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24/90943/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/90943/B Applicant : Mr & Mrs Michael Hoctor Proposal : Proposed alterations and extension to dwelling, (comprising of amendments to P.A. No- 23/00384/B). Site Address : Capel Glen Pinfold Hill Laxey Isle Of Man IM4 7HP
Planning Officer: Paul Visigah Photo Taken : 27.06.2023 Site Visit : 27.06.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.10.2024 __
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 proposed ground floor windows for the Kids Area situated on the North elevation of the dwelling with views towards 'Glen Craig', and Bathroom on the south elevation with views towards Heatherbank shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
C 3. Prior to the use of the first floor external balcony approved as part of this application, the privacy screen shown on drawing No. 22 1715 SS/ 05, which shall have a minimum height of 1.8m and erected on the southern elevation of the balcony shall be installed and permanently retained thereafter.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
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You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. Overall, it is considered that the proposals do not have a detrimental impact upon the character of the existing dwelling or locality within which it is located, with the proposal considered to conform to the basis of General Policy 2, Strategic Policy 3 (b), and Environment Policy 42. No significant adverse impact has been identified as likely with respect of the impacts on neighbouring amenity, and no public amenity or highway safety impacts have been noted. Therefore, it is considered that the proposal also complies with Transport Policy 7 and Community Policy 10 of the IOMSP, and the principles promoted by the Residential Design Guide 2021.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing received 22 August 2024, and Correspondence from Agent received 15 October 2024. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o DoI - Highways Services - No objection o Garff Commissioners - No Objection
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal: o Heatherbank, Lamb's Lane, Pinfold Hill, Laxey - No objection __
Officer’s Report
1.0 THE SITE 1.1 The site represents the residential curtilage of Capel Glen, Pinfold Hill, Laxey, which is a two storey detached property, located on the eastern side of Pinfold Hill. The existing dwelling which has pitched and hip roofed elements has a large decking area which is set over an integral double garage and an office/store situated on the lower ground floor.
1.2 The layout of the site is such that its roof sits about 3.2m below the ground level of the Manx Electric Railway line which runs along the western boundary of the site and separates the dwelling and its neighbours from the dwellings on the eastern side of Pinfold Hill. A mute hedge between 1.2m to 2m high runs along the rear boundary of the site and Manx electric railway line, and conceals the site from this line.
1.3 The street comprises a mix of split level two and three storey detached dwellings, with a significant proportion of them rendered and finished in a light colour, and many rise with the land at the rear. Most of the properties are modern, with a varied range of designs, themes and character that reflect their age. The dwellings here also have decking and balconies that over views over the Laxey bay below.
2.0 THE PROPOSAL
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2.1 Planning approval is sought for alterations and extension to dwelling, (comprising of amendments to P.A. No- 23/00384/B).
2.2 The main changes proposed include: 1. Lowering of the building height view the removal of the entire proposed second floor to the dwelling. 2. Alterations to the front elevation of the dwelling to create a new font facing gable between the existing front facing gables on the dwelling. This new gable roof would be set over the Sitting area. 3. Introduction of new single windows to the south and west elevation. 4. Installation of new solar panels over the front roof plane. 5. Alterations to the bay area to the lounge area to reduce the windows on this elevation. 6. Installing a new balcony to the front of the Master Bedroom with patio door access. 7. Installing new door with access to the new balcony and linking the hallway. 8. Installation of new 1800mm high privacy screen to the south elevation of the balcony on the first floor serving the Master Bedroom.
2.4 There would be no changes to the lower ground floor. Also, the vehicular access and parking provisions would remain unchanged. There would also be no changes to the site level.
2.5 There is nothing within the submitted documents/plans to suggest that any tree or mature landscaping shall be removed to facilitate the proposal.
3.0 PLANNING POLICY 3.1 The site is within an area zoned as Predominantly Residential Use of the Area Plan for the East (Map 7 - Laxey), and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site.
