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Government Bullig: Ellen Vannie
Partington Nixon & Kinrade 7-9 Drinkwater Street Douglas IM1 1AT
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr James Rydeard, Ref 13/00838/B, for the erection of extension to side elevation (comprising amendments to PA 09/01826/B) at 6 Windsor Terrace Douglas Isle of Man IM1 3LU subject to compliance with the following condition(s):
Date of Issue: 3rd September 2013
Director of Planning and Building Control
This decision was made by the Development Control Manager in accordance with the authority delegated to her.
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;
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]
13/00838/B
| Application No. : | 13 / 00838 / B | | :-- | :-- | | Applicant : | Mr James Rydeard | | Proposal : | Erection of extension to side elevation (comprising amendments | | | to PA 09/01826/B) | | Site Address : | 6 Windsor Terrace | | | Douglas | | | Isle Of Man | | | IM1 3LU |
Case Officer : Mr Edward Baker Photo Taken : Site Visit : Expected Decision Level : 01.08.2013
Officer Delegation
PLANNING HISTORY
The Douglas Local Plan 1998 identifies the site and adjacent land as being predominantly residential.
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.'
Environmental Policy 35 of the Isle of Man Strategic Plan 2007 is relevant: '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.'
Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.
The effect of the proposal on the character and appearance of the Conservation Area 17. The design of the extension is very similar to the previously approved scheme. Its design, form, materials (which will match the existing house) and fenestration are consistent with and would complement the existing house. The character and appearance of the Conservation Area would be preserved.
The effect of the proposal on residential amenity 18. The appeal against the previous application for a similar extension (09/01826) was centred around the impact of the proposal on the residential amenity of the flats at Nos. 8 and 9 Windsor Terrace situated immediately adjacent the site to the north. The Inspector commented as follows: 'Nos. 8 and 9 are two bedroom apartments and the sole window of one bedroom to each property is in the gable wall facing towards No. 6. The current distance between these windows and the side wall of No. 6 scales.... at around 7.5 metres. With the proposed extension the distance would be reduced to over 4 metres. There would be some impact on daylight levels within the bedrooms. However, having regard to the set back of the extension from the front and rear elevations, the fact that the roof of the extension would be around 3 metres below the eaves level and 4.5 metres below the ridge of No. 6 and also the intention to retain the existing white stucco finish with the extension, I am not convinced that the consequences for amenity of the residents of these apartments would be so serious as to justify the rejection of the scheme.' 19. The revisions to the design of the extension proposed by the current application are not considered to substantially alter this view. The bulk of the roof is actually reduced and so in this regard there may be less loss of sun and day light to Nos. 8 and 9 next door. 20. With regard to the other changes, the introduction of the staircase at the rear, which includes a small balcony platform at the top of the stairs, would give rise to some overlooking of the rear garden of Nos. 8 and 9 . However, the platform is relatively small and is unlikely to encourage people to spend much time on it, observing the surrounding views including the neighbouring garden. Furthermore, given that the garden of Nos. 8 and 9 is likely to be communal, shared by both flats, occupants of the flats would unlikely experience high levels of privacy at present anyway. In any event, the degree of potential overlooking is not considered substantial. 21. The proposed drawings show a bin store at the side of the extension on the boundary with Nos. 8 and 9. It is considered unlikely that this would create any significant amenity issues for the neighbours and the area could be used for the storage of bins without planning approval anyway.
Access and parking 23. The proposed extension would have living accommodation at ground floor rather than the previously approved garage. There would remain space in front of the extension for at least one car, although with the loss of the garage there would no longer be ample space for two off-street parking spaces. That being said, there seems to be on-street parking generally available at the front of the property. Moreover, there is arguably no existing off-street parking provision with the existing area to the side of the house gated for vehicles but grassed over. The Highways Division has offered no objection to the application and it not considered that parking provision here is a major issue.
The Local Authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 26. The following parties should not be afforded Interested Party Status:
The Highways Division is part of the Department of Infrastructure and not an Interested Party.
Recommended Decision: Permitted
Date of 02.09.2013 Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
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 4407/L1, 4407/S1, 4407/EX1, 4407/EX2, 4407/P1 and 4407/P2, 4407/P3A received on 16 July 2013.
C 3. The external finishes of the extension shall match those of the existing building in all respects, unless the Planning Authority grants its prior written approval to any variation.
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 : 2013 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
PA13/00838/B Mr James Rydeard Erection of extension to side elevation (comprising amendments to PA 09/01826/B), 6 Windsor Terrace Douglas Isle Of Man IM1 3LU Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 18.07.2013, includes;
Listed Buildings: Address: 6 Windsor Terrace,Douglas,Isle Of Man,IM1 3LU Grade: Conservation Grant application Description: Grant application for replacement of front path Reference Number: 08/00085/HB Conservation Areas: Cons Areas: Windsor Road Cons Area Dev Control Polygons: Reference Number: 88/01505/B Status: Refused Proposal: Conversion of dwelling to two flats, 6 Windsor Terrace, Douglas Reference Number: 91/00366/B Status: Refused on Review Proposal: Erection of dwelling, adjacent to 6 Windsor Terrace, Douglas. Reference Number: 89/04080/B Status: Refused on Review Proposal: Construction of new dwelling adjoining 6 Windsor Terrace, Douglas. Reference Number: 13/00785/B Status: Pending Consideration Proposal: Installation of replacement metal balconies to rear elevation Reference Number: 09/01826/B Status: Permitted Proposal: Erection of a three storey extension to side elevation Reference Number: 99/00832/B Status: Permitted on Review Proposal: Extension to dwelling, 6 Windsor Terrace, Douglas. Reference Number: 88/04574/B Status: Permitted Proposal: Conversion of house into two flats with separate entrances, 6 Windsor Terrace, Douglas
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