Planning Officer Report Recommendation

Planning Officer Report And Recommendations {{table:15212}}

Officer's Report

Introduction

1. This application seeks permission for the alterations and extension of a dwelling in a residential area. The application is considered to be unacceptable and not in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of Glevum, The Promenade, Laxey which is a single storey detached dwelling situated to the north western side of the promenade. To the rear of the application site is Harbour View and Mariners House which are both three storey detached properties.

1. The front elevations of Harbour View and Mariners House are approximately 5m from the rear boundary of the application site and approximately 10m from the rear elevation of the property.

1. The dwelling is of a 1930's design with a flat roof and a curved wall at the front. The existing windows and doors are fairly typical for this style of house.

1. There is currently no existing off street parking within the curtilage of the application site.

The Proposal

1. The application seeks approval for the erection of an extension to the rear of the dwelling. The extension would measure approximately 55sqm to provide additional living accommodation in the form of a garage and a bedroom with en suite bathroom. The extension would be finished to match the existing dwelling.

1. The extension would project towards the rear of the site by approximately 5m, there would be a window in the rear elevation which would serve the garage, and another window which would serve the en suite bathroom. There would be a window in the side elevation which would serve the additional bedroom. The garage door would be in the other side elevation. Also proposed is the creation of a front porch. This would be a very simple design finished with a flat roof to respect the existing dwelling.

Planning History

1. The application site has been the subject of a number of previous applications the most recent being for the replacement front door in 2001. Before that there was an application for replacement windows. Both of these applications were approved.

Development Plan Policies

1. The application site is in an area zoned as "Predominantly Residential" identified on the Laxey and Lonan Area Plan 2005. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).

1. General Policy 2

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.

1. Environment Policy 35

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.

Consultations/Representations

1. Highways Division's response was to defer the application as there is insufficient information on access arrangements to the garage from the rear boundary. The plans have since been amended the Highways Division have amended their comments to: Recommend approval as it has no adverse traffic management parking or road safety implications.

1. Laxey Commissioners have raised objections to the application for the following reasons:

a) the development is over intensive and un-neighbourly, b) the lane into which the rear entrance is proposed is too narrow to afford safe egress and access and is prejudicial to road safety. Since amended plans have been submitted, Laxey Commissioners have not commented.

1. Isle of Man Water and Sewerage Authority have no objections but have commented on the application.

1. The owner/occupier of Sea Villa, The Promenade object to the application. The garage door would open directly opposite their front door. They feel that it is not suitable to turn vehicles as the road at this point is very narrow. They would be concerned if the garage was in use about the possible obstruction to their front door and potential dangers to anyone coming in and out of the house as there is no pavement or kerb to protect the pedestrian. They also feel that the proposal would have an adverse visual impact on the Conservation Area. They feel that the proposed extension would block light from houses facing the rear of Glevum.

1. Given the objection from Laxey Commissioners regarding the proposal being un-neighbourly I wrote to the occupiers of the property to the rear of Glevum asking if they wished to comment on the application. The below comments were received by the occupiers of Harbour View.

1. The owner/occupier of Harbour View, Backshore Road, Laxey objects to the application. They feel that the proposed garage extension would cause many problems, the lane can be congested at times with deliveries and visitors and the lane is very narrow so may cause obstruction. They also feel that the Conservation Area would be adversely spoilt.

Assessment

1. The main issues to consider in the assessment of the application are 1) Impact to the neighbouring properties 2) Impact to the character and appearance of the street scene 3) Impact to parking and highways.

Impact To The Neighbouring Properties

1. The proposed extension would project towards the rear of the application site, bringing the building approximately 5m closer to the properties at the rear of the application site.

1. The neighbouring properties to the side and rear of the application site are fairly close, but given that Glevum is single storey and there is a road between the application site and the neighbouring properties there is a clear distinction between them.

1. The original application had a window in the rear elevation to serve the bedroom which looked towards the front elevation of the properties to the rear of the application site. It was felt that this would have been un-neighbourly having a window of a habitable room looking towards the windows of the neighbouring properties to the rear. Having contacted the applicant they were willing to amend this and moved the bedroom window to the side elevation. The windows in the rear elevation would serve the en-suite bathroom and the garage, both of which would be obscure glazed.

1. There would be a distance of approximately 5m between the front elevation of the neighbouring property and the rear elevation of the application site with the addition of the extension. Given that the extension would be single storey and there is the highway between the properties it is considered that the extension would not be unduly overbearing when viewed from the ground floor of Harbour View.

1. Again, given the height of the extension and the distance from the ground floor windows of Harbour View it is judged that the proposed extension would not result in the undue loss of light. The neighbouring properties look on to the rear of Glevum, whilst the proposed extension would bring the building closer to the windows it is considered that the proposal would not unduly impact the outlook from these properties.

Impact To The Character And Appearance Of The Street Scene

1. As mentioned above, the proposed extension would be to the rear of the property, and therefore would not be highly visible from the Promenade. The flat roof of the extension would respect the style of the building.

1. The original application had some features which did not respect the existing property such as the windows, the detailing around the windows and the porch. Having contacted the applicant they amended the application, the windows now have similar proportions to the existing, the detailing around the windows has been removed and the porch has been simplified.

1. The extension would be finished to match the existing and would respect the scale, form, design and appearance of the building.

1. It is considered that the proposed extension would be in keeping with the building and would preserve the character and appearance of the Conservation Area.

Impact To Parking And Highways

1. The original plans showed the garage to be accessed from the rear of the property. The Highways Division were not satisfied that there was sufficient visibility. The plans have since been amended and the Highways Division are satisfied that the access would not unduly harm the local residents or have a harmful impact on highways safety.

1. By creating a garage and an area of hard standing this is increasing the number of off street parking spaces.

1. The owner/occupier of Sea Villa raised concerns regarding the obstruction of their front door and the danger to pedestrians. The front door of Sea Villa already opens onto the highway, the creation of a garage at Glevum would not increase the level of traffic so significantly as to have a harmful impact on the amenities of those at Sea Villa.

1. It is considered that there is sufficient distance for manoeuvring from the garage without causing an obstruction or endangering those pedestrians accessing Sea Villa.

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

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

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Isle of Man Water and Sewerage Authority is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

1. The owner/occupier of Harbour View is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

1. The owner/occupier of Sea Villa is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 09.03.2012

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

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 the alterations and extension as shown in drawings 02 and 03 received 8th December 2011 and 01 Rev B received 2nd February 2012.

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: ...

Determining officer (delete as appropriate)

Signed: ... Anthony Holmes Senior Planning Officer

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

Signed: ... Jennifer Chance Development Control Manager