DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/00549/B Applicant: Mr Christopher Winchester & Miss Katrina Welch Proposal: Erection of a detached garage with playroom above Site Address: 10 Victoria Avenue Onchan Isle Of Man IM3 1BD Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.07.2020 _________________________________________________________________

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. The living accommodation within the first floor of the garage hereby approved shall only be used in association with the main dwelling house "10 Victoria Avenue" and for purposes incidental to the use of main dwelling house "10 Victoria Avenue" as a single dwelling, for no commercial purposes and only in accordance with the internal layout shown on plan 2002-103 received on the 26th May 2020.

Reason: The dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.

This application has been recommended for approval for the following reason. Whilst the proposal introduces a building which would have the potential for a greater level of impact upon public and private amenities it is not considered the impacts are so significant to warrant a refusal. Accordingly, the proposal is considered to comply with GP2 of the IOMSP and the Residential Design Guide. Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers 2002-101 and 2002-103 all received on 26th May 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

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 The application seeks approval for the erection of a detached garage with playroom above. This would replace an existing parking area and a small section of garden to the rear of the dwelling. - 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. On the first floor, an attic playroom is proposed, with gable facing dormers to each side elevation, one with a small circular windows within and the other a small balcony area and a larger glazed section window including patio doors setback from the front of the balcony. - 2.3 Access to the garage and store on the ground floor would be via either a double roller shutter' garage door on the north east elevation opening onto the access lane, or bi-folding doors to the south west elevation opening into the garden of the property. Access to the first floor playroom would be via external stairs to the southwest at the rear of the garage.

- 3.0 PLANNING HISTORY

3.1 Replacement of existing garage with new garage and attic playroom - 18/00974/B which was refused on the following grounds: " 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."

3.2 Alterations and erection of an extension to the rear elevation of 10 Victoria Avenue 14/01006/B - APPROVED.

3.3 Installation of uPVC windows to the front elevation of 10 Victoria Avenue - 03/01349/B

- APPROVED.

- 4.0 PLANNING POLICY

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:

• (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;"

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"

4.4 Residential Design Guide July 2019 - Sections 4.7 & 7.0.

- 5.0 REPRESENTATIONS

5.1 Highways Services do not object and comment (23.06.2020): - 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."

- 6.0 ASSESSMENT

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 area. Thirdly, the impact of the proposal on parking in the area and finally the use of the accommodation. Impact of the development on the residential amenity of Nos. 8 and 12 Victoria Avenue - 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. It should be noted that the proposed building would site adjacent and parallel to the existing parking area to the rear of Nr 8. Furthermore, setback from this parking area is a detached flat roof garage which also serves Nr 8. Given the positon of the parking area, flat

• roofed garage and rear garden/dwelling of Nr 8 it is considered the proposed garage would not have an adverse overbearing impact upon the outlooks from this property.
• 6.3 It is also not considered that the proposal would result in a significant level of overlooking either. While there is a small balcony within the gable facing end dormer, it is very small and it is unlikely a person would be able to sit out on it, namely given the doors open out onto it also which restricts the majority of the balcony from being used. It is more likely the doors would be open to let fresh air in and create a more pleasant space when using the first floor accommodation. Further, direct views would be more orientated to the sea views beyond, while the neighbouring garages would also reduce the potential for direct overlooking into neighbouring gardens.
• 6.4 It is also noted that the new garage would be to the north of the garden and dwelling of Nr 8 and therefore no direct sun would be lost (suns orientation east to west).
• 6.5 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 is a single small circular window within the north west elevation, but it is not considered this would introduced a significant level of overlooking which does not already occur from the windows within the existing dwelling. Given the properties are terraces there is already quiet a high level of mutual overlooking in the area. It is also observed that the proposed garage would be sited adjacent to and run parallel with Nr 12 pitched roof garage. Again given the suns orientation, the position of the new garage in relation to the neighbouring property and the position of the neighbouring garage, there would unlikely be significant levels of light lost, perhaps only early mornings to parts of the rear garden of Nr 12. The majority of the day the proposal would not affect direct sunlight to the garden or dwelling of Nr 12. The proposal being larger would have a greater impact and potential increase the overbearingness. However, the outlooks from these properties are generally of gardens and garages to the rear. This would be the largest garage in the immediate area, but it is not considered it would have a significant adverse impact to warrant a refusal. The impact of the development proposed on the character and appearance of the area
• 6.6 The area is characterised by detached garages/parking areas which back onto the unadopted rear lanes which serves all the properties in the area. The proposal with pitched roof would be larger than other in the area, albeit its form appearance and finish would be in keeping. It is noted it is only slight taller than the garage at Nr 12. Overall, it is considered the proposal would be acceptable in terms of the character and appearance of the area. Impact of the proposal on parking in the area
• 6.7 Highway Services have considered the application and have raised not objection. The proposal would create a parking space for a single car which is similar to the current position. Use of the accommodation
• 6.8 The application is described as a playroom , albeit the proposed floor plans show a living room and a small kitchenette within it. It perhaps would be better described as ancillary accommodation. Its small size and access arrangements (via main dwelling and garden) are such that it is not considered it would or even could be used as separate accommodation (i.e. new dwelling) . However a condition should be attached which ensure this.

- 7.0 CONCLUSION

7.1 In summary, the proposal while introducing a building which would have the potential for a greater level of impact upon public and private amenities it is not considered the impacts are so significant to warrant a refusal. Accordingly, the proposal is considered to comply with GP2 of the IOMSP and the Residential Design Guide and therefore recommended for an approval.

- 8.0 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;
• (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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 21.07.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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