of the presence of the new dwelling in terms of light to No. 8 and privacy to the Master Bedroom. The element of No. 7 closest to the boundary with No. 8 is the living room which has a side window facing the site; and, the rear conservatory. The conservatory is a small 2.5m deep x 4.0m wide boxed shaped attachment to the rear of No. 7 which has glazing on 3 sides.
6.10 The applicants submitted details show that the rear elements of the new dwelling would not cross the 60o line in terms of light loss to the side living room window or the rear conservatory from the built form of the replacement dwelling at the rear. Following concerns raised with the applicant's, they have advised that:
"The proximity of our proposal in relation to No.7 is no closer than other similar juxtapositions between for example No.7 and No.6, or No.6 and No.5.
Although our proposed gable is closer to No.7, it is more private than the existing as we have no windows on the section of gable that overlaps the side window of No.7, therefore increasing the privacy for both sets of occupants.
The side window of No.7 is not a primary window from that living space, which has 2 windows directly facing the sea view, and another facing the road. In fact the window in question comprises only 13% of the window area in that room. Our proposal passes the 45 degree test from the principal windows of this room.
The view from the side window of No.7 towards the sea is only slightly less expansive than it was, due to the position of the existing dwelling. Presently it is not possibly to see the south- western headland from this window, as shown in the reflected elevation drawing."
6.11 Whilst this is noted, it is considered that the presence of the upper storey element of the new dwelling and sloping parapet of the side wall closest to No. 7 which surrounds the first floor balcony/sitting out area would result in an overbearing outlook when viewed from the side living room window and conservatory at No. 7. Such a diminished level of outlook is considered to be unacceptable.
6.12 In terms of the impact on No. 10 Perwick Road, there would be little impact given the distance involved between the No. 10 dwelling and the site at No. 8. Views of the new dwelling would be available across the side garden serving No. 10. Turning to the current planning application for the erection of a dwelling on the No. 9 plot, this application is currently being considered and limited weight is afforded to it in the consideration of the Ref: 23/00342/B proposals for the replacement dwelling at No. 8. The submitted design shows a dwelling that is single storey at the front facing Perwick Road, and 2 1⁄2 stories at the rear facing the golf course.
6.13 The applicants at No. 8 have commented on the Ref: 23/00470/B application expressing concerns that: The dwelling is out of character with the surroundings; there would be overlooking of the rear garden/private amenity space of No. 8 from the first floor rear balcony; there would be overlooking from the 9 windows inserted in the side gable wall of the dwelling albeit that the windows are stated as being hi-level, there are no internal floor heights to correspond with the height of the windows in the side elevation resulting in a strong likelihood
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of overlooking and loss of privacy. Other concerns relate to boundary treatments; construction and excavation close to the boundary with No. 8; Flood Risk Issues with no FRA provided; Foul Drainage and the position of the main foul sewer which runs through the front gardens of the properties on this side of Perwick Road. These concerns apply to the Ref: 23/00470/B application only, and are not considered as part of this proposal because no planning permission for the development of the adjoining No. 9 site currently exists and the relationship of the replacement dwelling should be treated as being next to garden land.
6.14 The applicants for the Ref: 23/00470/B planning application, in connection with the replacement dwelling application at No. 8, commented that they do not oppose the re- development of No. 8, but wish to ensure their amenities are protected and their intention to build at No. 9 is known and will be taken into account before a decision on the application is made. They, nevertheless, express concern that the entrance hall, would afford straight views onto No. 9 Perwick Road via the courtyard, and that the design of dwelling would result in the view from and the light falling into the courtyard from the side being affected.
6.15 The concerns raised by the No. 9 applicants that the courtyard to the west side of No. 8 could be subject to light loss by a new dwelling at No. 9 which could result in an adverse impact on the living conditions of future occupants of the No. 8 replacement dwelling, are however, noted. This is because they relate to the replacement dwelling application and were submitted as a third party representation to it in the specified time-frame. From an examination of the neighbours' comments it is noted that the full-height side facing window would afford a restricted view of the No.9 plot. However, this would be a restricted view only whether the No. 9 plot is developed or not. The concerns raised by the neighbours are not considered to be of such merit as to warrant a refusal of planning permission for the replacement dwelling at No. 8.
6.16 In respect of the impacts of the open first floor balcony area to the rear of the dwelling at first floor level, which would overlook the decking at ground floor level of the new No. 9 dwelling, it is noted that this decked area to the rear of No. 9 reflects the existing situation at the rear of the No. 10 dwelling, which has decking/balcony area at a similar level. In terms of the impact on the adjoining proposed new dwelling at No. 9 Perwick Road, this rear balcony area to serve the replacement No. 8 dwelling would be set one storey higher than the rear balcony area serving this new dwelling and would provide opportunities for observation of both the decking and rear garden area of the No. 9 dwelling. In terms of observation it would be a case of see and be seen, and whilst the applicant's for the new No. 9 dwelling have not complained about this proposed arrangement, the applicants for the No. 8 replacement dwelling have with regard to No. 9. In both cases, it is considered that the occupants of both dwellings would benefit from a balcony/decking arrangement with views out across the Golf Course towards the sea, and to discriminate in favour of one design against the other on the grounds of overlooking/loss of privacy is considered to be inappropriate when in reality the benefits to the occupants of each individual dwelling are considerable in relation to the outward views available to their respective occupants. They both have a highly favourable rear view and it is considered that the advantages of this for the future occupants of each development would minimise any harm that may arise from overlooking. On balance, the impact on the amenities of occupants of neighbouring dwellings, both existing and proposed is considered to be acceptable and meets with the provisions of Policy GP2 of the Isle of Man Strategic Plan (2016).
