Officer Report

Application No.: 17/00028/B Applicant: Mrs Cherry Hartopp Proposal: Erection of conservatory Site Address: 24 Ballachurry Close Onchan Isle Of Man IM3 4BE Case Officer : Mr Chris Balmer Photo Taken: 24.01.2017 Site Visit: 24.01.2017 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of the detached property 24 Ballachurry Close, Onchan which lies to the eastern corner of the turning head of the residential cul-de-sac of Ballachurry Close, south of Ballachurry Avenue.

2.0 PLANNING STATUS - 2.1 The application site is located within an area identified as being Predominantly Residential by the Onchan Local Plan Order 2000. The site is not within a Conservation Area. Within the adopted Isle of Man Strategic Plan 2007, the following policy is considered relevant in the assessment and determination of this application: - 2.2 General Policy 2, which 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."

3.0 PLANNING HISTORY - 3.1 The previous planning application is considered relevant in the determination of this application: - 3.2 Blocking up side elevation window - 15/00683/B - APPROVED

4.0 REPRESENTATIONS - 4.1 Onchan Commissioners have recommended an approval (received on 26.01.2017). - 4.2 Highway Services do not oppose (03.02.2017).

5.0 THE PROPOSAL - 5.1 This application seeks approval for the erection of conservatory which would have a depth of 3.2 metres, a depth of 3.9 metres and a maximum height of 3.6 metres.

6.0 ASSESSMENT - 6.1 The main issues to be considered in the assessment of this application are the impact of the proposal on the existing dwelling, any potential impacts upon neighbouring properties and any impacts upon the surrounding area. - 6.2 In terms of the existing property, the works would have very little impact upon the visual appearance of the existing dwelling and would have no impact upon the visual appearance within the street scene given the position of the works which face away from the street and are not apparent from public views. Overall it is considered the conservatory is acceptable. - 6.3 The main issue relating the proposal relates to the potential impact upon neighbouring amenities, namely upon Nr 22 Ballachurry Close which is to the south and west of the proposed conservatory. Due to the size and positon of the conservatory, the proposal would have no impact upon loss of light and/or overbearing impact upon the outlook from this neighbouring property. The issue is whether the proposal would result in a significant adverse impact through overlooking resulting in a loss of privacy to neighbouring amenities. - 6.4 It was noted visiting the site there was an approximately 1.8 metre high fence and mature landscaping 2 - 3 metres high above. It should be noted that views maybe achievable above the fence, given the floor level of the conservatory is set above the ground level of the rear garden area. However, it is noted the existing landscaping - made up of various evergreens - do exist along this boundary and therefore would screen the majority of views towards the rear garden of Nr 22 Ballachurry Close. With a condition attached requiring the retention of this landscaping it is considered this would significant reduce the potential for overlooking. - 6.5 Consideration is also added that there are already existing picture windows within the same elevation as the proposed conservatory would be erected too and therefore there is already a degree of mutual overlooking irrespective of the proposed conservatory; albeit given its projection towards the neighbouring boundary it would achieve a greater level of potential overlooking. Accordingly, while the proposal would increase the level of potential overlooking, it is not considered the impact would be so great to warrant a refusal.

7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

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 Division of the Department; 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: 08.02.2017 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.

• C 2. The existing landscaping along the south-western boundary shared with Nr 22 Ballachurry Close is required to be retained at a height no lower than 2 metres in height (measure from the ground level of the conservatory) unless otherwise approved by the Department. Any part of the hedge which dies, is removed, or becomes seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the protection of neighbouring amenities from overlooking.

This approval relates to drawings reference numbers 0475/PP/01 and 0475/PP/02 all received on 11th January 2017.

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: 15.02.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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