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24/00240/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00240/B Applicant : Mr & Mrs Kenneth McGovern Proposal : Erection of a detached dwelling with garage and vehicular access (previously approved under PA 23/00793/B) Site Address : Land Adjacent To Elmwood Somerset Road Douglas Isle Of Man
Planning Officer: Hamish Laird Photo Taken : 09.05.2024 Site Visit : 09.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 17.05.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed design of dwelling involving the addition of the rear first floor balcony is unacceptable in terms of its impacts on neighbours residential amenity through its close proximity to and overlooking of the rear aspects and gardens of dwellings in the row to the rear at Nos. 2-10 (even nos. only) Cronkbourne Avenue, with No. 10 being located closest to the site with a resultant loss of privacy to occupants of these dwellings. The balcony would be located approx. 12.0m from the nearest corner of No. 10 dwelling. Furthermore, it would, owing to its projection outwards from the rear of the dwelling and relationship to the side/rear elevation and rear garden of the adjoining dwelling to the north at Elmwood, result in an unacceptable degree of overlooking/loss of privacy, and overshadowing/loss of sunlight which would otherwise not occur to the occupants of Elmwood if the previously approved PA 23/00293/B design is fully implemented. This fails to accord with the provisions of Policies GEN2 b) c) and g), and ENV23 in the Isle of Man Strategic Plan 2016. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 4.2:
Elmwood, Somerset Road, Douglas, Isle of Man, IM2 5AE
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as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). __
Officer’s Report
1.0 THE SITE 1.1 The application site is a plot of land that is located between Greeba and Elmwood, both large two storey detached dwelling facing onto Somerset Road. It had previously been used as an area of garden land attached to Elmwood. The parcel of land was fenced off at the time of the Case Officer's site visit on 22/8/23. Subsequent to the approval of PA23/00793/B, the site is presently a construction site with a dwelling in the process of being erected. Case Officer's site visit on 9/5/24.
1.2 The application site at present is bounded by hedging and tall mature trees on all sides except the roadside boundary. Views into the application site are readily available from the main public thoroughfare - Somerset Road. The site is also set below the two adjacent properties, with land levels gently falling from front to rear.
1.3 The surrounding area is characterised by a mix of dwellings of different form, layouts and appearance with a mixture of detached dwellings and terraced dwellings.
2.0 THE PROPOSAL 2.1 This application seeks full planning approval for the erection of a detached dwelling with garage and vehicular access (previously approved under PA 23/00793/B).
3.0 PLANNING POLICY 3.1 The application site is located within an area that is designated as Predominantly Residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 Map No. 2 (South). The application site lies adjacent to the Selborne Drive Conservation Area.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains six policies that are considered specifically material to the assessment of this current planning application:
Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
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;
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(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."
Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
Transport Policy 4: "The new and existing highways which serve any new development must be designed so as
to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
4.0 PLANNING HISTORY 4.1 The application site has previously been the subject of planning application ref: 13/00655/A for "Approval in principle for erection of a dwelling." The application was permitted on 03.07.2013. The approved plan showed a potential site layout indicating one dwelling with access directly onto Somerset Road. The layout drawing was indicative only.
4.2 PA23/00793/B, for the erection of detached dwelling with garage & vehicular access (previously approved under PA 13/00655/A) was permitted on 04.10.2023, and remains extant.
5.0 REPRESENTATIONS
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5.1 The Department of Infrastructure Highways Division 21/7/23 - comments: Highway Services HDC has no interest (NHI) in: 24/00240/B.
Previously for PA23/00793/B Highway Services advised: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking, subject to the boundary wall fronting the highway being no more than 1m in height. The Applicant will need a s109(a) highway agreement for the new dropped kerb vehicular access."
5.2 DEFA - Ecosystem Policy Officer (22/3/24) comments:
In line with the previous approval for this plot the Ecosystem Policy Team request that the following conditions are secured on approval.
Prior to the commencement of the development, a bird and bat brick plan shall be submitted to and approved in writing by DEFA Planning. Any bird bricks shall be sited to ensure that they are not placed above any opening windows. The development shall be carried out in accordance with the approved details prior to the first occupation of the dwelling and shall be retained and maintained for the lifetime of the development.
Prior to the commencement of the development, details of the provision of a boundary hedge along the front (north-eastern) site boundary shall be submitted to and approved in writing by DEFA Planning. The hedge shall comprise Manx native species only. The hedge shall be planted in the first planting season (November - March) following the first occupation of the development. Any constituent plants which die, are removed, or become diseased, shall be replaced with similar size and species plants. Thereafter, the hedge shall be retained and maintained for the lifetime of the development.
We note that it says on the Site Plan As Approved (Drawing No. 1670-10) that the dwelling approved under 23/00293/B is currently under construction. The Ecosystem Policy Team do not believe that we have been consulted on and agreed either a bat and bird brick plan or boundary hedge details, so if indeed the house was under construction, this was contrary to the conditions attached to 23/00293/B. The above requested plans should be provided prior to further construction works taking place.
5.3 Douglas Borough Council (15/3/24) : Raises 'No objections'.
5.4 One letter of representation raising objections to the proposed development has been received from the occupier of Elmwood, Somerset Road, Douglas, which raises the following concerns:
"I am writing to object to the above planning application on the following grounds under: ???Material Planning Considerations???- loss of light to the detriment of residential amenity overshadowing/loss of outlook and layout and density of building design. Under the proposed plan for the balcony the only views and sunlight I am left with would be blocked by another 1.2m structure protruding from the rear of the building.
My property is split level with the garden to the rear, meaning outdoor living space at ground level is elevated from the rear garden and the construction of a balcony from the adjacent property would completely remove our privacy both from the rear garden and on our elevated out door area. The original plans on the proposed dwelling already have a raised patio area off their living/kitchen area.
I have two young children (aged two, and ten months) and have spent my recent maternity with my babies' naps being disrupted daily, with constant noise from the build and being
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unable to use my garden due it being unsafe for my toddler with the removal of bordering trees and hedging between plots.
Three trees have been removed along with bordering privet trees (without consent) to gain access in and out of the build. This has not only resulted in part of our garden being ruined but has also now resulted in being overlooked by neighbouring properties. The once beautiful views from our balcony, windows and patio doors have been replaced with an overbearing property.
The proposed and already approved new dwelling is already going to prevent sunlight reaching my garden. It would also impact on the light and would cast shadows across every aspect of my garden, meaning the rear rooms of my property will be cooler and darker as a result. The proposed plan is intrusive and overbearing and I appeal to the planning department to refuse the proposed erection of this balcony."
6.0 ASSESSMENT 6.1 The site lies within the settlement boundary for Douglas, and the previously approved planning application for the approval of the principle of development of the site via the erection of one dwelling has been accepted (See PA Ref: 13/00655/A); and, subsequent approval of the PA23/00293/B, dwelling have established the principle of development via a dwelling on this site. The question here is whether the latest design for the proposed dwelling, which now includes a first floor rear balcony accessed via 2 pairs of sliding doors from 2 of the bedrooms which look out from the rear elevation of the dwelling, is acceptable in terms of design and visual impact; and, the impact on the residential amenities currently enjoyed by the occupants of neighbouring dwellings.
6.2 The revised design for the dwelling would result in the same, style, shape, height, width and bulk dwelling, offering the same level of accommodation and outdoor space and parking as that previously approved. However, this proposal introduces a first floor balcony to the rear of the dwelling which would project outward by approx. 1.2m x 7.7m wide at a height of approx. 2.6m above finished ground floor level. It would have a glazed 1200mm high panel safety screen across the rear elevation and obscure glazed side screens projecting out for the width of the balcony, and which would be approx. 1.8m high on both sides. The balcony would be mounted on vertical steel posts on corners and affixed to rear wall of the dwelling. In visual terms, this addition would be at the rear of the dwelling and would have no impact on the character of the development when viewed from the Somerset Road streetscene.