6.17 It is noted that the windows to be inserted in the front elevation of the replacement dwelling facing the road to the north-west would serve a ground floor and first floor bedroom. These windows are approx. 30m from the frontage of the dwelling at 'Aleph', Perwick Road, which lies directly opposite the site. It is considered that this distance, particularly as it is across a public highway, is sufficient to ensure that the new bedroom windows would not result in an adverse impact on the privacy of occupants of this dwelling.
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Highway safety 6.18 The Department of Infrastructure Highway Services has indicated that: "the proposal raises no significant road safety or highway network efficiency issues, accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements including visibility splays to accord to Drawing No. 281/P/001/ Rev A." On this basis, it is considered that, on their own, the proposed alterations would be acceptable.
Other Matters 6.19 It is noted that there is a minor surface water flood risk to the north east of the site. Given the occupation of the site by an existing dwelling, and the proposal to replace the dwelling, there would in principle be no change in the quantum of development affecting the site, and the proposal is considered to be acceptable in this regard. No Flood Risk Assessment is, therefore, required of the applicants.
Biodiversity 6.20 The comments received from the DEFA Biodiversity Team advise that care should be taken at the development stage as there is a potential impact on the adjoining land forming the edge of the Golf Course where the land forms part of the habitat for Speckled Bush Crickets which are a Protected Species under the Wildlife Act 1990.
7.0 Summary 7.1 As the site lies within an area designated for residential use, there is no objection to the principle of the demolition of the existing dwelling and bearing in mind the varied streetscene, there is no objection to a slightly different and/or taller or larger building provided that this still sits comfortably in the streetscene, as it is the proposed replacement dwelling would be no higher than other dwellings in the street namely, 6 and 10 Perwick Road, and the propose dwelling on the site No. 9 Perwick Road.
7.2 The proposed replacement dwelling would be larger than the existing dwelling in terms of its scale, massing and overall architecture - which is contemporary in style. However, it is not considered to be unacceptable in the streetscene. The proposed development would be suitable for this site, which is emphasised by the contextual elevations and streetscene images provided by the applicant's in their submission, and a comparison of it with existing dwellings at 1 to 8 Perwick Road. These adjoining dwellings are characterised by low-rise detached units with garden areas front and rear that are commensurate with the size, scale and massing of the individual dwellings/development, thereon, and this is reflected in the amended details provided by the applicant.
7.3 The replacement dwelling when compared with the existing dwelling, would add quite a bit to the plots coverage with an emphasis on built form. However, the amended plans show more room for landscaping at the expense of hard surfaced outdoor elements - for the sunken sitting area; planted area; and, potential sauna and plunge pool; externally to aid softening of the mass and extent of the built form and to help assimilate the development into its surroundings. The proposal would represent in an acceptable development of the plot which whilst different to other dwellings, would not be unacceptably out of keeping with the surroundings. As a result, its design and visual impact on its own, as well as the impact on the character and appearance of the streetscene, are considered to be acceptable.
7.4 In terms of its impact on the amenities enjoyed by occupants of adjoining residential properties, it is considered that the presence of the upper storey element of the new dwelling and sloping side wall closest to No. 7 which surrounds the first floor balcony/sitting out area would not result in an overbearing outlook when viewed from the side living room window and conservatory at No. 7.
7.5 The comments received from the applicants for the proposed dwelling on the adjoining plot at No. 9 Perwick Road (See PA Ref: 23/00470/B), which is currently the side garden serving No. 10 Perwick Road, located directly adjacent to the sites SW boundary, are noted. As
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this adjoining site is currently a garden without any planning permission for residential development via the erection of a dwelling, some weight is attributed to the concerns raised in respect of the impacts the design of the replacement dwelling could have for its enjoyment by future occupants. However, they do not amount to a valid reason to withhold planning permission.
7.6 There would be no adverse impacts on the amenities of occupants of 'Aleph' or the dwellings either side of this property located directly across Perwick Road from No. 8. The proposed works to widen the existing vehicular access onto Perwick Road to serve the replacement dwelling would be acceptable in highway safety terms.
8.00 CONCLUSION 8.1 The application is recommended for approval.
INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
9.2 The decision-maker must determine:
9.3 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: 04.09.2023
Signed : H LAIRD Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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