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The application site is No.12 Derby Square. The site is zoned as predominantly residential within the Douglas Local Plan 1998. The site is located within a Conservation Area. To the north of the application site is no. 11 Derby Square and to the south is No.13 Derby Square.
This application is seeking permission for a change of use of a former Boarding House to a single dwellinghouse along with extensions and alterations.
This scheme is proposing to demolish the existing two/three storey outriggers and to build a two, four and five storey rear extension. The extension will also include roof terraces over the garage and over the 4 storey part of the extension.
The application also includes raising the roof of the building so as to create additional accommodation and a roof terrace to the front and rear of the property. Also uPVC sliding sash windows are proposed to be installed in the front elevation of the building.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policies 35 and 39, Paragraph 8.12.1
Environment Policy 35 states that "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protect against inappropriate development."
Environment Policy 39 states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
Paragraph 8.12.1 states that "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."
There have been no previous planning applications on the site.
Douglas Corporation and the Highways Division of the Department of Infrastructure do not oppose the application.
The occupiers of No.13 Derby Square are concerned about how the proposed development would impact on their patio in terms of daylight and amenity.
The owners of No.11 Derby Square have objected to the application on the following grounds: 1) the proposed renovations are not in keeping with the style of previous renovations to No.11 and No.13 Derby Square; 2) the proposed extension will significantly detract from the view from the upper terraces; 3) diminish the enjoyment and privacy of their terraces; 4) the changes will severely compromise the market value of their property.
The principal issues in assessing this application are a) Land use, b) Visual amenity, and c) Impact on residential environment. The following paragraphs deal with these issues in the above order.
The development is compatible with the land use zoning of the area, which is predominantly residential within the Douglas Local Plan. It is considered the principle of changing the use of the building into residential use to be acceptable in this locality; however, there are other material considerations to be taken into account in order to determine whether the proposed development is acceptable.
In respect of the impact of proposed works on Derby Square, the majority of the works are to the rear of the property and will not be visible from the public highway of Derby Square. The main aspects of the works that will be visible from Derby Square will be the replacement windows and the roof alterations.
In respect of the replacement windows, these are to replicate the style and method of opening of the existing windows. The replacement windows will be constructed out of uPVC. There are no restriction on the type of material that can be used within a Conservation Area. The replacement
windows will have neutral effect on the character and appearance of the Conservation area and the visual amenities of the street scene.
In respect of the proposed roof alterations, it is proposed to take off the existing dormer and re-establish a parapet line and form a pitched roof and to form a new setback dormer and roof terrace to match the neighbouring property of No.11 Derby Square. The height of the roof will not exceed the ridge height of No.13 Derby Square. There are many examples of the setback dormer and roof terraces within the street scene. The existing dormer is currently a dominant feature within the streetscene. The proposed alterations will make the facade more prominent in the streetscene. It is considered the alterations will be an enhancement to the character and appearance of the Conservation Area.
In respect of the demolition of the existing outrigger and the erection of a new extension, the application site is located in a Conservation Area; however, the proposed works are to the rear of building and will not be visible from Derby Square. The site is visible from a Bowling Green, which is located on the opposite side of a lane at the rear of the site. The extension has been designed to be sympathetic in appearance to the other rear outriggers, when viewed from the Bowling Green. I consider the proposed rear extension will not adversely affect the character and appearance of the Conservation Area.
In respect of the roof alterations, none of the other properties rear terraces with a screen wall or a glazed sloping dormer window. The other properties have either pitched roof dormers or flat roof dormers. The proposal is certainly at odds with the other properties when viewed from the Bowling Green. The alterations would not be overly prominent within the locality unlike other dormer windows on neighbouring properties. It considered the proposed roof alteration to the rear would not adversely affect the character and appearance of the Conservation Area.
