DEC Officers Report

Case Officer: Mr Edward Baker Photo Taken: Site Visit: 04.09.2013 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is 'Elgin', Jacks Lane, Port E Vullen, Maughold. The site comprises a traditional detached dwelling, forming part of a small group of dwellings to the south east of the main village. The dwelling has a frontage with Jacks Lane to the east from which it is accessed. It is set in spacious grounds with a large garden to the front and side. At the back of the dwelling is a tall privet hedge beyond which the land rises where there is an old redundant poultry shed.

1. The dwelling shares its access with the building to the rear and with the adjacent house which is situated next to the site to the immediate north. Behind the neighbouring dwelling is what appears to be a nursery building. There is a small stone outbuilding at the rear of the dwelling. The site and neighbouring property are relatively open with little in the way of physical boundary to demarcate the two properties, somewhat giving the impression of shared space. However, there is no indication that the two properties are in the same ownership.

The Proposal

1. The application seeks planning approval for the erection of a large single storey rear extension to provide additional living accommodation. The existing stone outbuilding will be demolished. The floor plan initially showed an open plan kitchen/lounge and additional ensuite bedroom. The extension would be finished in materials to match the existing house.

1. The applicant has described the intended use of the extension as follows:

'The applicant's requirements encompass a number of uses mostly aimed at future accommodation for their growing children or guest accommodation for family and friends from off island. It could also in the future serve as granny flat accommodation for parents should they require looking after on a more permanent basis. The extension is attached to the main house and forms an extension to that of the existing living accommodation.'

1. The applicant has confirmed that there is no desire to separate the extension from the house, or segregate the garden or create a separate a vehicular access or entrance to the

Application No.:	13/90966/B
Applicant:	Mr & Mrs Tim Foster
Proposal:	Alterations and erection of extension to dwelling
Site Address:	Elgin Jacks Lane Port E Vullen Ramsey Isle Of Man IM7 1AW

property. Amended plans have been received which remove the kitchen from the extension; the plans have been circulated for information only.

PLANNING HISTORY

1. 08/00675/B - approval granted in 2008 for conversion of outbuilding into dwelling.
2. 07/01794/B - application refused in 2008 for conversion of outbuildings into dwelling.
3. 05/00773/B - approval granted in 2005 for amendment to scheme to convert former poultry shed into two units of tourist accommodation.
4. 04/01371/B - approval granted in 2004 to convert former poultry shed into two units of tourist accommodation.
5. 03/01142/A - approval in principle granted in 2004 for conversion of storage shed into two units of tourist accommodation and new access drive.
6. 02/01655/B - approval granted in 2002 for replacement UPVC sash windows.
7. There are various even older planning decisions, none of which are considered directly relevant to the current proposal.

PLANNING POLICY

1. The area is within an Area of High Landscape or Coastal Value and Scenic Significance and Private Woodland as defined by the Isle of Man Development Scheme (Development Plan) Order 1982.
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;

is approximately 7 metres. As mentioned, there is no physical boundary between the two properties and none is proposed by the application. The north east elevation facing the neighbour has probably intentionally been kept largely blank so as not to give rise to mutual overlooking between the extension and neighbouring house.

1. Considering the potential impacts in more detail, there is to be a glazed entrance door and small en-suite bathroom window on the north east elevation of the extension. The door serves a lobby and corridor and would not itself give rise to overlooking. The en-suite bathroom window could be fitted with obscured glazing to ensure no overlooking (this is actually considered necessary in case the internal layout of the extension was changed with the window serving a habitable room). The two roof lights on the north east elevation will be high level and would not result in any adverse impact.
2. Having regard to these points, it is considered that the extension would not give rise to mutual overlooking between the two properties. Furthermore, the scale, form and position of the extension are such that it should not give rise to any harmful loss of sun or day light, or any unacceptable overbearing. There would be some loss of outlook experienced by the neighbour but this would not be substantial, particularly bearing in mind that there is already an outbuilding, albeit smaller, in the location where the extension is to be built.

Other matters

1. The floor layout of the extension could have been construed as providing separate accommodation, such as a granny annex, consequently amended plans have been requested and received so that the extension is not self contained and has reliance on facilities in the rest of the house. Furthermore a condition is recommended to ensure that completely independent accommodation is not formed. The applicant has confirmed that they would have no objection to this condition.
2. The Conservation Officer has looked at various photographs of the existing dwelling and notes that the original building has been subject to a number of alterations. He does not believe that the building should be registered.

RECOMMENDATION

1. It is recommended that approval is granted.

PARTY STATUS

1. The local authority, Maughold Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
2. The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
3. The occupiers of Glebe Cottage, Kirk Maughold do not live close to the site and should not be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 19.09.2013

28 October 2013 13/90966/B

C : Conditions for approval

N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : 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 129681 (site location plans), 12968 2, 129683 (existing) and 129685 (proposed first floor plan) received on 14 August 2013; and Drawing Number 12 968 4A (proposed ground floor plan and elevations) received on 14 October 2013.

C 3. The extension hereby approved shall not be used other than as accommodation incidental to the habitable use of the existing house and shall not be occupied as a separate and independent planning unit.

C 4. The window on the north east elevation of the extension, shown as serving an en-suite bathroom on the approved plans, shall be fitted at all times with obscured glazing.

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 : 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