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| Application No.: | 13/91179/B |
| Applicant: | Philip James Pemberton |
| Proposal: | Erection of decking on flat roof kitchen extension (retrospective) and proposed boundary fencing |
| Site Address: | 12 Gib Lane Peel Isle Of Man IM5 1PD |
| Case Officer: | Miss Laura Davy |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Officer Delegation |
1.1 The application site is the curtilage of 12 Gib Lane, Peel which is a semi-detached property situated to the southern side of Gib Lane. The property backs on to 26 Stanley Road which is a three storey mid terrace property with a small yard to the rear. The rear wall of the single storey kitchen is the boundary between the application site and 26 Stanley Road. There is an access in the side elevation which opens onto a metre wide yard area which provides and emergency escape. The only outdoor amenity space is the flat roof kitchen area which is accessed by an existing door at first floor level.
2.1 The application seeks approval for the installation of timber decking and fencing on the flat roof of the kitchen. The decking and some of the fencing has been installed and this is a retrospective application.
2.2 Also proposed is the erection of fencing on the wall between the application site and 26 Stanley Road. The fencing would be constructed of timber and would be hit and miss. The fencing on the rear would be approximately 0.8m in height above the existing wall.
3.1 There are no recent planning approvals relating to the site.
4.1 The application site is within an area zoned as "Mixed Use" identified on the Peel Local Plan 1989, it is also within the Peel Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment 35 of the Isle of Man Strategic Plan (20th June 2007).
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; I) 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.
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.
5.1 Highways Division do not oppose
5.3 A letter was sent to the owner/occupier of 26 Stanley Road, Peel advising them of the development and requesting a response if they had any concerns with the development. We have not had any respons from them.
6.1 The application seeks retrospective approval for the erection of decking above the single storey kitchen. The main issues to consider in the assessment of the application is the use of this space, the impact upon the character and appearance of the Conservation Area and the impact upon the amenities of local residents. 6.2 The single storey kitchen is to the rear of the dwelling and the roof of which provides the only outdoor amenity space of the property which is accessed off the existing landing. The use of the roof as an outdoor amenity area in itself does not require planning approval, the erection of fencing and decking does however require planning approval. 6.3 The application site has a fairly unusual relationship in that the rear wall of the kitchen is the rear boundary shared with 26 Stanley Road. This results in those using the roof space being able to see into the rear yard area of 26 Stanley Road. 6.4 The historic setting of Peel results in properties at different levels and within a close grouping which does inevitably result in some level of overlooking and is typical within a number of areas within Peel. 6.5 The laying of the decking on the roof of the garage would not increase the level of overlooking and is not visible within the conservation area it is therefore considered that this
would not have a harmful impact upon the character and appearance of the conservation area of the amenities of the neighbouring properties. 6.6 There is existing fencing on both the side boundaries which are shared with 28 Stanley Road and 24 Stanley Road. This provides adequate screening and would not result in undue overlooking or loss of privacy to both of these neighbours. This part of the site is not overly visible from the public thoroughfares therefore having a limited impact upon the character and appearance of the conservation area. 6.7 Also proposed is the erection of fencing between the property and 26 Stanley Road. Whilst there would still be some level of overlooking of this property, it is considered that the erection of some fencing would limit the impact of overlooking and would not have an adverse impact upon the amenities of those occupying 26 Stanley Road. 6.8 The fencing would be approximately 0.75 m above the existing wall and would be in a hit and miss design it is considered that this would not result in a significant increase in height and would therefore not appear unduly overbearing or result in the undue loss of light to the occupiers of 26 Stanley Road. 6.9 For the above reasons the application is considered to be acceptable and is recommended for approval.
7.1 The local authority, Peel Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded party status. 7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded party status.
Recommended Decision: Permitted
Date of 02.12.2013
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. This permission relates to the installation of decking and the erection of fencing as shown in drawings location plan received 7th October 2013 and 01 Rev A received 11th November 2013.
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 : 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
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