3.2 National: STRATEGIC PLAN (2016) a. General Policy 2 - 'Development Control' considerations. b. Business Policy 13 & Paragraph 9.5.8 - Allows for the use of private residential properties as tourist accommodation provided the use is not harmful to the amenities of neighbouring residents. c. Paragraph 8.12.1 - General presumption in favour of extensions to existing properties (excluding Conservation Areas or Registered Buildings). d. Strategic Policy 1 - Efficient use of land and resources e. Strategic Policy 2 - Development focussed in existing towns and villages f. Strategic Policy 3 - Development to safeguard character of existing towns and villages. g. Strategic Policy 5 - Design and visual impact. h. Environment Policy 22 - Impacts of development on amenity of nearby properties. i. Environment Policy 42 - character and need to adhere to local distinctiveness. j. Transport Policy 3 - New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. k. Transport Policy 7 - Parking Provisions l. Community Policy 7 - Designing out criminal and anti-social behaviour m. Community Policy 10 - Proper access for firefighting appliances n. Community Policy 11 - Prevention for the outbreak and spread of fire.
3.3 Area: AREA PLAN FOR THE EAST 3.3.1 It is also important to consider Landscape proposal 10 of the Area Plan for the East given the proximity of the site to the rail line.
3.3.2 Landscape Proposal 10 (in part): "For the Manx Electric Railway (including the Mountain Railway) - Views as seen from the Manx Electric Railway are to be preserved; development which would significantly intrude on such
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views will generally not be supported. Safety and continued operability will require some clear line-of-sight corridors, and these shall be maintained. Prospective Applicants wishing to develop along these routes (which includes sites located adjacent to the boundary of the railway line or within close proximity to the transport corridors) should engage with the Department of Infrastructure 33 for advice ahead of the submission of any planning application. Prior to any decision on a planning application for which Landscape Proposal 10 is relevant, advice will normally be sought from the Department of Infrastructure".
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The following previous planning application for the site are considered to be materially relevant in the assessment and determination of the current application:
5.2 PA 85/00617/B for Alterations and extensions to form additional living accommodation and garage - Approved.
5.3 PA 00/00736/B for Alterations and extension to dwelling and erection of replacement garage - Approved.
5.4 PA 01/00159/B for Alterations and extensions to dwelling (amendment to approved PA 00/00736) - Approved.
5.5 PA 23/00384/B for Alterations including the erection of ground and first floor extensions to provide additional living accommodation was approved by the Planning Committee on 04.09.2023. The application was approved subject to three approval conditions, two of which referred to the protection of neighbours' privacy via provision of privacy screening and obscure glazing.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways Division have no interest in the application (30 August 2024).
6.2 The DEFA Ecosystem Policy Team have provided an advisory regarding Dark Bush Crickets which are known to exist in then vegetation around the property. They further advise that the cutting of woody vegetation should be avoided as a priority, and that if small amounts of cutting is required then the cut vegetation should be retained on site and made into a habitat pile in an undisturbed area of the garden alongside a hedge, as it could contain the eggs for the next generation of Dark Bush Crickets. They conclude by stating that if large amounts of vegetation need to be removed then the applicant should get in contact with the Ecosystem Policy Team (13 September 2024).
6.3 Garff Commissioners have noted that the overall height of the already approved dwelling was being reduced, and as such there were no objections to this amended application (5 September 2024).
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6.4 The owners/occupiers of Heatherbank, Lamb's Lane, Pinfold Hill, Laxey, have made the flowing comments on the application (2 September 2024): o They state that own the adjacent property situated directly south, whilst also indicating support for the proposal.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are: a. The Visual impact of the proposal; b. Potential Impacts on Views from the adjacent Manx Electric Rail Line; and c. Impact on neighbouring amenity.
7.2 Visual Impacts (GP 2, SP 3B & EP 42, & RDG 2021) 7.2.1 In terms of impacts of the proposed development on the appearance of the existing dwelling on site, it is considered that the proposed changes to the dwelling are of a scale and form that would fit with the modern character and appearance of the existing dwelling and site, and would not result in any adverse impacts on the appearance of the existing property.
7.4.2 More so, the proposed works would maintain the roof form and the fenestration proportions and style would also respect the existing symmetry and proportions of the existing fenestrations on the main dwelling. It is also noted that the proposed extensions would not unbalance the form of the dwelling, but would mainly retain its form, although its scale would be increased. Besides, the external works are judged to result in an overall improvement to the appearance of the existing property. As such, it is considered that the alterations and extension would be in keeping with the character and appearance of the existing dwelling.
