Refusal Notice 11/01283/B

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Kinrade Associates Limited 3 The Courtyard Water Street Ramsey

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Mr Mark Davenport Proposal: Alterations and erection of an extension to dwelling at: 50 Wybourn Drive Onchan Isle Of Man IM3 4AN

which was considered on 6th December 2011, for the reasons set out below.

Date of Issue: 6th December 2011

Murray House Mount Havelock Douglas

Reason(S) For Refusal:

The proposed development would be contrary to General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 in that:

1) it would introduce too many dormer windows onto the side of the property, which will result in them being a prominent and incongruous feature within the streetscene, and will be detrimental to the visual amenities of the locality; 2) the development would result in demonstrable harm to the residential environment of No.48 Wybourn Drive in terms of actual and perceived overlooking and loss of privacy and 3) the development would result in demonstrable harm to the residential environment of No.52 Wybourn Drive in terms of actual and perceived overlooking, loss of privacy, being overbearing and visually intrusive.

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

Guidance Note

The decision contained in this notice does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the Officer’s report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

Case Officer: Mr Ian Brooks Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The application site is the residential property of 50 Wybourn Drive, which is located on the western side of Wybourn Drive. To the northwest of the application site is the residential property of 52 Wybourn Drive and to the southeast is the residential property of No.48 Wybourn Drive. 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 for an extension to the rear of the property. The extension will project 5.9m to the rear and will be 10.1m in width. The height of the extension will be 6.3m to the ridge.

1. A dormer will be constructed in the new roof of the extension which will face towards No.48 Wybourn Drive. The dormer will set approximately 1.5m up from the eaves of the roof. The width of the dormer will be 5.6m and the height of the dormer will be 1.7m.

1. The second dormer will be constructed in the existing roof of the main dwellinghouse. This will be set 1.3m up from the eaves of the roof. The dormer will be 3.6m wide and will be 1.8m in height.

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. 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."

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

Application No.:	11/01283/B
Applicant:	Mr Mark Davenport
Proposal:	Alterations and erection of an extension to dwelling
Site Address:	50 Wybourn Drive Onchan Isle Of Man IM3 4AN

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 do not respect the site and surroundings in terms of scale, form and design.”

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.

1. The occupiers of No.48 Wybourn Drive have objected to the application on the following grounds: 1) the extension would obstruct light to their property, 2) overlooking and loss of privacy.

1. The occupiers of No.42 Wybourn Drive have objected to the application on the following grounds: 1) overlooking, 2) the size of the extension would be detrimental to the overall aspect of the neighbourhood.

1. The occupiers of No. 52 Wybourn Drive have objected to the application on the following grounds: 1) Overshadowing, 2) Overlooking and loss of privacy.

1. The occupiers of No.46 Wybourn Drive have objected to the application on the following grounds: the extension is not in keeping with the existing property and would be an eyesore for Wybourn Drive.

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 streetscene. 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.48 Wybourn Drive, the application site is set to the northwest of the neighbouring property. The proposed extension will be set 1.2m from the boundary of No.48 Wybourn Drive. A dormer is proposed to be installed in the roof of the extension, which will face towards the neighbouring property. The windows in the dormer will serve an en-suite and a dressing room. The applicants have indicated in a letter to the Planning Authority that these windows would be obscure glazed. However, the plans do not indicate the windows will be obscure glazed. The windows are also shown to be opening windows as well. The dormer will be set 2.2m away from the boundary and will set above the height of the boundary hedging. The proposal would result in actual and perceived overlooking of the adjoining property.

1. The application is also proposing erect a further dormer on the existing roof of the dwellinghouse. The window will not be obscure glassed and will look towards the neighbouring property of No.48 Wybourn Drive. The applicants have provided a photograph showing the potential view from the dormer looking towards a side window of a rear elevation. The proposal would result in actual and perceived overlooking.

1. Overall, it is considered the proposal will result in demonstrable harm to the residential environment of No.48 Wybourn Drive in terms of actual and perceived overlooking and loss of privacy.

1. In respect of the impact on No. 52 Wybourn Drive, the application site is set to the south east of the neighbouring property. The application site is set down approximately 800m from the

neighbouring property. There is a 1.5m high boundary fence running along the boundary between the neighbouring property and the application site. The proposed extension will be set 1.8m from the boundary. The extension will project approximately 1m above the boundary fence, when measured to the eaves, and will project 4.8m above the boundary fence, when measured to the ridge. The roof of the extension will slope away from the boundary. The dwelling and extension will project approximately 9.1m beyond the rear elevation of the main dwelling house of the neighbouring property. The proposed extension will be very visible from the rear garden of No.52 Wybourn Drive. The proposal will be visually intrusive and have an overbearing effect on their residential environment.

1. The application is also proposing to install windows in the side elevation of the extension that will look towards the neighbouring property of No.52 Wybourn Drive. There is no indication on the plans that the windows are to be obscure glazed. The existing fencing will not prevent any overlooking from occurring. A condition could be attached requiring the windows to be obscure glazed. However, this would not remove the perceived overlooking from the proposed extension.

1. Overall, it is considered the proposal will result in demonstrable harm to the residential environment of No.52 Wybourn Drive in terms of actual and perceived overlooking, loss of privacy, being overbearing and visually intrusive.

Impact On The Street Scene

1. In respect of the impact on the streetscene, the proposed extension is set to the rear of the property; however, the extension will project above the height of the existing ridge line by 1m. The proposed gable of the extension will be visible from Wybourn Drive along with the two dormers, which are set back from the front of the property. The dormers will have flat roofs. There are other dormers within the streetscene. The other properties in the area only have one dormer located on the front of properties and are constructed with flat roofs. The proposed development would be completely at odds with the other dormers in the street by having two dormer windows on the side of the property. The proposed dormers would be a prominent feature within the streetscene and would be detrimental to the visual amenities of the locality.

Recommendation

1. It is recommended that the application be refused for the above reasons.

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.

1. The occupiers of No's 48 and 52 Wybourn Drive are adjoining landowners and have commented on planning matters; as such they should be afforded party status.

1. The occupiers of No's 42 and 46 Wybourn Drive are not adjoining landowners and therefore do not have sufficient interest in the application site to be afforded party status in this instance.

Recommendation

Recommended Decision: Refused

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

R 1.

The proposed development would be contrary to General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 in that:

1) it would introduce too many dormer windows onto the side of the property, which will result in them being a prominent and incongruous feature within the streetscene, and will be detrimental to the visual amenities of the locality;

2) the development would result in demonstrable harm to the residential environment of No.48 Wybourn Drive in terms of actual and perceived overlooking and loss of privacy and

3) the development would result in demonstrable harm to the residential environment of No.52 Wybourn Drive in terms of actual and perceived overlooking, loss of privacy, being overbearing and 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: 6/12/11

Signed: Michael Gallagher Director of Planning and Building Control

OR Signed: Jennifer Chance Development Control Manager