DEC Decision Notice

Isle of Man

Government

Sailtg- Ellan Vannin

Penketh - Millar 23 West Quay Ramsey Isle Of Man IM8 1DL

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Juan Kinnish, Ref 13/00617/B, for the Alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B) at Oirr-Ushtey The Promenade Laxey Isle Of Man IM4 7DD subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 120915/1, 120915/2 (survey) and 120915/3 A (proposed) received on 24 May 2013.

1. The external access door at the top of the external staircase on the north west (rear) elevation shall at all times have a solid design with no window openings, unless otherwise first agreed in writing by the Planning Authority.

Date of Issue: 3rd July 2013

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. 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.

An appeal 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

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Officer's Report

Application No.:	13/00617/B
Applicant:	Mr Juan Kinnish
Proposal:	Alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B)
Site Address:	Oirr-Ushtey The Promenade Laxey Isle Of Man IM4 7DD
Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	12.06.2013
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site accommodates Oirr-Ushtey, The Promenade, Laxey. It is a large period detached dwelling fronting the car park on the promenade. It has the appearance of several original dwellings converted into one and comprises both two and three storey elements.

1. The site forms part of square of properties. To the west side of the site is Seabank, a detached three storey property. To the east side is The Pipe Factory, another detached three storey building. To the rear is another dwelling, Cushag, and its rear garden. There are further properties beyond Cushag to the north. To the south is the public car park.

The Proposal

1. The application seeks planning consent to add a third storey to the two storey part of the house so that it is all three storeys. The west end would include a front facing gable similar to the existing arrangement on the east end of the house so that it would have a broadly symmetrical appearance.

1. The application is an amendment to an existing consent. The changes are the addition of an external staircase at the rear and substitution of upper window with door to provide separate access to a "granny flat"; and the enlargement of the front facing top floor arched window.

Planning History

1. 12/01413/B – consent granted in 2012 for alterations and erection of a second floor extension to dwelling.

1. 11/00601/B – consent granted in 2011 for the erection of a replacement porch.

1. 06/01071/B – consent granted in 2006 for alterations and extensions to form additional living accommodation.

Planning Policy

1. The Laxey and Lonan Area Plan 2005 identifies the area as being predominantly residential.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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; (1) 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

1. Laxey Commissioners indicate that they do not oppose the application.

Assessment

1. The principle of the extension is already firmly established through the existing recent consent. The main consideration for the current application is whether the changes to the original approved scheme are acceptable or not.
2. The enlargement of the arched upper floor window at the front is considered acceptable in terms of its appearance. It would not result in any additional overlooking issues.
3. The external staircase to the rear would not have a substantial impact on public views. The replacement of the window with a door would be relatively inconsequential in design terms. There would be potential for overlooking from the staircase over Cushag and its rear garden to the immediate north. However, there are already upper floor windows at the rear of the house and there is no extended platform area forming part of the staircase. Therefore, it is felt that there would be no substantial additional or harmful overlooking of Cushag resulting from the staircase. The applicant has agreed that the door at the top of the external stairs could be solid to prevent overlooking. Although there is a window in the same position in the existing consented scheme, it is considered appropriate to require the door to be solid to off-

set any additional perceived overlooking from the external staircase. A condition is recommended accordingly.

Recommendation

1. It is recommended that consent is approved.

Party Status

1. The Local Authority, Laxey Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 28.06.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 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. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 120915/1, 120915/2 (survey) and 120915/3 A (proposed) received on 24 May 2013.

C 3. The external access door at the top of the external staircase on the north west (rear) elevation shall at all times have a solid design with no window openings, unless otherwise first agreed in writing by the Planning Authority.

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 : $\qquad$ 2 July 2013 13/00617/B Page 3 of 4

Determining officer (delete as appropriate)

Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00617/B Mr Juan Kinnish Alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B), Oirr-Ushtey The Promenade Laxey Isle Of Man IM4 7DD Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 29.05.2013, includes;

Conservation Areas: Cons Areas: Laxey Cons Area

Dev Control Polygons: Reference Number: 12/01413/B Status: Permitted Proposal: Alterations and erection of a second floor extension to dwelling Reference Number: 08/01310/B Status: Permitted Proposal: Installation of one additional street light on southern end of Promenade Reference Number: 11/00601/B Status: Permitted Proposal: Erection of a replacement porch Reference Number: 06/01071/B Status: Permitted Proposal: Alterations and extensions to form additional living accommodation

BC Case Polygon: Reference Number: 06/07266/DEX BC Case Status: Building Work Started Proposal: Alterations and extensions to form additional living accommodation

Site Notes

• Amendment to previous consent. Applicant met on site - she explained things are new external structure + large window to front.

• Items fine.

• New new door at top of the stairs should be blank - annual agent to confirm.

PA 12/6/13