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24/91247/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91247/B Applicant : Mr & Mrs Gary Middleton Proposal : Sun lounge extension to rear and first floor extension over garage Site Address : 45 Oak Park Peel Isle Of Man IM5 1XH
Planning Officer: Vanessa Porter Photo Taken : 16.12.2024 Site Visit : 16.12.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.12.2024 __
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. The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016
Plans/Drawings/Information; This decision relates to the following plans and drawings, date received on 6th November 2023; o Drawing No. 01 o Drawing No. 02 o Drawing No. 03 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection __
Officer’s Report
THE APPLICATION SITE
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1.1 The application site is within the residential curtilage of No. 45 Oak Road, Peel which is a three storey semi detached property situated to the East of Oak Road and is the first property to the right-hand side when entering the development.
THE PROPOSAL 2.1 The current planning application seeks approval for two items, firstly the erection of a sun lounge extension to the rear garden measuring 4.2m by 4m with an overall height of 3.440m. The proposed extension is to match the existing in terms of materials and is to have a pitched roof.
2.2 Secondly the proposal seeks a first floor extension above the existing garage, which is to have a Juliette balcony to the front elevation. The first floor extension is to match the existing in appearance.
PLANNING HISTORY 3.1 There is one previous application which is relevant, PA17/00992/B which was for the "Erection of 45 dwellings with associated public open space, highways and drainage infrastructure," which was Permitted subject to a legal agreement and several conditions.
PLANNING POLICY 4.1 The site lies within an area zoned as "Proposed Residential," on the Peel Local Plan (1989). The site is not within a Conservation Area, nor a Flood Risk Zone.
4.2 Given the nature of the site and the land designation, the most relevant Isle of Man Strategic Plan policies would be General Policy 2 which sets out the general standards towards acceptable development.
4.3 The Residential Design Guidance (2021) is also relevant and 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 property.
4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state, "No highway interest." (8.11.24)
5.3 No comments have been received from Peel Town Commissioners at the time of writing this report.
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 CHARACTER AND APPEARANCE 6.2.1 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.
6.2.2 The proposed extensions will not result in any over-development of the site, with the first-floor extension being subordinate to the main dwelling. Both extensions are common
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within such an area and are to match the finishes of the existing, as such will be in keeping with the existing dwelling.
6.2.3 Overall from a character and appearance point of view the proposal is deemed to be an acceptable form of development that complies with those sections of General Policy 2(b) & (c) of the Isle of Man Strategic Plan 2016.
6.3 NEIGHBOURING AMENITY 6.3.1 Turning towards neighbouring amenity, a site visit was conducted to ascertain the existing overlooking from the property due to the proposed Juliette balcony to the front elevation. Due to the orientation of the property in relation to No. 1 to 6 Oak Park, views are awarded into the rear garden from the existing first floor window into all the gardens with varying levels of overlooking.
6.3.2 With the above in mind, noting that the Juliette balcony is situated within a bedroom and that there have been no objections raised from the neighbouring properties it is deemed that the proposal will not increase perceived or actual overlooking above and beyond what is currently in place.
6.3.3 With regards to the rear extension, due to the location of the proposed extension, it is considered that there are no neighbouring properties considered to be adversely affected as a result of the development through light or privacy impacts.
6.4 OTHER MATTERS 6.4.1 The proposed works are extensions to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal whilst increasing the surface area of the dwelling, any water run-off will be dealt with as per the existing arrangement of the main dwelling. The proposed extensions will not increase water usage of the dwelling and therefore there are no new issues in this respect.
CONCLUSION 7.1 Overall the proposal is considered to be acceptable by not to result in any new or increased impact on visual amenity of the surrounding streetscene or neighbouring amenity and as such the proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).
8.2 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.
8.3 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.
8.4 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;
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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: 17.12.2024
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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