6.3 As previously noted in respect of the 23/00293/B application, the development of the application site with a new dwelling would change the appearance of the street scene. The proposed design of dwelling is considered to be acceptable, in that it would be in character and keeping with adjoining dwellings in the street scene, and would be well-screened from adjoining properties by existing boundary hedging and fencing around the site apart from the roadside boundary, which presently is open. The erection of the proposed new dwelling would be wholly visible from Somerset Road. However, whilst the proposal would slightly alter the appearance of the surrounding area and street scene, it is not considered to be of a scale or keeping or that it would cause an unacceptable degree of harm to the character of the area or adjacent Conservation Area sufficient to warrant refusal. The dwelling would form part of an existing and established street of a mix of residential properties.
6.4 In terms of impacts on neighbour's amenities, the addition of the balcony raises issues with regard to overlooking and impacts on privacy, particularly in respect of the properties either side at Elmwood to the north; and, Greeba to the south. The elevated position of the balcony, would when taking into account the sloping nature of the site, and land to the rear (north-east) being at a lower level, giving rise to overlooking of the rear aspects and gardens of dwelling s in the row to the rear at Nos. 2-10 (evens nos. only) Cronkbourne Avenue, with No. 10 being located closest to the site. The balcony would be located approx. 12.0m from the
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nearest corner of No. 10. Whereas the previously approved design for the dwelling had 2 No. bedroom windows at first floor level in the rear elevation, this latest design would result in 2 pair of full-height sliding doors serving these bedrooms and with the balcony in place would increase the dwell time in this area, instead of the previously approved opportunities for casual overlooking from the approved bedroom windows. Given the closeness of the rear aspects and rear gardens of this row of adjoining dwellings there would be an increase in overlooking, especially during the summer months when residents enjoy their gardens, and balconies receive their fullest use. This would give rise to an unacceptable loss of amenity and privacy to occupants of these neighbouring dwellings, and on this ground the application should be refused.
6.5 Turning to the impact on the residential amenities (overlooking and privacy) for occupants of Greeba and Elmwood, and noting the concerns raised by the occupant of Elmwood, the proposed balcony would project outward by approx. 1.2m from the rear of the approved position of the dwelling being constructed on site. The dwelling already projects further out in relation to the rear of Elmwood, and is sited on the south side of this neighbouring dwelling. Whilst the proposals would involve the addition of an approx. 1.8m high glazed screen to each end of the side s of the balcony, it would result in an additional element, and balcony users could lean over it to look around the screen and observe the occupant of both Elmwood and Greeba using their rear gardens. The impact would be greater on the occupants of Elmwood as that dwelling is to the north of the new one; and, the orientation of Greeba, which is located to the south in relation to the new dwelling is different and is thus less harmfully impacted on.
6.6 Overall, it is considered that the addition of the balcony would have an unacceptably adverse impact on the amenities of occupants of Elmwood through loss of light to the rear and side of that adjoining dwelling, and a loss of privacy. Disturbance from construction noise is unfortunate, but not a permanent issue and it is accepted that such incidents occur during the construction phase of any development. The balcony does not need to be there and was not a part of the 23/00293/B application. It is considered that the proposed design of dwelling involving the addition of this rear first floor balcony is unacceptable in terms of its impacts on neighbours residential amenities, and should be refused on the grounds of overlooking/loss of privacy to occupants of the and Elmwood. This would be contrary to the provisions of Policies GEN2 b) c) and g), and ENV23 in the Isle of Man Strategic Plan 2016.
6.7 The comments received from the DEFA Ecosystems Policy Officer are noted and should be pursued in conjunction with the conditions attached to the previous approval by the Enforcement Team.
7.0 RECOMMENDATION 7.1 Overall, it is concluded that the planning application fails to accord with the provisions of Policies GEN2 b) c) and g), and ENV23 in the Isle of Man Strategic Plan 2016.
7.2 It is recommended that the planning application be permitted.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material;
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(f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 4(2) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 22.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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