210999

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91179/B Applicant : Ms Christa Cain Proposal : Installation of free-standing electric sauna Site Address : Sunny Gables Somerset Road Douglas Isle Of Man IM2 5BA

Planning Officer: Paul Visigah Photo Taken : 13.11.2024 Site Visit : 13.11.2024 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 25.11.2024 __

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.

This application has been recommended for approval for the following reason. Overall, it is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, as well as Environment Policy 35, Strategic Policy 4, and General Policy 2 of the Isle of Man Strategic Plan 2016, as the works would preserve the character and appearance of the Conservation Area, and the character of the surrounding townscape is not being adversely affected.

Plans/Drawings/Information; This decision relates to the documents and plans received 18 October 2024. __

Right to Appeal

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: DOI Highways - Their request for a condition is considered as an objection, given that the condition they requested has not been imposed on the basis that it is not required.

It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Borough Council - No objection

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Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Sunny Gables, Somerset Road, Douglas which is a two storey corner end-terrace property with two storey outrigger, situated at the junction between Somerset Road and Hildesley Road. There is a detached garage situated at the rear of the property and which is accessed via Hildesley Road, and sits on the boundary with a rear lane connecting Hildesley Road with Lancaster Road.

1.2 The site has a small front garden which is enclosed by a low masonry boundary wall with pedestrian gate, and a long narrow side garden (about 19.9m x 4.4m) which is enclosed by a low boundary wall with timber fence set over. The boundary treatment is about 1.6m tall and runs along the entire boundary. Its rear boundary abuts the driveway to the garage.

2.0 THE PROPOSAL 2.1 The current planning application seeks planning approval for the Installation of free- standing electric sauna within the rear section of the side garden, directly abutting the driveway to the detached garage.

2.2 This sauna which will measure about 3.3m x 2.4m, and about 2.4m tall will site about 1400mm from the boundary with the driveway and about 700mm from the edge of the boundary with Hildesley Road. This structure will sit about 580mm taller than the timber fence on the boundary. The units will be finished externally in timber (Spruce wood), with windows and door having tempered glass.

2.3 The applicants have stated the following in their Covering Letter: 1. The sauna is a shed-like structure, made of deciduous wood and is of modern design. 2. It is electrically heated (not wood burning) and does not therefore require a chimney or flue. 3. The sauna is required for health and wellbeing reasons for me and my partner.

3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East, Map 4 - Douglas. The property is within the Selbourne Drive Conservation Area, but not prone to Flood Risks or within a Registered tree area. There are no registered tree on site.

3.2 National: ISLE OF MAN STRATEGIC PLAN 2016 3.2.1 Relevant Strategic Plan Policies: 1. General Policy 2 - General Development Considerations. 2. Strategic Policies 3 and 5 - promote good design and use of local materials and character. 3. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). 4. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings. 5. Environment Policy 35 - Guides development in Conservation Areas. 6. Environment Policy 42 - new development should be designed to take into account the character and identity of the area.

3.3 TOWN AND COUNTRY PLANNING ACT 1999 3.3.1 S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

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3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 3.4.1 POLICY CA/2 - Special Planning Considerations

3.5 Character Appraisal for Selborne Drive Conservation Area 2003.

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. Section 2.0 on Sustainable Construction, 4.0 on Householder Extensions, and Section 5 on Architectural Details are considered relevant to the current application.

5.0 PLANNING HISTORY 5.1 This property has been the subject of a previous application for Removal of a chimney stack (retrospective) under PA 21/00449/B - Approved. The Planning Officer in recommending approval noted that the works would not overly change the character or appearance of the Conservation Area or the property in question enough to warrant a refusal.

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 find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the boundary fence is existing so visibility will not be reduced due to the proposals, subject to sauna remaining for private use via condition (to stop undesirable public parking (25 Oct 2024).

6.2 Douglas Borough Council has no objection to the application (25 Oct 2024).

6.3 No comment has been received from neighbouring properties.

7.0 ASSESSMENT 7.1 The fundamental issue to consider with this application is whether the proposal would result is any adverse impact on the character or appearance of the existing property or the wider street scene, and Conservation Area (GP2, EP35, PC1/98, PPS 1/01, S18 of the Act and RDG).

7.2 Statutory Test - Section 18 (4) 7.2.1 In terms of compliance with Section 18 (4) of the Act, it is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report, as well as the other material considerations set out within section 4.

7.3 IMPACT ON CHARACTER AND APPEARANCE (EP 35 & 34, STP 4, PPS 1/01, & PC 1/98) 7.3.1 In assessing the potential impacts of the proposal on the character and appearance of the site and Conservation Area, it is considered that the proposed that there is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.

7.3.2 In the case of this application, it is considered that although the proposed sauna would be seen when viewed from the junction between Somerset Road and Hildesley Road, as well as from Hildesley Road when passing the property, the proposed structure would be similar to other domestic structures (sheds and other timber structures which are usually located within

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residential gardens, and it is not uncommon to have timber structures within private gardens. Moreover, the structure would be read within the residential context of this part of Douglas. Therefore, the scheme as proposed is considered to comply with General Policy 2. The design of the sauna is also of a high quality and its timber finish would also be in keeping with the character of this garden which is already enclosed in timber fencing.

7.3.3 Therefore, these works are deemed not to have an adverse impact on the character and appearance of the Conservation Area or the overall street scene, being situated within the side garden, and at a position that is not readily visible from a public thoroughfare, given that it would be largely concealed by the existing boundary treatment. This would mean that the works would have a negligible impact on the property and Conservation Area.

7.3.4 Overall, it is considered that the proposals would preserve the character and appearance of the dwelling and Conservation Area, thus according with Environment Policy 35, Strategic Policy 4, and General Policy 2(b, c and g) of the Strategic Plan, and PPS 1/01.

7.4 POTENTIAL IMPACT ON NEIGHBOURS 7.4.1 The single storey element of the proposal and the position of the screening would ensure there are no adverse impacts on neighbours. Whilst the unit would have a window to the rear, this would be set at a position where the existing boundary treatment which sits about 1.6m tall would completely limit any potential for overlooking concerns. As such, it is not considered that the scheme would result in adverse impacts on neighbouring amenity.

7.5 HIGHWAY SAFETY/PARKING CONCERNS 7.5.1 The scheme as currently proposed would be for private use, such that there would be no change to the parking requirement for the site. As such, it is not considered that there would be any change in the area in terms of parking demand for the property.

7.5.2 DOI Highways, have, however, raised a potential concern for the development, by noting that the proposal would be acceptable only if a condition is imposed to ensure that use of the sauna remains private use. Since the sauna would be set within a private garden, and the applicants have clearly stated that the sauna would be for private use, this condition would not be necessary given that Section 6 (b) of the Town and Country Planning Act considers that "the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse" is not development.

8.0 CONCLUSION 8.1 Overall, it is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, as well as Environment Policy 35, Strategic Policy 4, and General Policy 2 of the Isle of Man Strategic Plan 2016, as the works would preserve the character and appearance of the Conservation Area, and the character of the surrounding townscape is not being adversely affected.

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); 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.

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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: 27.11.2024

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.