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20/01071/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01071/B Applicant : Mrs Sharon Glaister Proposal : Erection of decking and installation of decking (retrospective) Site Address : 19 Laurys Avenue Ramsey Isle Of Man IM8 2HE
Principal Planner: Mr Chris Balmer Photo Taken : 07.10.2020 Site Visit : 07.10.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.11.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Within one month of the decision notice the reduction of the decking area and the erection of a 2.2m high fence (measure from ground level of Nr 20) shall both to be completed as shown on drawing 02 REV A and retained thereafter.
Reason: In the interests of neighbouring amenities.
This application has been recommended for approval for the following reason. It is considered the proposal would be comply with the relevant policies (General Policy 2) of the Isle Of Man Strategic Plan and comply to the Residential Design Guide.
Plans/Drawings/Information; This approval relates to drawings reference numbers 01 received on 16th September 2020 and 02 REV A received on 4th November 2020. __
Interested Person Status - Additional Persons
It is recommended that the following persons 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 not mentioned in Article 6(4):
20 Laurys Avenue, Ramsey 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 SITE
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1.1 The site represents the existing residential curtilage of 19 Laurys Avenue, Ramsey which is a single storey detached property located on the southern side of Laurys Avenue. The property has a garden to the front and to the rear. The topography of the land is such that the floor levels of each dwelling along the street differ, for example the application site floor level is approximately 0.5m above that of Nr 20, but 0.5m lower than Nr 18 Laurys Avenue.
2.0 PLANNING POLICY 2.1 In terms of local plan policy, the application site is in area designated as Predominantly Residential under the Ramsey Local Plan Order 1998. The application site is not within a Conservation Area.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
2.3 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
2.4 Environmental Policy 35 states: "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 protected against inappropriate development."
2.5 Residential Design Guide - DEFA - March 2019
3.0 PLANNING HISTORY 3.1 There is a previous application on this site; however, none is considered relevant in the determination of this application.
4.0 PROPOSAL 4.1 The application seeks approval for the erection of decking and installation of decking (retrospective).
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4.2 The decked area has a width of 9.4m, a depth of 6.8m and a maximum height of 1m. The decked area extends almost the entire full width of the rear garden immediately up to the boundaries with Nr 18 and 20 Laurys Avenue; albeit there is a gap retained to Nr 20.
5.0 REPRESENTATIONS 5.1 Highway Services comment the application has no highway implications (09.10.2020).
5.2 Ramset Commissioners indicate no objection (23.10.20).
5.3 The owner/occupier of 20 Laurys Avenue, Ramsey have objected to the application which can be summarised as (13.10.2020): proposal has resulted in a loss of privacy given its installation right up to boundary fence; views of my windows within rear of property and rear garden because of the raised decking; and has created a unacceptable loss of privacy in my house and garden.
6.0 ASSESSMENT 6.1 The key issues relate to the potential impacts upon neighbouring properties. The neighbouring properties most likely to be affect would be Nrs 18 and 20 Laurys Avenue. The likely issues are potential overlooking from the raised terrace. There was an initial concern of this impact to these neighbouring properties; and after visiting the site and Nr 20 Laurys Avenue this cause was increased.
6.2 It was noted in terms of the impact upon Nr 18 it was noted that there was existing boundary fencing which would prevent any views from the raised decking into the neighbours garden/rear windows; and also given the ground level/floor level of Nr 18 is above that of the application site.
6.5 In terms of the impact upon Nr 20 there are potential for greater impacts, compared to those upon Nr 18 in that the ground/floor levels are greater on the application site than at Nr 20. Therefore whilst there is a timber fence this has a height of approximately 1.3m when measure from the adjacent decking level to the top. Therefore views when stood on the decked area are achieved directly into the rear conservatory and living room window and downwards into the rear garden of Nr 20. This cause significant concern, especially given the decked area runs immediately up to the shared boundary with Nr 20. This result in a significant amount of overlooking to the detriment of the residential amenities of the neighbouring property (i.e. loss of privacy) and therefore the development represents an unneighbourly development.
6.6 However, after discussions with the applicants of these concerns, it was suggested that if the proposal where to reduce the decked area away from the boundary and/or increase the existing fence line by approximately 200mm this would overcome the concerns. The applicants agreed to this and amended plans have been provided, albeit do not show the increase of the fence. This should be conditioned. Accordingly, the application is considered acceptable as these would prevent overlooking and would not have an overbearing impact to warrant a refusal.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would be comply with the relevant policies (General Policy 2) of the Isle Of Man Strategic Plan and comply to the Residential Design Guide therefore it is recommended that the application be approved.
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);
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(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 : 23.11.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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