In respect of the impact on No.13 Derby Square, the application site is set to the north of the neighbouring property. The proposed two storey rear extension will project beyond the rear elevation of the rear outrigger. The neighbouring property has a garden courtyard and a roof terrace. The height of the existing boundary wall to the courtyard is 2.7m. The application is proposing to increase the height of the wall to 4.7m. This will be very oppressive, overbearing and be visually intrusive, when viewed from the courtyard. The impact from the roof terrace is significantly less compared to the courtyard as the height of the wall, when measured from the terrace, will be 1.6m and 2.3m. The wall will have some impact on the roof terrace but not to a degree to warrant a refusal.
In terms of how the four/five storey rear extension will impact on residential environment of No. 13 Derby Square, the extension will not project beyond the rear elevation of the rear outrigger of the neighbour's property. However, the extension will project above the rear outrigger by creating a boundary wall. This wall will be 2m in height and will project 5.4m beyond the rear wall of the dwellinghouse of the neighbour's property. The nearest window to the boundary is set 600mm off the boundary of the application site. This window serves a landing. The nearest habitable window is set 3.7m off the boundary. The views from the landing and habitable rooms will be onto a blank wall which will be visually intrusive.
In respect of the impact on the residential environment of No. 11 Derby Square, the application site is set to the south of the neighbouring property. The proposed five storey extension will project 5.4m beyond the rear wall of the dwellinghouse of the neighbour's property and will be 8m to the eaves and 9.2m in height to the ridge when measured from the floor level of a roof terrace. This structure will replace an existing three storey outrigger which abuts a roof terrace on the neighbouring property. The height of the existing structure is 1.7m to the eaves and 2.8m to the ridge when measured from the floor level of the roof terrace. The nearest habitable windows to the proposed extension are set 1.4m off the boundary. Due to the orientation of the site and the projection and height of the proposed extension, the proposal will overshadow the neighbouring property and create a tunnelling effect to the rear windows of the dwelling. It is considered the proposed development
will result in demonstrable harm to the residential environment of No.11 Derby Square in terms of overshadowing, loss of light, being overbearing, tunnelling effect and being visually intrusive.
In respect of the impact of the two storey part of the extension on the residential environment of No.11, the proposed extension will project 6.3m beyond the rear elevation of the outrigger of the neighbouring property. The proposal will result in overshadowing and loss of light to habitable room on the 1st floor of the rear outrigger at No.11 Derby Square. The proposed extension will be visible from the roof terrace of No.11 Derby Square. The height of the extension, when measured from floor level of the roof terrace, will be 2.5m. Due to the projection and the height of the extension, it is considered the proposed extension will be overbearing and visually intrusive.
In respect of the proposed roof terrace on No’s11 and 13, each of the adjoining properties have roof terraces over garaging. The application is proposing to construct 1.4m wall beyond the rear elevation of the proposed two storey part of the extension. This proposed wall for the roof terrace over the proposed garage will be insufficient to prevent overlooking and loss of privacy from occurring.
One of the objectors has raised a concern that the proposed development will result in the devaluation of their property. This concern is not a material consideration when determining planning applications. The Planning Authority attaches no weight to this particular issue.
It is recommended that the application be refused for the above reasons.
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered “interested persons” and as such should be afforded party status.
The Highways Division is part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
The occupiers of No.11 and No.13 Derby Square have commented on planning matters and adjoining the application site. It is considered the occupiers of this property have sufficient interest in the application to be afforded party status.
Recommended Decision: Refused
Date of Recommendation: 15.08.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposed extension would be contrary to General Policy 2 and paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 by reason of its siting, design, projection and height in that it would result in:
1) demonstrable harm to the residential environment of No. 11 Derby Square in terms of overshadowing, overlooking, loss of light, loss of privacy, a tunnelling effect, being overbearing and being visually intrusive; and
2) demonstrable harm to the residential environment of No. 13 Derby Square in terms of overlooking, loss of privacy, being overbearing and being visually intrusive;
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made : Refused Date : 19 August 2011
Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : J. M. M. Lee Jennifer Chance Development Control Manager
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