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18/00278/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00278/LAW Applicant : Miss Claire Manning Proposal : Application for certificate of Lawful Development for the installation of roof windows Site Address : 11 Somerset Road Douglas Isle Of Man IM2 5AD
Case Officer : Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.05.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the rear elevation installing a velux windows within the roofscape on the building which is identified by the red line on the Location Plan date stamped 15th March 2018 were carried out before March 2014.
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the residential curtilage of 11 Somerset Road Douglas. A two storey semi-detached property sited on east side of Somerset Road, Douglas. The application also lies within the Selborne Drive Conservation Area.
1.2 This style of property makes up a block of 6 properties within the terrace. They are read as three pairs with a shared chimney stacks between the two properties, after every two, the roof line steps down to reflect the gradient of the land adding legibility to this section of the terrace.
1.3 The features that characterise these properties from the remaining terrace is that they are of two storeys not three, they are all finished with a red clay tiled roof; rough cast render on the first floor and red brickwork to the ground floor. The design of the properties show a brickwork arch around the front door and a bay window but with vertical brick work mullions which divide the centre glazed panel and the side windows. Similar detail is reflected on the first floor bay window but here they have a rendered finish.
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18/00278/LAW Page 2 of 3
1.4 Within the conservation character appraisal for the area, whilst not directly mentioned referenced is paid to Somerset Road where it refers to the language of design and finishes that continues along Somerset Road. The description of the properties mainly refers to the choice of material used." The rough-cast render; red brick elevation; applied half timbering; red-clay tiles or green Westmorland Slates". Page.7; Para3.14.
PROPOSAL 2.1 The application is a certificate of lawfulness for the installation of velux windows on the rear elevation.
PLANNING HISTORY 3.1 The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application.
PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as 'Predominantly Residential' in the Douglas Area Plan 1998 Map No. 2 (South). As previously mentioned, the application site sits within the Selborne Drive Conservation Area.
4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
4.3 General Policy 2 (GP2) (in part); 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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality;
4.3 Environment Policy 35; "Within Conservation Areas, the department will only permit 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."
REPRESENTATIONS 5.1 Douglas Borough Council has no objection (03/05/18)
5.2 Highways Services have commented and confirm the do not oppose. (12/04/18)
ASSESMENT 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 4 years. Under Schedule Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of a period of 4 years beginning with the date on which the operations were substantially complete.
EVIDENCE 6.1 The applicant has provided photographs of the buildings rear elevation and a supporting invoice detailing the works carried out from Richard Watson Joinery and building services dated 30/09/10. The invoice explains the scope of the works that were carried out and features the velux windows.
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18/00278/LAW Page 3 of 3
6.2 Whilst the level of information supplied is sparse, in considering the retrospective aspect of the proposal, the works are contained to the rear elevation and not visible from the streetscene. Considering the installation of the velux windows, in this instance, as the rear of the property does not form an important part of the conservation area, it is not considered the installation of velux windows in the rear roof scape would have an adverse impact on the character or appearance of the Conservation Area.
6.3 Further reassurance is given, when inspecting Google Street view of the property dated September 2010 on the rear elevation confirms the presence of the velux windows. They are in the same positioning within the roofscape and it does not appear they have been modified since their installation when comparing to the existing. In this instance, it seems apparent that the Velux windows were installed a number of years ago and not recently, however it is not possible to determine exact date they were installed but on balance and probability sometime in 2010.
6.4 Schedule Part 1, Paragraph 3 (a) of The Act as mentioned above, means that enforcement action cannot be taken on development which has been carried out in excess of four years.
6.5 Having assessed the evidence provided, visited the site it would appear that on the balance of reasonableness the velux windows in the rear elevation were installed more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.
CONCLUSION 7.1 It is recommended that the certificate be granted
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
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: 24.05.2018
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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