Officer Report

Application No.: 15/01364/B Applicant: Mr William Beattie Proposal: Alterations and erection of a rear extension to dwelling Site Address: 21 Mines Road Laxey Isle Of Man IM4 7NH Case Officer : Mr Chris Balmer Photo Taken: 05.01.2016 Site Visit: 05.01.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 21 Mines Road, Laxey which is a traditional two storey semi-detached property located along the western side of Mines Road in Laxey. - 1.2 The dwelling ground level is the same as that of the adjacent highway; however, the rear garden of the side rises significantly, above the roof ridge of the property and continues up to the rear boundary which meets the Manx Electric Railway.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the alterations and erection of a rear extension to dwelling. The proposed one and half storey rear extension would be located off the western rear wall and have a maximum width of 12.2 metres, a depth of 3.5 metres and a ridge height of 5.1 metres. - 2.2 The extension would be finished in render and slate tiles all to match the existing.

3.0 PLANNING HISTORY - 3.1 There are two previous applications associated with this site; however, neither is considered relevant in the determination of this application.

4.0 PLANNING POLICES - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The application site is also within a Conservation Area. - 4.2 Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general." - 4.3 Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

4.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. - 4.5 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."

4.6 Environment 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."

5.0 CONSULTATIONS - 5.1 Highway Services do not oppose (received on 24.12.2015).

6.0 ASSESSMENT - 6.1 The main issues to be considered in the assessment of this application are the potential impacts of the proposed development upon the character and appearance of the street scene and the individual property and the potential impacts upon neighbouring amenities.

POTENTIAL IMPACTS OF THE PROPOSED DEVELOPMENT UPON THE CHARACTER AND APPEARANCE OF THE STREET SCENE AND THE INDIVIDUAL PROPERTY

6.2 Visiting the area the proposed one and half storey extension will not be apparent from public views, especially when viewed from Mines Road, given it is located to the rear of the dwelling and given the neighbouring properties all of which would screen any views. The proposal would be partially and fleetingly by persons on the MER tram when it passes the site. However, given the level differences and as there the existing summerhouse within the rear garden of the application, such views would not be significant. - 6.3 Accordingly, it is considered the proposal would preserve and character and appearance of the Conservation Area and would be an appropriate form of development and therefore the proposal would comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan. POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES

6.4 In relation to the potential impacts upon neighbouring amenities, the main issues generally are; loss of light, overbearing impacts upon outlook and/or overlooking resulting in a loss of privacy. - 6.5 The properties most likely to be affected by the development would be Nrs 20 and 22 Mines Road. - 6.6 However, given the proposed size and design of the extension and the position existing built development within the neighbouring properties the proposal would not have a significant or adverse impact upon the amenities of the occupants of Nrs 20 & 22 to warrant a refusal.

7.0 RECOMMENDATION - 7.1 For the reasons given, the proposals is considered to comply with the relevant polices of the Strategic Plan and the Laxey and Lonan Local Plan and therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Services of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 20.01.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawings reference numbers B/743/10, B/743/8 and B/743/9 all received on 16th December 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 25.01.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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