Planning Officer Report

Planning Officer Report And Recommendations {{table:11159}}

Officer's Report

The Site

1. The application site is the residential property of 19 Rideway Road. The application site is in an area zoned as "Predominantly Residential" identified on the Onchan Local Plan 2000.

Proposed Development

1. The application seeks permission to demolish an existing garage, minor elevational changes to openings, and carry out roof alterations to an existing two storey outrigger to create a roof terrace.

Planning Status And Relevant Policies

1. 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 and Paragraph 8.12.1

1. In addition to this, the relevant planning policy from the Onchan Local Plan 2000 is O/RES/P/21

1. Policy O/RES/P/21 states that "Extensions and alterations to existing residential property will generally not be opposed where such proposal are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."

Planning History

1. There are no previous planning application considered material in the assessment of the application:

Representations

1. Onchan District Commissioners recommend that the application be refused for the following grounds: "The proposals would adversely affect the amenity of local residents and create an undesirable precedent for future developments."

1. Highways Division do not oppose as it has no adverse traffic management, parking or road safety implications.

1. Isle of Man Water and Sewerage Authority have no objections subject to conditions.

Assessment

1. The principal issues in assessing this application are: a) the impact of the proposal on the neighbouring properties and b) the impact of the proposal on the streetsceene. The following

paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.

Impact On Neighbouring Properties

1. In respect of the impact on the residential environment of No.17 Rideway Road, the application site is set to the east of the neighbouring property. The neighbouring property has a two storey outrigger with a single storey garage running along the boundary of the application site. The existing two storey outrigger does project beyond the two storey outrigger of the neighbouring property. The roof terrace will have a 1.1m wall with 700mm high glass screen. Any views towards the neighbouring property would be onto the roof of the neighbour's outrigger. The proposal will not result in any undue harm in terms of overlooking and loss of privacy.

1. In respect of the impact on the residential environment of No.21 Ridgeway Road, the application site is set to the west of the neighbouring property. The proposal will increase the height of the building from 5.7m, when measured to the eaves, to 7.5m to the top of the glass screen. However, the height of the flanking wall will be 6.9m. The outrigger is on the northern side of the dwellinghouse. The existing habitable windows of the property are currently in shadow. This proposal will increase the overshadowing effect to a some degree but not to a degree to warrant a refusal. The existing outrigger also has an overbearing effect onto the neighbouring property. The small increase in height will increase this effect; however, not to a degree to warrant a refusal.

1. In terms of overlooking of No.21 Ridgeway Road, the applicant has provided opaque glass screen to prevent any views of the neighbouring property to occur. It is considered this measure will prevent any overlooking and loss of privacy from occurring.

1. In respect of the impact on residential environment of No.42 The Park, the neighbouring properties is located to the rear of the application site but separated by a service lane. The proposed roof terrace would be set approximately 10m away from the rear boundary of No.42 The Park. The terrace will be screened to a height of 1.8m. The proposal will not result in any significant overlooking and loss of privacy to the occupiers of No.42 The Park.

1. The proposal does create a larger area that could be used for outdoor socialising. There is some concern that this would give rise to noise and disturbance to the detriment of neighbouring amenity. The use of any garden could give rise to noise nuisance and this is to some extent dependent upon the person utilising it. There exists other legislation that could control any late night noise and persistent noise can be dealt with under the Environmental Health Acts. I am also mindful of the number of times a year that the outdoor area could be used given the clemency of the weather on the island, although this would need to be balanced against the fact that this is also the times that others would wish to use their gardens and have windows open. The application is likely to give rise to some impact on residential amenity, but on balance an approval is recommended.

Impact On The Street Scene

1. In respect of the impact on the streetscene, the proposed works are set to the rear of the property and will not be visible from Ridgeway Road. The proposal will not adversely affect the visual amenities of the locality.

Recommendation

1. It is recommended that planning permission be granted subject to conditions in the attached schedule.

Party Status

1. The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

1. 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.

1. The Isle of Man Water and Sewerage Authority have commented on non-planning matters and as such should not be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 24.11.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This permission relates to alterations, removal of a garage, and roofing work to create a roof terrace as shown in drawing numbers CU/2/11 date stamped 8th August 2011 and CU1/11a date stamped 12th October 2011.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 19 December 2011

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager