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24/00366/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00366/B Applicant : Mr Florian Harkort Proposal : Installation of a replacement and remodelled pitched roof with a flue and a dormer to front elevation, removal of existing chimney, replacement of windows and doors with alterations to opening sizes, external redecoration of dwelling and garage and external landscaping Site Address : View Point Old Laxey Hill Laxey Isle Of Man IM4 7BT
Planning Officer: Hamish Laird Photo Taken : 09.05.2024 Site Visit : 09.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.05.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The windows to be inserted in the proposed front (north-west) elevation of the development, hereby permitted, serving the ground and first floor bathrooms, shall be glazed with obscure glazing. Thereafter, these windows shall be retained with obscure glazing for the lifetime of the development.
Reason: To protect the amenities of occupants of the application dwelling and adjoining dwellings on the north-west side of Old Laxey Hill opposite the site in respect of any potential for overlooking and loss of privacy.
This application has been recommended for approval for the following reason. It is recommended that the application for planning permission is considered to be acceptable, and should be permitted. It represents an improvement on the existing dwelling that would result in an acceptable visual impact on the character and appearance of the Conservation Area; and, not adversely impact on any neighbours residential amenities. The proposals are
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considered to be in accordance with the Strategic Plan policies GP2 ii) and iii) and EP 35; and, Policies RB/3 and RB/5 of Planning Policy Statement 1/01 and are, therefore, acceptable.
Plans/Drawings/Information;
The development, hereby permitted, shall be carried out in accordance with the following approved drawings and details, namely:
Drawing No. 001 - Location and Site Plan both showing the site edged red; Drawing No. 050 - Proposed Site Plan; Drawing No. 100 - Proposed Ground Basement Floor Plan; Drawing No. 101 - Proposed First Floor Plan; Drawing No. 001 - Proposed First Floor Plan; Drawing No. 110 - Proposed Garage Plan and Elevations; Drawing No. 110 - Proposed Elevations and Section; Design and Access Statement;
All date stamped received on 28 March, 2024.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the property located on the opposite side of Old Laxey Hill (no address provided) should not be given Interested Person Status. Whilst they meet the requirement of being located within 20.0m of the site boundary, they have not made comments which are relevant to planning (loss of a view across third party land is not a valid planning reason). As such, they do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2; and, therefore, do not 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 APPLICATION SITE
1.1 The application site is the residential curtilage of View Point, Old Laxey Hill, Laxey, a traditional bungalow with upper floor accommodation within the hipped, steeply pitched roof, and it has a 2-storey, flat-roofed element, circa. 1970's, attached to its NE side. Built in approx. 1934, it is located on the south-eastern side of the road, and its setting affords views of Laxey Beach, and Laxey Harbour and out to sea. The site also lies within the Laxey Conservation Area. The property has been extended to include a 2 storey, flat roof addition to the north-east of the original dwelling with lower-level basement store accommodation. Further smaller extensions were added in the late 1990's to provide an open porch and conservatory. A separate detached garage is located to the northern tip of the site. The Case Officer visited the site on 9/5/24.
2.0 THE PROPOSAL
2.1 This application is for planning permission for works including: "Installation of a replacement and remodelled pitched roof with a flue and a dormer to front elevation, removal of existing chimney, replacement of windows and doors with alterations to opening sizes, external redecoration of dwelling and garage and external landscaping".
2.2 The submitted Design and Access Statement advises: elements of demolition involve:
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"The existing accommodation is split over two floors (excluding the separate basement store). At ground floor level, internal remodelling is proposed to provide a more open and free flowing internal space arrangement.
A new, wider and spacious entrance hall in the location of the existing study with the entrance door to be relocated, making use of the existing window opening. The existing porch space is to be repurposed as a laundry room with former external door opening replaced with a smaller window and raised sill. A new WC is provided, access directly from the entrance hall. The existing kitchen and family room spaces are to be combined to provide an open plan kitchen and dining space with separate utility provided in position of the existing rear lobby and WC. A vaulted ceiling is proposed above the dining space to provide greater volume to the internal space creating a light and airy internal environment. The existing window openings within the new dining space are to be increased in height with the sills lowered to internal floor level, this will allow natural light to flood the internal space and take advantage of the views out to the southeast and southwest.
The existing accommodation at first floor level is limited by the areas of reduced head height due to this accommodation largely being within the hipped roof of the existing dwelling. It is proposed to replace this roof and extend the main section of hipped roof through to the northeast external wall, this increasing the available floor space for accommodation at first floor. In addition, a mono pitched dormer is proposed to the roadside elevation to raise internal headroom to this area. The extension of us able floor space allows for a remodelling of the internal layout at first floor. A new landing has been created that is open to the existing stairs creating a more generous circulation space providing improved access to the upper rooms. The master bedroom is retained whilst the existing bathroom is to be converted into a bedroom to the southwest. The extension of the roof space to the northeast allows for the incorporation of a further bedroom and office space. The new dormer provides space for a new bathroom and dressing area for the new bedroom. Roof light windows are proposed within the bedrooms and office accommodation. A pitched roof extends over the dining space below in place of the existing flat roof.
All external windows and doors are to be replaced with new, fenestration and opening light dimensions are to be amended within the new units to maintain a uniform proportion to the glazed elements. The external render to the main body of the original house is to be finished in white generally with white frame windows and reveals, sills and head of window and door openings finished in a light blue. The existing flat roof extension, to be re-roofed with a pitched roof, is to be finished externally in a dark grey render with anthracite window frames to provide contrast and distinction between the extension and the original 1930's dwelling. A dark grey imitation slate tile is proposed to the new replacement roof throughout, all roof lights will also incorporate an anthracite frame to blend with the roof finish.
New replacement windows are also proposed for the existing garage. This is also to be redecorated externally with a cream colour finish to the existing render."
3.0 PLANNING HISTORY
3.1 There is a corresponding application for development which is currently pending consideration. PA 24/00366/B - for works including: "Installation of a replacement and remodelled pitched roof with a flue and a dormer to front elevation, removal of existing chimney, replacement of windows and doors with alterations to opening sizes, external redecoration of dwelling and garage and external landscaping", at View Point, Old Laxey Hill, Laxey, Isle of Man IM4 7BT.
3.2 97/00968/B - Erection of open porch, Viewpoint, Old Laxey Hill, Laxey. - Alterations and erection of a two storey extension - Permitted - 6.10.1997.
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3.3 99/01486/B - Erection of conservatory - Permitted - 21.12.1999
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential under the Laxey Proposals Map 7. The application site is within the Laxey Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
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."
Environmental 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 REPRESENTATIONS
5.1 Garff Commissioners - Raises no objection. 22/5/24.
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5.2 DOI Highways - 5/4/24 - Highway Services HDC has no interest (NHI) in: 24/00366/B.
5.3 One neighbour representation has been received (23/4/24) from the neighbour residing opposite the site at Old Laxey Hill Laxey, enclosing a photograph of the view across the site towards the sea. The neighbour writes: "As I am in the property behind that for which the proposed planning application has been submitted. The intended works; increasing the elevation of the roof, would obstruct the aspect of my view."
6.0 ASSESSMENT
6.1 Environment Policy 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development.
6.2 The proposals involve the remodelling of the roof form to allow for extension of the existing upper floor accommodation to provide additional space with the provision of a flue and a dormer window to the front elevation; the removal of the existing chimney; and, the replacement of windows and doors with alterations to opening sizes. It also involves the remodelling of the existing ground floor accommodation to update it and make the dwelling more liveable. In addition, elements to be removed include the existing roof, the flat roof over the 2-storey NW side extension; and, the existing porch on the roadside elevation. These aspects of the development are covered by the 24/00367/CON Registered Building application to cover the proposed works of demolition. The proposals also involve the replacement of existing external windows and doors in the dwelling; and, the external redecoration of both the dwelling and the attendant garage and landscaping.
6.3 The proposed works which mainly involve the roof of the dwelling would be visible from the road at Old Laxey Hill and from neighbouring properties opposite the site which are set at a higher level. It is considered that the works to demolish elements of the existing dwelling and to re-roof it in the manner shown on the submitted plans would improve the visual appearance of the dwelling as it would involve a symmetrical addition to the roof and the addition of the rear dormer would assist in breaking up the expanse of the roof when viewed from Old Laxey Hill. The proposals would also result in the removal of the existing 2-storey, flat-roofed element and its incorporation into the new roof. The ground floor works to change the windows and doors and remove the existing porch on the roadside elevation would not be readily visible from any public vantage point as the dwelling is set downhill from the road and accessed by a flight of stone steps from that level.
6.4 The works proposed to refurbish the garage are considered to be acceptable in visual terms and would improve the character and appearance of this structure.
6.5 Overall, the proposed development would have a minimal visual impact on the character and appearance of the CA and is considered to represent an improvement in terms of the design, mass, scale and proportions of the existing dwelling. The addition of landscaping of the garden area as proposed, would assist in assimilating the development into its surroundings when viewed from both Old Laxey Hill; or, from the Laxey Beach below, where the flat-roofed element would no longer be visible from.
6.6 As such this changes to the dwelling are considered to represent an improvement which would specifically contribute to the overall character and appearance of the Conservation Area. It is separately considered that what is proposed in the PA24/00367/CON application by way of works, to facilitate the extensions and improvements and changes to external windows and doors, and to the garage, are considered to be acceptable and would not conflict with the
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requirements of Strategic Policy 4; General Policy 2; and, Environment Policy 35 in the Isle of Man Strategic Development Plan 2016.
6.7 In respect of impacts on neighbours' amenities, the comments received from the neighbour residing opposite the site in Old Laxey Hill, in a dwelling which is set at a higher level, are noted. In law, there is no right to a view across third party land. Whilst there would be some loss of view of the sea from the neighbours dwelling, the proposed works would not give rise to any loss of light, additional overlooking, or appear overbearing given that View Point is set lower down Old Laxey Hill, and the separation distance between the two properties which is in the region of 12.0m wall-to-wall.
6.8 No other representations have been received. It is considered that with regard to the potential impacts in neighbours amenities a condition should be added requiring the proposed first floor and ground floor bathroom windows be obscure glazed to protect the privacy of their users and amenities of neighbours across the road. The proposed development is acceptable and would accord with the requirements of Strategic Policy 4 (c); General Policy 2 (g); and, Environment Policy 22 (c) in the Isle of Man Strategic Development Plan 2016.
7.0 RECOMMENDATION
7.1 On the basis of the above it is recommended that the application for planning permission is acceptable and the proposals are in accordance with the Strategic Plan policies ST4; GP2 ii) and EP 22 and 35; and, are acceptable.
8.0 PARTY STATUS 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; (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 above 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.
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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
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decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 28.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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