Officer Report

Application No.: 14/01054/B Applicant: Mr & Mrs Peter Pierce Proposal: Erection of extension to replace existing conservatory Site Address: 2 The Grove Peel Isle of Man IM5 1LB Case Officer : Miss Melissa McKnight Photo Taken: 17.09.2014 Site Visit: 17.09.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of 2 The Grove, Douglas Street, Peel. The Grove is a small housing development consisting of 7 dwellings, this was approved in 1999. The dwellings are arranged around a courtyard parking area and are all different in size, style and design but all are of traditional character and appearance. - 1.2 No. 2 The Grove is a three storey semi-detached property which adjoins No. 3 The Grove. No. 3 The Grove is set back slightly from the front elevation of the application property, but projects approximately 5m beyond the rear elevation of 2 The Grove. The application property has an existing conservatory off the rear elevation which is built up against the side elevation of 3 The Grove which projects much further.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of a lean to extension to replace the existing conservatory. The extension would measure approximately 3 metres in length, approximately 4 metres in width and would have a maximum height of 3.4 metres. The extension would be finished with smooth painted render to match the existing; the roof would be finished with slate. - 2.2 The existing conservatory has a length of 3 metres, width of 3.9 metres and overall height of just less than 3.3 metres.

3.0 PLANNING HISTORY - 3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

4.0 PLANNING POLICY - 4.1 The application site is within an area zoned as Mixed Use under the Peel Local Plan

1. As previously mentioned, the site also lies within the Peel Conservation Area. Planning Circular 6/89, the written statement that accompanies the Local Plan, contains two paragraphs that are considered specifically relevant to the assessment of this current planning

application:

• Paragraph 9.15 states: "The character of the Conservation Area should be encouraged by positive schemes of action which will apply to areas and individual buildings and include the historic pattern of streets and spaces."
• Paragraph 9.16 states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting."

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered relevant to the assessment of this current planning application:

"General Policy 2: 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."

"Environment Policy 35: 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."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Services do not oppose the current planning application (28/01/2015). - 5.2 Peel Town Commissioners recommend that the application should be approved (19/02/2015). - 5.3 The owner/occupier of Bridge House, Glenfaba Road, Peel has objected to the

• application. The main concerns are loss of light/overshadowing to the downstairs kitchen window and to a lesser extent the upstairs window. The drawings do not show the position of the windows which will be affected at 3 The Grove. They feel that the proposed extension would result in at least 50% of overshadowing of the kitchen window. There is already existing overshadowing from the existing neighbours' shed, they feel that the extension would result in further overshadowing and loss of light. They also note that there is a lack of clarity in the application as to the effect of the proposed development on the gable wall (29/09/2014).
• 5.4 The owner/occupier of 81 Guinness Court, Mansell Street, London who is also the coowner of 3 The Grove, Peel objects to the application. They object as they have not been consulted, the extension would project 1.4m beyond the existing wall and so would overlook the garden of 3 The Grove, and reducing the already restricted amount of light. The extension beyond the existing gable wall will be visually intrusive and ugly. The extension beyond the existing gable wall will inevitably require foundations to be laid in the garden of 3 The Grove. No permission has been given or sought for such construction. Both houses are timber framed and the planning application makes no reference to the integrity of the shared wall (29/09/2014).

NB: On submission of the planning application, original plans proposed an extension measuring approximately 5.1 metres in length and 4 metres in width. The extension would have projected 1.4 metres beyond the rear elevation of No. 3 The Grove. The extension would have had a mono-pitch roof so there would have been a wall of approximately 4.5m in height adjacent to the boundary of the adjoining property. Since the above representations were made, amended plans were submitted proposing an extension as outlined under paragraph 2 of this report.

6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of the application are the impacts upon the character and appearance of the Peel Conservation Area and the impacts upon the owners/occupiers of 3 The Grove. - 6.2 The proposed extension would be finished to match the existing dwelling and is considered to be in keeping with the property. The proposed extension would not be overly visible from the main public thoroughfare or even from the front and side of the property. Given that the proposed extension would be in keeping with the property and would not be overly visible from the public thoroughfares it is considered that the proposal would not have an unacceptable impact upon the character and appearance of the Peel Conservation Area. - 6.3 The proposed extension would be set 0.8 metres behind rear elevation of the neighbouring property as is the existing conservatory. It is considered that given the design, size and position of the new extension, the proposal would not adversely affect the residential amenity No. 3 The Grove and would have no more impact upon the living conditions of the neighbouring dwelling than the existing conservatory.

7.0 RECOMMENDATION - 7.1 Overall it is concluded that the planning application accords with Paragraph 9.15 and 9.16 of Planning Circular 6/89 and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and is therefore recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order

2013 the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person:

The owner and/or occupier of Bridge House, Glenfaba Road; impending part-owner of the application site. The owner and/or occupier of 81 Guinness Court, London; co-owner of the application site.

Recommendation Recommended Decision: Permitted Date of Recommendation:

27.04.2015

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 approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to DRAWING No:- PP/1/15A date stamped as received on 25th March 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 03.06.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management