The application site comprises the residential curtilage of a semi-detached bungalow located within Lezayre Park in Ramsey.
The Proposal
The proposal comprises the erection of an aerial on the dwelling. The proposed aerial would be attached to the rear roof slope of the dwelling onto the side of an existing dormer window. The overall height of the proposed aerial would be 5.25m above the roof of the dormer window. The upper section of the proposed aerial consists of a number of horizontal aerials approximately contained within an area of 3.8m by 3.7m. It is understood that the aerial is designed to be rotated on its own axis as part of its use and operation.
Planning History
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
Planning Policy
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan Order 1998. There are no policies with Planning Circular 2/99, the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material 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 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."
Representations
The owners and/or occupants of 63 Lezayre Park, which neighbours the application site but is separated by an estate path, objects to the planning application. The grounds for their objection can be summarised as concern the proposed aerial will be clearly visible and intrusive from their property. They consider the proposed aerial to be out of keeping with the area.
Assessment
As the aerial has already been erected the planning application seeks retrospective planning approval. Previous cases have established that the fact that planning approval is sought retrospectively is not a material consideration in the assessment of the proposed development. In terms of the assessment of this planning application the two key material considerations are the impacts on i) public amenity; and ii) private amenity.
In terms of impact on public amenity whilst the proposed aerial is larger than the average domestic television aerial the difference in size is not considered to be significantly different enough to cause unacceptable harm to the character of the area. The proposed aerial does not appear unduly out of place within the street scene and it is concluded that the impact on public amenity is acceptable. As for impact on private amenity the proposed aerial should not result in unacceptable overshadowing or overbearing on surrounding properties. As such, the impact on private amenity is also concluded to be acceptable.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The owners and/or occupants of 63 Lezayre Park
Recommendation
Recommended Decision:
Permitted
Date of Recommendation:
14.01.2013
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 erection of an aerial as detailed within drawing no.s REF 1, REF 2, REF 3, REF 4 and REF 5 date stamped the 26th November 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 15-1-13
Determining officer (delete as appropriate)
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer
Signed : _________________________ Jennifer Chance Development Control Manager
Copyright in submitted documents remains with their authors. Request removal
