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Application No.: 18/00974/B Applicant: Mr Christopher Winchester & Miss Katrina Welch Proposal: Replacement of existing garage with new garage and attic playroom Site Address: 10 Victoria Avenue Onchan Isle Of Man IM3 1BD Planning Officer: Mr Nick Salt Photo Taken: 02.10.2018 Site Visit: 02.10.2018 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 19.10.2018 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The height of the proposed garage, and the balcony on the south east, would result in overlooking and loss of privacy to the rear of No.8 Victoria Avenue thus damaging the residential amenity of the occupants. For this reason the proposal is contrary to the Isle of Man Strategic Plan 2016, General Policy 2 and paragraph 8.12.1. - R 2. The height, size and form of the proposed garage would result in overdevelopment of the site and would therefore harm both the character and appearance of the site and wider area. For this reason the proposal is contrary to the Isle of Man Strategic Plan 2016, General Policy 2 and paragraph 8.12.1. _______________________________________________________________
1.0 SITE - 1.1 The site is the residential curtilage of 10 Victoria Avenue, Onchan. - 1.2 Victoria Avenue is characterised by two terraced rows of two-storey dwellings with bay windows, painted render and grey tiled roofing. The street slopes at a medium gradient downwards facing east, with partial views of Douglas Bay. The properties on the street feature long and narrow rear garden areas extending out towards a gravel access lane. Many of the properties have sheds and garages in the rear gardens.
1.3 Number 10 follows the same pattern, with a rear flat roofed extension on the property and corrugated tin cladding garage with double door entrance and a pitched roof. The current garage measures roughly 6 metres long by 3 metres wide. Avondale Court Shopping Centre backs on to the rear of the property.
2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the existing tin fabricated garage with a new garage and playroom over two floors. - 2.2 The ground floor would feature a parking space for one vehicle, following a similar square footage to the neighbouring garage of Number 12. The footprint of the proposed garage would measure 6.3 metres long and 5 metres wide at the widest point. On the first floor, an attic playroom is proposed, with a pitched slate roof and velux rooflight. - 2.3 Access to the garage and store on the ground floor would be via either a double 'up and over' garage door on the north east elevation opening onto the access lane, a single pedestrian door adjacent to this, and an opaque glass double door at the south west elevation opening into the garden of the property. Access to the first floor playroom would be via external stairs and a glazed frosted glass door at the south east side of the garage, with an opaque glass balustrade 1.6 metres high at the stair end and 1.1 metres high at the rear of the garage. - 2.4 The external finish of the garage would be painted render and the total height would measure 5.25 metres, sitting 2.2 metres below the roofline of the main dwelling.
3.1 Previous alteration on the site dwelling was approved in 2003; 03/01349/B - Installation of uPVC windows to the front elevation of 10 Victoria Avenue - APPROVED. - 3.2 Also in 2014; 14/01006/B - Alterations and erection of an extension to the rear elevation of 10 Victoria Avenue - APPROVED. No objections to this development were submitted, and no major concerns raised by the case officer's assessment.
4.1 In terms of local plan policy, the application site lies within an area zoned as Predominantly Residential under the Onchan Local Plan 2000. - 4.2 The Isle of Man Strategic Plan 2016 contains one policy that is considered specifically relevant to the assessment of this current planning application:
"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:
4.3 It is also important to have regard to paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 which states:
"As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing
property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general"
5.1 Highways Services requested that the application be deferred in order for the applicant to submit amended plans. The issues raised were access from the rear lane and obstruction for a garage door, and the smaller size of the garage which could accommodate a car but not to the specifications of the Manual for Manx Roads and Isle of Man Strategic Plan 2016. - 5.2 Onchan Commissioners recommended that the application be REFUSED on the following basis: "New garage not in keeping with the existing streetscape and balcony terraced area would cause loss of privacy."
6.1 Given the scale and nature of proposed development, there are three key issues to consider in the assessment of this planning application. Firstly, it is important to consider the impact of the development on the residential amenity of Nos. 8 and 12 Victoria Avenue. Secondly, the impact of the development proposed on the character and appearance of the main dwelling and, finally, the impact of the proposal on parking in the area. - 6.2 8 Victoria Avenue sits lower on the natural slope of the street than the site, and the boundary wall between the two properties appears as 2 metres tall from number 8. The proposed new garage would sit almost flush with the boundary between the respective curtilages. The installation of a balcony to the south east elevation of the proposed garage poses the risk of overlooking into the grounds of No.8. This risk forms part of the recommendation for refusal by Onchan District Commissioners. However, it is somewhat limited by the fact that direct overlooking would only be towards the parking/driveway area and part of the garage of No.8, with minimal impact on the rear garden itself. Secondly, the statement submitted with the planning application acknowledges this risk and seeks to minimise it further by the use of opaque glazed balustrade to above eye level to a height of 1.6 metres at the area facing No.8. Furthermore, the balcony dimensions of roughly 1.6 metres wide and 3.7 metres long, reduces the likelihood that usage will be by large groups for prolonged periods - although overlooking from the balcony is still a risk given its location. Any risk of overbearing is also reduced given the layout of both No.10 and No.8 as stated. - 6.3 With regard to No.12 Victoria Avenue, the risk of overlooking and loss of privacy is unlikely to pose as much of an issue. There are no apertures proposed for the north west elevation facing this property minimising any such risk. In terms of overbearing effect, the proposed garage would be taller than that of No.12 by around 1.1 metres. Given the use of the building as a garage and its location behind the terraced row of houses , this is not a sufficient reason in itself for refusal. - 6.4 The presence of the terraced main buildings and several outbuildings in the area already contributes to some degree of overshadowing at present. Some overshadowing may occur on the garden of No.12 due to the height of the proposal. However, given its positioning and angle, this is likely to be only during the early morning period in a section of the garden closest to the garage of No.12. - 6.5 The character and appearance of the main dwelling is likely to be affected by the proposal. The design is modern and of a differing style to the dwelling, but plans do show the use of matching render and roofing to the main building. Again, this would not be reason on its own to refuse the application. Furthermore, the roofline would sit below that of the main dwelling, thus restricting its visibility from Victoria Avenue entirely. The access lane to the rear does not receive heavy use and is in very poor condition. However, the height of the proposed garage is a cause for concern and would sit much higher than adjacent garages and look out of form with the existing house. A single storey garage is unlikely to cause such issues, but the addition of a second storey could be seen as a case of overdevelopment of the site.
6.6 The current garage does not appear to be used as a parking space. As the proposal would include a parking space in the ground floor with direct access to the rear lane, it is possible that its usage will increase. This in turn would comply with GP2 (h) and subsequently (i) in reducing the demand for on-street parking and thus preventing any unacceptable effect on highway safety. DoI Highways concerns regarding the size of the garage are noted but it is regarded that 5.8m is sufficient length for the garage parking space. Despite this, it is recognised in the Manual for Manx Roads that around 75% of garages are not used for parking vehicles and there would be no guaranteed reduction in on-street parking. - 6.7 With regard to the highways concerns surrounding rear lane obstruction from the garage door, a roller door could be installed which would mitigate against this.
7.1 In summary, the proposal does give some cause for concern regarding potential overlooking into the grounds of 8 Victoria Avenue, and overshadowing into No.12. This is, however, regarded to be relatively low impact. The key issue is the overdevelopment of the site and the size of the proposal relative to the main dwelling and adjacent garages. When combined with the risk of overlooking and loss of privacy on No.8, the proposal is unacceptable on balance and recommended for refusal. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
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.
Decision Made : Refused Date: 25.10.2018 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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