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Mr. A. Johnstone, Planning Appeals Administrator, Crown Division, Chief Secretary's Office, Government Offices, Douglas, IM1 3PG.
bun-troggalys - plannal as gurneil troggal Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. email: [email protected] Tel: (01624) 685901 Fax: (01624) 686443 Director of Planning & Building Control Michael Gallagher MRTPI.
Date: 29th September 2011 Your Reference: AP11/0123
Dear Mr. Johnstone,
Please find a statement that set out the position of the Planning Authority in respect of the above planning application.
The statement comprises of two parts:
a copy of the case officers report that assessed the proposal and recommended that the planning application be refused. This was considered and accepted by the Development Control Manager on 15th September 2011.
a set of suggested conditions in the event that the appointed Planning Inspector is minded to recommend that the application be approved.
If you have any queries, please do not hesitate to contact me.
Yours sincerely,
Ian Brooks BA(Hons) DipTP MRTPI Planning Officer
Department of Infrastructure Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
Application No.: 11/00991/B
Applicant: Mr & Mrs James Stephens
Proposal: Alterations, extensions and conversion of former Boarding House to a single dwelling
Site Address: 12 Derby Square Douglas Isle Of Man IM1 3LS
Case Officer: Mr Ian Brooks
Photo Taken: - Site Visit: - Expected Decision Level: Officer Delegation
| James Cottage 3 James Place Douglas Isle Of Man | Objects to the proposal | | --- | --- | | 12 Derby Square Douglas Isle Of Man IM1 3LS | Interest expressed |
Consultee: Highways Division
Notes: Do not oppose
Consultee: Douglas Corporation
Notes: No objection
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 similar structure in it place. The extension will also include roof terraces over the garage and over the 2 storey part of the extension. The existing two storey outbuilding will be retained and linked to the main building by a glazed link.
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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 and uPVC casement windows to the rear of the property.
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 has been a previous application for the site, which is considered relevant in the consideration of this application.
10/01719/B - Alterations, extensions and conversion of former Boarding House to a single dwelling refused on 24th August 2011.
The reason for refusal was as follows: 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:
Douglas Corporation and the Highways Division of the Department of Infrastructure do not oppose the application.
The occupiers of No. 13 considers this application is great improvement over the old application (10/01719/B) and have no further objection to make. However, they are concerned with some of the detailing of the application which are as follows:
The new plans do not take accurately into account the existing situation between 12 and 13. There is a L-shaped pillar whihc borders the northeast corner of the courtyard of 13 and which is attached to the upper storey of the mews at 12. This feature is not indicated in the new plans. The occupier of No. 13 is concerned that it will not be disturbed and that it be incorporated into the application.
There is another pillar in the southeast corner of the courtyard at 13. Galvanised steel railings are already installed between the two pillars and between the southeast pillar and the annex of the main house at 13. They concern is that railings of the same type be used on the dividing wall between the two houses, i.e. on the north side of the courtyard at 13 so the courtyard is eventually surrounded on all three of its open side by railings of the same description. They request that the owner of 13 be allowed to install the railings on the dividing wall as soon as possible.
The owners of No.11 Derby Square have comment the plans submitted retain the footprint of the original building and are completely aligned with the architectural style of the neighbouring properties. The rear extension in this plan also maintains the same height as the existing extension, which they are delighted to see. This plan would not obstruct any of their terraces or views and would add to the value of their property.
ASSESSMENT
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.
LAND USE
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.
VISUAL AMENITY
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 on the front elevation, 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 restrictions 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 enhance 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
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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 rear extension will project beyond the rear elevation of the rear outrigger of No. 13 Derby Square, apart from a glazed link extension from the outrigger to the existing outbuilding. The glazed link extension will be set 4.7 m away from the boundary of No. 13 Derby Square. The glazed link will not result in any significant harm to the residential environment of the neighbouring property in terms of overshadowing and overlooking.
However, the application is proposing to create a roof terrace between the extension to the main building and the outbuilding to the rear of the property. It is proposed to erect decorative railings along the boundary wall of the neighbouring property of No.13. The neighbouring property has a courtyard set 2 m below the proposed terrace level. The application does not propose to erect any screen along the boundary; this will result in the occupiers of the application site being able to overlook the neighbour's courtyard and roof terrace. This is unacceptable as it will result in overlooking and loss of privacy.
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 three storey extension will project 5.4 m beyond the rear wall of the dwellinghouse of the neighbour's property and will be 1.7 m to the eaves and 2.8 m in height to the ridge when measured from the floor level of the neighbour's roof terrace on the two storey part of their extension. The structure will replace an existing three storey outrigger which abuts the neighbour's roof terrace. The height of the existing structure is 1.7 m to the eaves and 2.8 m to the ridge when measured from the floor level of the roof terrace. The nearest habitable windows to the proposed extension are set 1.4 m off the boundary. Since the three storey extension is a direct replacement of the existing structure, the proposal will have a neutral effect on the residential environment of No. 11 Derby Square.
The application is also proposing to erect a 2.3 m high boundary wall, as measured from the neighbour's garage roof terrace, and will project 4.5 m beyond the rear elevation of the outrigger of the neighbouring property. The proposal will result in overshadowing and loss of light to a habitable room on the 1st floor of the rear outrigger at No. 11 Derby Square. The proposed wall will be visible from the roof terrace of No. 11 Derby Square. Due to the projection and the height of the extension, it is considered the proposed extension will be overbearing and visually intrusive.
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 adjoin 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
The proposed ground floor roof terrace 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, and height in that it would result in demonstrable harm to the residential environment of No. 13 Derby Square in terms of overlooking, and loss of privacy.
The proposed boundary wall 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 demonstrable harm to the residential environment of No. 11 Derby Square in terms of overshadowing, loss of light, 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: 5 September 2011
Signed: ______________________________
Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed: ______________________________ Jennifer Chance Development Control Manager
1 September 2011
11/00991/B
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Part 2. Suggested conditions
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