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The property subject of the application relates to 31 Faaie ny Cabbyle. The property is a two storey semi-detached located within a cul-de-sac.
The applicant proposes a first floor side extension over the existing garage and a single storey rear extension to form a dining room and sun room.
The applicant proposes to change part of the rear of the garage to a utility room and extend the front of the garage, to be in line with the existing front building line of the property, so it will provide enough space for a car. The first floor extension will have the same width and length of the garage/utility room and will have a pitched roof with the same height as the existing property.
The rear extensions will have a maximum projection of 4.7 metres from the rear wall of the property. The rear extensions will be the full width of the property.
The application site is located in an area as 'Predominantly Residential' in the Kirk Michael Local Plan 1994. The Isle of Man Strategic Plan 2007 contains a policy which is considered specifically material to the determination of the application - General Policy 2.
General Policy 2 states the following: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the 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 affect 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 adversely affect 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 local highways; j) can be provided with all the necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) 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 the following: "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 of the surrounding area in general."
04/01456/B - Extension over garage - Permitted (9th September 2004). The report stated the following: "The property is an existing semi-detached house with attached garage. Proposed is an upward extension above the garage to provide an additional bedroom and en-suite bathroom. The ridge of the extension is 0.35 m lower than that of the main house, providing a small break between properties and preventing a terraced effect if everyone were to do it."
Department of Transport have raised no objection to the proposed development The Drainage Division have raised no objection to the proposed development.
The application site is located within a 'Predominantly Residential Area' in the Kirk Michael Local Plan 1994. Given the nature of the proposed development it is therefore appropriate to assess the proposed development against the policy identified earlier within the report (i.e. General Policy 2 of the Isle of Man Strategic Plan 2007).
It is considered that the proposed rear extensions fit comfortable within the rear elevation in terms of its siting, design and scale. It is considered that the proposed rear extensions will not have a detrimental impact on neighbouring dwellings. The proposed rear extensions will have no windows in the gable elevations and there is a 2 metre high fence on both boundary lines. There are no properties to the rear of the proposed dwelling.
The two storey side extension is built in line with the existing main building line with no reduced ridge height, which is considered unacceptable as it would produce a terracing effect if the neighbouring property where to extend the same. Consequently contact was made with the agent and amended plans were received on the 15th March 2010. The extension is proposed to be setback 0.3 metres from the front building line. Although the extension is not stepped back 1 metre, the neighbouring dwellings main building line is set back approximately 1 metre than the subject property. On balance it is therefore considered that the amended plans are acceptable. Furthermore, a dwelling opposite the subject property, no. 37 Faaie-Ny-Cabba, received planning permission (04/01774/B) for a two storey extension also being stepped back less than a metre and not achieving a reduced ridge height. The officer commented in their report the following:
"After correspondence with the applicant's agent regarding the potential for a terracing effect and measures to reduce this an amended drawing was submitted. Whilst this amended drawing steps the extension back from the front elevation it does not reduce the ridge height of the extension. However, I do not consider that a refusal of the proposed development would be sustainable as the impact on the surrounding properties is generally limited."
Although every application is considered on its own merits there has to be fair and consistent making in decisions. On the basis that the applicant has stepped the two storey extension back from the front building line, and the fact that the neighbouring dwelling's main building line is also stepped back with the subject property's main building line, it is recommended that the application should be approved subject to conditions.
RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Department of Transport and Drainage Division Recommendation Recommended Decision: Permitted Date of Recommendation: 17.03.2010 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 permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted Drawing No 2009/DM/01 recieved on 6th January 2010 and the Amended Drawing No. 2009/DM/02 (Rev A) received on 15th March 2010.
C 3. The external finishes of the extension must match those of the existing building in all respects, unless agreed in writing with the Planning Department.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : Signed : Senior Planning Officer
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