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Arch-Tec (IOM) Ltd The Architectural Studio Stanley House Lord Street Douglas IM1 2BF
In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:
Name: Mr James McCrory Proposal: Alterations and extensions to rear elevation at: 14 Queens Avenue Douglas Isle of Man IM1 4DA
which was considered on 8th November 2010, for the reasons set out below.
Date of Issue: 11th November 2010
Murray House Mount Havelock Douglas
Mrs P Faragher Deputy Secretary to the Planning Committee
a) in demonstrable harm to the amenities of No.13 Queens Avenue from overshadowing, loss of light, increased visual intrusion and being overbearing; and b) in demonstrable harm to the amenities of No.15 Queens Avenue from overlooking and loss of privacy.
This decision was made by the Senior Planning Officer in accordance with the authority delegated to her under Article 3(13) of the Town and Country (Development Procedure) Order 2005.
The decision contained in this notice does not become final until either;
Whichever is the later. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.
Application No. : 10/00919/B Applicant : Mr James McCrory Proposal : Alterations and extensions to rear elevation Site Address: 14 Queens Avenue Douglas Isle Of Man IM1 4DA
Case Officer : Mr Ian Brooks Photo Taken : Site Visit : Expected Decision Level : Senior Planning Officer
Consultee : Highways Division Notes: Do not oppose
Consultee : Douglas Corporation Notes: No objection
Consultee : Drainage Services Manager Notes: No objection
The application site represents No. 14 Queens Avenue, which is located on the eastern side of Queens Avenue. The application site is located within a Conservation Area. The application site is zoned as predominantly residential within the Douglas Local Plan 1998.
The application is proposing to demolish the existing conservatory and part of the existing garage and oil tank store, and to replace them with a new garage with a balcony and sun lounge above.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, paragraph 8.12.1, Environment Policy 35
Environment Policy 35 states that "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
There have been previous applications on the site; however none are considered relevant in the determination of this application.
Douglas Corporation has no objection to the application. Drainage Service of Douglas Corporation has no objection in principle subject to the 2 drain systems combine at the curtilage boundary.
Highways Division of the Department of Infrastructure do not oppose the application.
The key issues with this application are the impact on the neighbouring properties and the impact on the street scene.
In respect of the impact on the residential environment of No. 15 Queens Avenue, the proposed extension would be set to the north of No. 15 Queens Avenue. The proposed garage will project approximately 300 mm above the boundary wall. The proposed sun lounge and balcony will be set 1.9 m away from the boundary of the neighbouring property. The proposed sun lounge will project 1.2 m closer to the boundary of No. 15 Queens Avenue than the existing conservatory. The proposed works will not cause any significant harm to the residential environment of No. 15 Queens Avenue in terms of overshadowing, loss of light and visual intrusion.
The application is proposing a window in the side elevation of the sun lounge, which will direcly face towards No. 15 Queens Avenue, and a roof terrace. Both of these are to be set 1.9 m away from the boundary of the neighbouring property. On the roof terrace will be a 1.5 m wall which will restrict the occupants to the roof terrace and will not allow access to the flat roof above the garage. However, due to the height of the wall, it will still be possible for the occupants to overlook the rear yard of No. 15 Queens Avenue from the roof terrace. It is considered the proposed works would adversely affect the residential environment of No. 15 Queens Avenue in terms of overlooking and loss of privacy.
In respect of the impact on No. 13 Queens Avenue, the application site is set to the south of the neighbouring property. The existing conservatory projects 1.8 m along the boundary of No. 13 Queens Avenue. The proposed sun lounge will project 3 m along the boundary. This is an increase of 1.2 m on the existing structure. The existing structure is approximately 4.4 m and 5.1 m in height. Due to level changes, the height of the proposed sun lounge will between 5.8 and 5.9 m (excluding the roof lightwell). Furthermore, the application is proposing to project above the existing by 1.5 m , which will effectively increase the overall height boundary wall from $2.4 \mathrm{~m}-2.6 \mathrm{~m}$ to $4.1 \mathrm{~m}-4.2 \mathrm{~m}$, respectively. It is considered the proposed works would result in overshadowing being overbearing and visually intrusive when viewed from the rear yard of the neighbouring property. The neighbouring property has two storey rear outrigger and a single storey extension. It has not been possible to ascertain to whether the single storey extension has any windows in the rear elevation; however, even without this information, the proposed works would still impact on the neighbouring property's rear yard as mentioned above.
A wall is to be built for the proposed roof terrace which will abut the existing boundary wall of No. 13 Queens Avenue. The height of the wall when viewed from the roof terrace will be 1.5 m . The occupiers of the property will be able to overlook the rear yard of the No. 13 Queens Avenue, which will result in loss of privacy for the occupiers of the neighbouring property. It is possible for the wall to be increased in height to 1.8 m ; however, as indicated above a further increase in height in the wall will increase the impact in terms of it being overbearing and visual intrusive.
In respect of the impact on the visual amenities of an un-named service lane to the rear of the application site, the lane is public highway. The existing conservatory is visible from the public highway. The proposed sun lounge will be highly visible from the lane. It should be noted the proposed extension is significantly larger than the existing structure. The proposal certainly is does not seek to preserve the character and appearance of the area, as the existing structure is to be demolished. However, the existing structure is of poor quality and does not have any architectural merit. On balance, the proposed extension would be an improvement compared to the existing structure. On balance, it is considered the proposal can be regarded as an enhancement and would not adversely affect the visual amenities of the locality.
RECOMMENDATION It is recommended that the application be refused as it would result in a detrimental effect on the neighbouring properties. PARTY STATUS
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation Recommended Decision: Refused Date of Recommendation: 25.08.2010 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
R 1.
The proposed extension would be contrary to General Policy 2 of the Isle of Man Strategic Plan 2007 by reason of its siting, design and height which would result:
a) in demonstrable harm to the amenities of No.13 Queens Avenue from overshadowing, loss of light, increased visual intrusion and being overbearing; and
b) in demonstrable harm to the amenities of No.15 Queens Avenue from overlooking, loss of privacy. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. 29 October 2010
10/00919/B
Page 3 of 4
Decision Made : Refused Date : 8/11/20
Signed : [Signature] Senior Planning Officer
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