DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00983/B Applicant: Mr Henri Konstain Proposal: Enclosure of external yard area to form covered utility space Site Address: 50A Allan Street Douglas Isle Of Man IM1 3DN Planning Officer: Mr Hamish Laird Photo Taken: 07.09.2023 Site Visit: 07.09.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.10.2023

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. This application is considered to comply with General Policy 2 of the Strategic Plan and Residential Design Guide July 2021.

Plans/Drawings/Information; This approval relates to the documents and plans date stamped as having been received on 23 August 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 mentioned in Article 6(4):

52 Allan Street, Douglas, IM1 3DN

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 50A Allan Street, Douglas, a two-storey midterrace dwelling located on the north side of Allan Street, close to its end with Orry Street. The house has an enclosed rear yard accessed from the alley to the rear of the property. The property is located within the built-up area of Douglas.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the enclosure of the rear external yard area to form a covered utility space.

3.0 PLANNING HISTORY - 3.1 None.

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 General Policy 2 (b), (c), (g), (m), (n)
• o Paragraph 8.12.1
• o Community Policy 7 and 10

PPS and NPD

4.3 There is no Planning Policy Statement or National Policy Directive relate to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) contains the following guidance that are considered materially relevant to the assessment of this current planning application:

• o Section 4.0 Householder extensions - general considerations: "4.1.5 The main design elements that should be considered include:
• o the relationship to the original part of the building including materials, design and detailing (such as window materials and proportions);
• o the relationship with adjoining properties-including the building line, roof line, orientation, and the slope of the site;
• o the pitch, shape and materials of the original roof including the presence of original dormers and chimneys; and
• o the impact of the alterations on the living conditions of future occupiers-consideration of loss
• of private amenity, external space, and impact on issues such as bin storage. For example, an extension should not lead to a situation where there is no amenity or where bins are left on roads/lanes as a result.

4.1.6 All extensions and alterations, particularly those incorporating modern design approaches, should be considered holistically with the original/main building and its setting in the landscape/townscape to avoid an awkward jarring of materials and forms. However, well judged modern designs using contemporary and sustainable materials will be welcomed, as the Department does not wish to restrict creative designs where they can be integrated successfully into their context. Such approaches, where well designed, can serve to both improve the sustainability of buildings and significantly improve the appearance of buildings to the general benefit of the streetscene."

6.0 REPRESENTATIONS - 6.1 Douglas Borough Council (4.9.23) comments:

"Our waste services management team have now had the opportunity to review this application and we would kindly ask if the applicant could clearly identify where their bin and recycling storage area will be and where it currently is. We need to ensure that any new development will not have a negative effect on the existing bin and recycling storage or lead to bins being stored on the highway. As soon as we have this information we will review the proposed development."

6.2 DoI Highway Services states there is no highway interest in this application (1.9.2023). - 6.3 One letter of representation has been received (31.8.23) from the occupants of 52 Allan Street (submitted by both email and on-line via the DEFA website). The writer states in the email:

"Good afternoon

Following a letter on the 25th of August 2023 I am writing to make a comment to reject the plans. This enclosure is going to be built onto my owned wall. I am wanting to interject this proposal for the following reasons;

• 1) if building onto my wall it will be attached into my wall and in the future I could have serious damp issues into my utility and kitchen.
• 2) They will be attaching to my boundary wall which is not a garden wall it forms the structure of my property. As my property was built in 1886 a structural engineer will need to confirm whether my structure has been built in block or manx stone and would it withstand adjoining to my wall which I do not want to proceed with. I am happy for them to build within their property boundaries without attachments to my wall. Thank you for accepting my comments and I am happy to provide my land register boundaries." The writer states online via the DEFA website): "I live next door and after looking through proposal and drawing I object the plans. This is due to the proposed extension to the property will be attached to my wall.

Due to my house being manx stone this will damage the stone as well as cause damp issues in the future without the correct drainage.

The manx stone was cemented using a particular cement which if it got wet will crumble and there is a high probability this can happen in the proposed Renovations.

If the above happens this will also cause damp problems in my kitchen and utility. I own the wall and this can be seen on the land register.

I have no problems in this being built and finishing on their property boundary but not touching my boundary and wall.

The above I hope gives sufficient evidence of rejection of this proposal."

7.0 ASSESSMENT - 7.1 This application proposes the roofing over and enclosure of the existing rear yard serving this 2 storey terraced dwelling, which would utilize the existing rear pedestrian access. In terms of its impact on the character of the streetscene, there would barely be any discernible difference between the visual aspects pre and post development. - 7.2 In respect of the amenities of occupants of attached neighbouring dwellings, the roofing over of the rear yard would have no discernible impact in respect of loss of outlook from/light to neighbouring dwellings. The development would not appear as overbearing to neighbouring residents. - 7.3 The comments received from the neighbour at No. 52 Allan Street are noted. Land ownership is a civil matter in this regard, and the applicant would need to ensure that any consent required from either neighbour is received prior to the commencement of any works of either demolition or development. - 7.4 The comments received from Douglas Borough Council are noted, however, the development should not result in any changes to existing bin collection arrangements. - 7.5 Considering the development would be carried out at the rear of the property, it would not adversely impact on the character of the street scene or neighbours amenities.

8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan and Residential Design Guide July 2021. An approval is recommended.

9.0 INTERESTED 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: 12.10.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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