226952

==== PAGE 1 ====

14 August 2014 14/00770/B Page 1 of 5 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00770/B Applicant : Mr Jason & Mrs Lyndsey Gaines Proposal : Conversion of garage to additional living accommodation Site Address : 27 Ashberry Avenue Douglas Isle Of Man IM2 1PY

Case Officer : Miss Melissa McKnight Photo Taken : 16.07.2014 Site Visit : 16.07.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the residential curtilage of No. 27 Ashberry Avenue, a two storey semi-detached dwelling located on the south western side of Ashberry Avenue in Douglas.

1.2 The site has an open front with a garden and driveway providing parking provisions for two vehicles. There is an integrated garage to the south east elevation which is the subject of this current planning application.

1.3 No. 29 Ashberry Avenue adjoins the application on the north western elevation.

2.0 THE PROPOSAL

2.1 The planning application seeks approval for the conversion of the existing garage to additional living accommodation and the installation of a new ground window on the south east elevation.

2.2 The converted garage would retain the existing utility and WC. The new window to be installed would have obscured glazing and would serve the WC.

2.2 With regards to the physicality of the garage conversion, it is proposed to remove the existing garage door and replace with a new window that would match the existing ground floor front elevation windows of the property with bricking underneath.

2.3 The Town and Country Planning (Permitted Development) Order 2012 allows for the replacement of the garage door with another garage door or a window and the internal garage space may then be used as part of the main dwelling to which the garage is attached under the following conditions:

(a) the works are allowed only where the garage is either an integral or attached garage (ie not detached from the dwellinghouse); (b) where a garage door is replaced with a window, the proportions of the window must replicate the proportions of the windows on the ground floor of the same elevation of the door to be replaced; and (c) operations within this class are allowed only if, on completion of the operations, at least 2 car parking spaces remain within the curtilage of the dwellinghouse.

==== PAGE 2 ====

14 August 2014 14/00770/B Page 2 of 5

For the purpose of paragraph (c) the minimum size permitted for a car parking space is 6 metres by 3.25 metres. For the purpose of this Class, the internal space of an integral or attached garage may be used as part of the main dwelling to which the garage is attached. This does not constitute development.

2.4 The driveway of the existing dwelling has a width of just less than 5 metres and length of 6 metres. As the width fails to measure the minimum width size, this element of the proposal would not be able to be completed under permitted development.

3.0 PLANNING HISTORY

3.1 The application site has been the subject of four previous planning applications, two of which are considered relevant to the assessment of this current planning application given the nature of development proposed and have been listed below:

PA 13/91487/B: Replacement and lifting of existing garage roof to create additional living accommodation. This previous planning application was refused on the following grounds:

R1. The proposed garage roof extension, by reason of its hunched, shallow and unsympathetic roof profile at the rear, the excessive size of the wall plate between the top of the garage door and the eaves at the front, together with the awkward junction of the eaves at the front and particularly the rear, would have a detrimental impact on the character and appearance of the existing house and the surrounding area. The proposal would be contrary to the provisions of criteria (b) and (c) of General Policy 2 of the Isle of Man Strategic Plan 2007 and is unacceptable.

PA 02/01685/A: Approval in principle for extension to dwelling over garage. This previous planning application was permitted.

4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area zoned as Predominately Residential under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 Map No. 2 (South).

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically relevant to the assessment of this current planning application:

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

==== PAGE 3 ====

14 August 2014 14/00770/B Page 3 of 5 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."

Paragraph 8.12.1 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

5.0 REPRESENTATIONS

5.1 Douglas Borough Council has no objection to the current planning application.

5.2 The Department of Infrastructure Highway Services do not oppose the current planning application subject to the following condition being imposed:

"Hard standing to be increased to permit two vehicles to park side by side 3.25 x 6 meters per car park space."

After further discussion with Highway Services and the submission of photographic evidence of two vehicles parked on the existing driveway, Highway Services no longer request the implementation of the above condition.

6.0 ASSESSMENT

6.1 Given the level and nature of development proposed, there are four fundamental issues to consider in the assessment of this current planning application. Firstly, it is essential to consider the impact of the proposal on the existing form and character of the existing dwelling. Secondly, the impact of the proposal on the street scene of Ashberry Avenue should be assessed. Thirdly, it is necessary to consider the impact of the development on neighbouring residential amenity and fourthly, the impact of the conversion of the garage on the existing parking provisions and general highway safety.

6.2 EXISTING DWELLING

6.2.1 The replacement of the garage door and installation of the window proposed is not judged to have a harmful impact on the existing appearance or character of the application site dwelling. The proposed installation of the window would replicate the existing ground floor window and as such is deemed acceptable.

6.2.2 The installation of the new WC window on the side elevation is considered a fairly modest form of development and is not judged to have an upon the existing appearance and form of the main dwelling.

6.3 STREET SCENE OF ASHBERRY AVENUE

6.3.1 The proposed window in replace of the existing garage door is considered to be a

==== PAGE 4 ====

14 August 2014 14/00770/B Page 4 of 5 fairly modest form of development. As already identified, the proposed window and brick detail would match the existing projecting bay window albeit the window would not be projecting. This element of the development is judged to respect the site and would not detract from the street scene of Ashberry Avenue.

6.3.2 Again, the WC window is a minimal form of development and will have no impact on the street scene of Ashberry Avenue.

6.4 NEIGHBOURING RESIDENTIAL AMENIT

6.4.1 In relation to the impacts upon neighbouring properties, the property most likely be affected would be No. 25 Ashberry Avenue which is to the south east of the site. The only aspect which would raise an issue relates from potential overlooking would be from the proposed new gable end window. However, the window would have obscured glazing and from visiting the site it was evident the window would face towards a boundary timber fence and the ground floor blank gable end of No. 25 Ashberry Avenue. Accordingly, it is considered the proposed scheme would have no significant impact upon neighbouring residential amenity.

6.5 PARKING AND HIGHWAY SAFETY

6.5.1 The existing driveway has a width of just less than 5m and has a length of roughly 6m. As such, the driveway has a slightly lesser width than the current ideal dimension set out by Highway services of 6.5m (3.25 x 2).

6.5.2 Highway Services suggested a condition be imposed to extend the width of the driveway so that two vehicles could be accommodated. A photograph taken by the applicants agent shows that two cars can be parked comfortably on the existing driveway. In addition to this, the average width of a medium sized car is 1.8m and an allowance of 800mm for the door opening and a clearance of 300mm on the passenger's side, then a minimum width of 2.9m are needed. As such, the width of the existing driveway falls short by 800mm.

6.5.3 On assessment, and from the evidence provided from the applicants agent showing two vehicles parked, Highway Services withdrew their need for the condition to be added and do not oppose the planning application.

7.0 RECOMMENDATION

7.1 Overall, it is considered that the overall level of development contained within the proposal is relatively modest and in keeping with the character of the dwelling, with suitably limited or no impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity and is therefore in accordance with General Policy 2 of the Isle Of Man Strategic Plan 2007 and as such is recommended for approval.

8.0 PARTY STATUS

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

==== PAGE 5 ====

14 August 2014 14/00770/B Page 5 of 5

Recommended Decision:

Permitted

Date of Recommendation:

14.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

--

This approval relates to Drawing Number 01 and 03 Rev: A date stamped as received on 30th June 2014 and 02 Rev: A date stamped as received on 15th July 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 15/08/14

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed : Sarah Corlett

Sarah Corlett

Senior Planning Officer

Signed :... Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management