7.4.3 With regard to the impact of the proposed development on the character of the street scene, it is noted that the character of the street scene is varied in its current context, with no overriding pattern and form; comprising a mix of building designs, styles and property sizes which makes the proposed change align with the existing street scene character which is diverse in its current form, without a dominant architectural style. Besides, the works would improve the appearance of the existing dwelling, resulting in positive changes to the character of the street scene. Therefore, it is considered that any impact on the character and appearance of the area and the site itself would be positive and in accordance with General Policy 2, Strategic Policy 3 (b) and Environment Policy 42 of the Strategic Plan.
7.3 Potential Impacts on Views from the MER (TP 3 & LP 10 of TAPE) 7.3.1 Transport Policy 3 of the Strategic Plan and Landscape Proposal 10 of the Area Plan for the East require that new development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility, or impact on views as seen from the Manx Electric Railway which are to be preserved. To clarify this position, Landscape Proposal 10 goes further to reiterate that development which would significantly intrude on such views will generally not be supported.
7.3.2 In this case, whilst it is noted that the proposal site sits adjacent the MER, there would be no changes to the existing mature landscaping which sits on the boundary between the application site and the adjacent MER. As such, it is not considered that there would be any changes to the views obtainable from the MER over this site. It should be noted that there would be minimal changes to the rear of the property via the increase in height of the roof by about 800mm and the addition of a single rooflight to the existing rooflights, which are changes which would not be noticeable from the adjacent MER, and these would ensure that the development conforms with Landscape Proposal 19 of the Area Plan, in addition to fitting with the requirements of Transport Policy 3, particularly as views attainable from the rail line would be over the trees which adjoin the site boundary and run parallel to the rail line.
7.4 Potential Impact upon Neighbouring Residents (GP 2 & RDG 2021)
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7.4.1 With regard to potential impacts on neighbours, it is considered that the scheme as currently proposed holds less potential to create amenity impacts for the neighbouring properties. This is hinged on the fact that there would be a reduction in the fenestrations proposed for the sides of the dwelling over that which was approved under PA 23/00384/B. Also, the significant reduction in height means that there is less potential for overbearing impacts or loss of light. Whilst it is noted that two new windows would be added to the side elevation (one on either elevation), these are positioned where there is significant vegetation on the boundaries. Notwithstanding, a condition would be attached to ensure that both windows are installed with obscure glazing, and this diminishes any concern with these windows.
7.4.2 The fact that a new first floor balcony would be added to the front elevation of the dwelling also offers the opportunity for overlooking of the property to the south. However, the scheme proposes a 1.8m high screening on the south elevation of this balcony, such that any potential for overlooking from this balcony would be significantly diminished.
7.4.3 Granting the nature of the site layout is such that angled nature of the boundary would allow some views towards the front garden of Glen Craig to the north and Heatherbank to the south, the existing trees and mature shrubbery situated along the site boundaries would serve to diminish overlooking from the proposed development. Moreover, the nature of the topography of the area allows for some of overlooking of outdoor areas for neighbouring properties. Therefore, any concerns in this regard is considerably diminished by the mutual overlooking that exists among the properties here.
7.4.4 Overall, it is considered that the nature of the proposed development which reduces the building height considerably over that which was previously approved for the site, the reduction in fenestrations on the elevations, as well the nature of the existing boundary treatments and site topography would ensure that any concerns regarding impacts on neighbouring amenity would be so diminished and not sufficient to warrant refusal of the proposal.
7.4 OTHER MATTERS 7.4.1 The scheme does not propose any alterations to the means of access to the site or parking provisions within the site. As such, it is not considered that there would be any adverse impacts on parking or highway safety resulting from the proposal.
7.4.2 The scale of the proposed works is such that would not result in significant vegetation removal, as the proposed works would be confined largely within the footprint of the existing dwelling on site. Additionally, no trees would be removed as a result of the proposal. Therefore, any impacts on biodiversity within the site will be negligible, and overridden by the retention of large sections of shrubbery situated within the rear garden of the site, which will remain considerably unchanged.
8.0 CONCLUSION 8.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, or neighbouring amenities. It is also considered that the scheme would not result in adverse impacts upon parking and highway safety in the area. It is therefore recommended that the application be approved.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
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9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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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 decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 15.10.2024
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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