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23/00466/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00466/B Applicant : Mr Michael Taylor Proposal : Erection of a summer house (retrospective) Site Address : 3 Peveril Road Peel Isle Of Man IM5 1NU
Planning Officer: Mrs Vanessa Porter Photo Taken : 13.07.2023 Site Visit : 13.07.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.08.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason. Overall the proposal is a shed which will be seen within the context of the existing locality which is residential, as such the impact would be minimal. The proposed shed will not be increasing any impacts to the neighbouring properties above and beyond what is in place and as such the proposal complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 31st May 2023; o Location Plan o Floor Plan and Elevations o Site Plan and Elevation
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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): Owner - No.1 Peveril Avenue Occupier - No.5 Peveril Avenue
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as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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): Owner - No.5 Peveril Avenue as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of 3 Peveril Road, Peel, which is a mid-terraced property situated to the North West of Peveril Road. The property is three stories high with an enclosed garden to the rear elevation.
1.2 To the North East (No.5 Peveril Road) there is a solid boundary wall treatment and to the North West (No.1 Peveril Road) there is a low fencing boundary treatment.
THE PROPOSAL
2.1 The current planning application seeks approval for the erection of a flat roofed shed to the rear elevation measuring 3m by 3m, with a 0.95m overhang to the front elevation, the shed has an overall height of 2.75m.
2.2 To the front elevation are a pair of double doors and to the Western elevation is a window.
PLANNING HISTORY
3.1 Any previous applications are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" under the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
REPRESENTATIONS
5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and state they have no Highways Interest. (14.06.23)
5.3 No comments have been received by Peel Town Commissioners at the time of writing this report.
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5.4 Comments were sought from the Assistant Registered Buildings Officer who raised no objections to the proposal. (12.07.23)
5.5 The owner of No.5 Peveril Road, have written in to object to the proposal on the basis that the view has been removed and that the proposal alters the valuation of the property. (27.06.23)
5.6 The occupier of No.5 Peveril Road, have written in to object to the proposal on the basis of several items including the overall size of the shed and the removal of the view, due to the shed. (27.06.23)
5.7 The owner/occupier of No.1 Peveril Road, have written in to object to the proposal (27.06.23) on the basis that they feel overlooked within both their garden and their property. A site visit was undertaken of which access wasn't available, as such additional information and photos were requested and provided on the 25.07.23 & 26.07.23.
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST
6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 The proposed works are a shed to the rear elevation, generally the proposed shed cannot be seen from a public vantage point and whilst views may be awarded from either Gib Lane or Peel Promenade, these views will be read in accordance with the environment, which is residential and as such any impacts from the proposal would be minimal.
6.2.3 It is especially noted that no objection has been raised by the Assistant Registered Buildings Officer.
6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.
6.3 CHARACTER AND APPEARANCE
6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. As stated above the proposal is for a shed with the rear garden of a residential property, outside of a Conservation Area, there are certain Permitted Development for sheds within a rear garden, which suggests that there is a certain tolerance of what would be deemed acceptable.
6.3.2 The proposed shed within this application has a floor space of 9sq m, and has been designed to fit within the space provided to the applicant.
6.3.3 Overall the proposal is deemed acceptable by terms of its form, mass and design by providing a suitable shed for a residential property.
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6.4 NEIGHBOURING AMENITY
6.4.1 Turning towards the impact upon neighbouring amenity, and whether there is an impact from the proposal, especially when noting the objections from the neighbouring properties.
6.4.2 Firstly it is clear that both neighbours to either side state that the proposed shed is a large size, whilst this is the case the shed proposed, is less than the 15sqm in area and 2.8m in height allowed under Permitted Development, which if the proposal was outside of a Conservation Area, would fit within the sizing requirements with regards to floor area, as such overall the sizing is deemed acceptable.
6.4.3 With regards to the comments raised by No.5 Peveril Road by both the owner and the occupier of the property, these comments whilst noted are not an impact in which the Planning Application can be assessed upon, as such there is deemed to be no impact from a planning point of view upon the comments raised by No.5 Peveril Road. A comment from the occupier of No.5 has raised, is with regards to the size and the neighbouring walling. Having done a site visit it could be seen that the walling to No.5 is higher nearer to the main property and slopes downwards closer to the rear of the garden where the shed is situated. Whilst this is the case, the shed is at a height that a taller person could potentially see over, as such whilst it is taller than the existing wall, there proposal would not be adding any additional overlooking above and beyond than what is currently in place.
6.4.4 Turning towards the comments raised by No.1 Peveril Road, whilst a couple of issues raised are the same as No.5 Peveril Road and not a planning impact that can be assessed, comments have been raised with regards to overlooking into both the rear garden and the main dwelling. Firstly with regards to the rear garden, it is noted from the photographs received and the officers site visit, that the existing boundary treatment is low, in that, in most places within No.3 Peveril Road, views are awarded to the rear garden of No.1 Peveril Road. As such with regards to the garden, the proposal is not increasing any overlooking above and beyond what is currently in place.
6.4.5 With regards to the potential overlooking towards the main dwelling. Overlooking within terraced properties such as this, is quite high, mainly due to the orientation of properties and the overall height of the properties themselves. Whilst this is the case, having seen the photos from the neighbouring property, and having seen the shed from the neighbouring property No.5 Peveril Road the proposal would not be increasing any overlooking above and beyond what is already in place.
CONCLUSION
7.1 The proposed shed is deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
INTERESTED PERSON STATUS
8.1 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;
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(e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land 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.
8.2 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: 04.08.2023
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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