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24/91006/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91006/B Applicant : Mr Robert Moore Proposal : Conversion of ground floor to create an annex flat, door / window alterations, creation of a first floor balcony and roofing works to rear elevation Site Address : 33 Castlemona Avenue Douglas Isle Of Man IM2 4EA
Planning Officer: Russell Williams Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.11.2024 __
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 annexe hereby approved shall be occupied only by family and/or friends of those occupying the main dwelling as ancillary accommodation and the annexe shall not be occupied as an independent dwelling unit.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the dwellinghouse
This application has been recommended for approval for the following reason. The proposed development can be carried out without giving rise to any unacceptable impacts upon visual or residential amenity, highway safety or other matters of material planning relevance. The development is considered to comply with General Policy 2.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 9 September 2024:
137/100 Location Plan, Existing plans and elevations 137/101B Proposed plans and elevations 137/102 Existing and proposed side elevations
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Right to Appeal
It is recommended that the following organisations should be given the Right to Appeal on the basis that they have made written submissions relating to planning considerations:
Douglas Borough Council
DOI Highways are extended Rights to give evidence should an appeal be lodged.
Officer’s Report
1.0 THE SITE 1.1 The application site is 33, Castlemona Avenue, a terraced three storey building with accommodation and a small rear yard. The property is located at the southern end of Castlemona and is approx. 10 min walk from the town centre.
1.2 The existing dwelling is a 5 bedroom property with kitchen,, living and utility space at ground floor with bedrooms and a bathroom at first and second floor level.
1.3 The dwelling is finished externally in rendered walls with slate roof and uPVC fenestration.
2.0 THE PROPOSAL 2.1 The application seeks planning permission for the conversion of the ground floor area to a self-contained annex, together with alterations to fenestration and construction of new roof to rear forming balcony.
2.2 External alterations to the building comprise the replacement of two windows at the rear with doors at ground and first floor level and the replacement of an existing first floor door with a fixed glazed panel. To the front one additional rooflight is proposed.
2.3 The roof to an existing two storey outrigger will be replaced with a flat roof, with parapet and glazed lantern; a small glazed balcony is also proposed to the rear.
2.4 Internally the existing round floor will be remodelled in order to create a modest 1 bedroom self-contained annexe. The annexe would utilise the main entrance to the dwelling and will share parking and storage provision.
2.5 The application submission states that the annexe is required in order for the elderly owners son to reside at the property with a degree of independence whilst he provides care for the owner.
3.0 PLANNING POLICY 3.1 The site lies within an area designated as Mixed Use on within the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.
3.2 General Policy 2 of the Strategic Plan is considered applicable, 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;
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(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."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Residential Design Guide is a material consideration.
5.0 PLANNING HISTORY 5.1 There is no planning history of material planning relevance to the proposals.
6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Douglas Borough Council - The applicant must engage with the Council's waste services management team and provide evidence that there is sufficient bin and recycling storage space available to accommodate the possible increase in waste and recyclables from the annex flat. All waste bins and recycling boxes must be kept within the curtilage of the property apart from on waste/recycling collection days. The bin/recycling storage arrangements must be to the satisfaction of the Council prior to any approval being granted.
DOI Highway Services - No interest registered.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT 7.1 The key considerations in the determination of the application are: 1. Principle of development 2. Impact on residential amenity 3. Design
Principle of development
7.2 The application site is located within a mixed use area, within central Douglas. The immediate setting is one of predominantly residential properties within terraced dwellings.
7.3 The application would create a single bedroom self-contained annexe for the owners' son to reside in whilst providing for the care needs of his elderly father, who will continue to reside within the dwelling.
7.4 The area comprises a mix of dwellinghouses and buildings subdivided into flats and so the provision of a self-contained annexe "flat" is in keeping with the area in general.
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7.5 The use of the ground floor area as ancillary accommodation, is considered to be acceptable in principle given the stated need and having regard to the sustainable location of the application site.
Impact on residential amenity 7.6 The use of the ground floor area as an annexe flat will not impact upon neighbouring amenity itself.
7.7 Works to the rear that will form a new roof to the existing 2 storey outrigger will similarly have no impact upon neighbouring amenity in regard to light, outlook or privacy afforded to neighbouring properties.
7.8 The small glazed balcony at the rear offers an opportunity to increased overlooking but the dwellings within the terrace are not served by formal gardens and the balcony will not overlook the neighbouring rear courtyard and even so, views are already available from the rear window. Privacy is therefore protected.
Design 7.9 The proposed internal alterations do not constitute development. Externally the alterations are considered to be of a suitable design approach and materials proposed in keeping with the original building. The new roof reflects guidance within the Residential Design Guide and is considered to be acceptable.
7.10 Overall the development is of an acceptable design and will not adversely impact upon the character or appearance of the dwellinghouse or surrounding area.
Other matters 7.11 The points raised by Douglas Borough Council in regard to the storage of bins and recycling are noted, however, the application does not proposed the formation of a separate dwelling and so it is anticipated that the annexe will continue to share the existing storage space to the rear courtyard utilised by the original dwelling. Whether the son occupies an annexe or a bedroom in the house will not materially increase the level of waste created by the property or increase the amount of bin and recycling storage required. A condition relating to bin storage is not, therefore, considered necessary on this occasion.
8.0 CONCLUSION 8.1 The proposed annexe flat will provide independent living accommodation for the owner's son whilst care is being provided. The annexe will not be severed from the principal dwellinghouse and will be ancillary and a condition will be applied to this effect such that should the need for the annexe cease, its occupation as a separate self-contained flat would require a further grant of planning permission.
8.2 Otherwise, the proposed development can be carried out without giving rise to any unacceptable impacts upon visual or residential amenity, highway safety or other matters of material planning relevance. The development is considered to comply with General Policy 2 and is it is recommended that planning permission is granted.
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).
9.2 Article A10 sets out that the right to appeal is available to: o Applicant (in all cases);
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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.
9.5 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 the Right to Appeal.
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: 07.11.2024
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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