DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01143/GB Applicant: Mr & Mrs Malcolm Ian & Julie Anne Joyce Proposal: Alterations and erection of extension, replacement windows with rear outlet, creation of garage, rear roof terrace and vehicular access Site Address: 5 Derby Road Douglas Isle Of Man IM2 3ES Planning Officer: Mr Hamish Laird Photo Taken: 11.12.2023 Site Visit: 11.12.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The vehicle parking space shown provided for the development, hereby permitted, both within and outside the garage on Drawing No. 1682.2 - Rev. 1 - Proposed Ground Floor Plan received 12 December, 2023, shall be provided prior to the first occupation of the extension and shall thereafter be retained and made available for vehicle parking at all times.

Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).

This application has been recommended for approval for the following reason. The proposal is considered to accord with the requirements of General Policy 2 g) and h); and, Environment Policies 35 and 36; and, is acceptable.

Plans/Drawings/Information; The development shall be carried out strictly in accordance with the following approved plans and details:

Site Location Plan showing the site edged red @ scale 1:1,250 - date received 28th September, 2023;

Drawing No. 1682.2 - Rev. 1 - Site Plan @ scale 1:500; Access plan @ scale 1:100; Proposed Ground and first floor plans, and proposed rear elevation - date received 12th December, 2023;

Interested Person Status

Additional Persons See also IPS for application 23/01142/CON. A representation was received from the occupants of: Derby House, 77 Derby Square, Douglas, Isle of Man, IM1 3LR

Which is the dwelling located directly opposite the site to the rear. The representation raised legitimate planning points relating to the proposed balustrade around the rear access lane boundary of the decked area; and, to the replacement of the bathroom window with a door. In both instances they considered that the balustrade and bathroom door should be obscure glazed. The relationship of the land meets the 20.0m distance requirement outlined in Article

4.2 in the Operational Policy on Interested Person Status - July, 2021.

Derby House, 77 Derby Square, Douglas, should be granted Interested Person Status. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is a 2 ½ storey inner terraced dwelling at 5 derby Road, Douglas, which has two dormers in its front facing roof-slope. It is the second from end dwelling on the south side of Derby road, just to the west of the Derby Road/Glen Falcon Road/Derby Square road junction. It is served by a rear access road immediately to the south which also runs to the rear of the terrace of dwellings at 63-77 Derby Road. Adjoining properties and those to the rear facing onto Derby Square are similar residential terraced dwellings. The site lies within the settlement boundary and is shown on Proposals Map 5 Douglas Town Centre in the Area Plan for the East (2020), where the site and surroundings are designated as 'Predominantly Residential'. The site lies within the Douglas (Windsor Road) Conservation Area, and is a Registered Building. - 1.2 At the rear of the property facing onto the access road is an approx. 2.2m high boundary wall fronting directly onto the access road which has a pedestrian access door in it. A rear extension under a mono-pitch roof facing end on to the access road houses a boiler room (closest to and attached to the boundary wall) utility room and kitchen. This extension steps in from the rear boundary wall by approx. 1.5 m and rises to two-stories in height, with again under a mono-pitch roof which is reflective of that over the boiler room at ground floor. The first floor element houses a bedroom with en-suite shower room. The kitchen/utility room and bedroom all have windows in the east facing elevation which look out onto the rear yard serving the dwelling and across the rear yard areas of 7 and 9 Derby Road; and, the rear aspects of dwellings to the south-east in Derby Square. There is no on-site parking serving the dwellings in the area, there is on street parking in the form of Disc Parking available. The site is within easy walking distance of the town centre and close to a bus route along Derby Road, Bucks Road and Broadway.

- 2.0 THE PROPOSAL

2.1 The current 23/01143/GB application seeks approval for: "Alterations and erection of extension, replacement windows with rear outlet, creation of garage, rear roof terrace and vehicular access". - 2.2 A corresponding application 23/01142/CON seeks approval for: "Registered Building consent for demolition elements to PA 23/01143/GB" - 2.3 The GB application involves:

• o The erection of an extension to the kitchen at ground floor level 1.725m wide x 4.84m deep with a flat roof over;
• o The removal of the existing boiler room and utility room, and the installation of a sectional garage door to create a single off-road vehicle parking space approx. 5.17m deep x

• 5.89m with access onto the rear access road;

• o The creation of a roof terrace by adding a flat roof over the existing yard to the side and rear of the present first floor bedroom and en-suite bathroom contained by an 1.1m high parapet wall, which would match the height of the existing mono-pitch roof ridge over the present boiler room and extend along the rear boundary with the access road;
• o The addition of a door in the rear elevation of the main part of the dwelling in place of the existing window to provide access onto the roof terrace; and, the erection of a parapet wall and glazed balustrade on the roadside boundary at first floor level approx. 1.4 m high above finished floor level.
• o Following email correspondence with the applicants' agent, the GB and CON applications were subsequently amended (12.12.23) to show a revised rear elevation drawing with a painted render finish.

- 3.0 PLANNING HISTORY

3.1 There are two previous planning applications relating to the property:

03/01660/B - Installation of timber sliding sash windows to replace existing to front elevation Approved - 16.12.0203. 02/02527/B - Installation of uPVC replacement windows to front and rear elevations. Refused on review - 20.05.2003. No Appeal.

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area recognised as being Predominantly Residential' in the Area Plan for the East (2020). The application site is within the Douglas (Windsor Road) Conservation Area.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 4.3 General Policy 2 states: "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 accords with the following relevant elements:

• (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;

• (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

4.4 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 4.5 Environment Policy 35 states: "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 Douglas Borough Council - This development must not prohibit the refuse bin from being removed from the highway to be stored within the curtilage of the property between refuse collections. No refuse bins should be stored on the highway. (13/11/23).

5.2 No comments from DoI Highway Services had been received by the Report drafting stage (11/12/23). - 5.3 One letter of representation has been received from the occupants of Derby Lodge, 77 Derby Square, Douglas. Whilst submitted in connection with the 23/01142/CON application, they are relevant to this application and are rehearsed and addressed in this Report. Concerns raised are:

"1. We object to the glass terrace barrier. This would allow a view directly through our kitchen roof windows, giving an unfortunate intrusion into our daily life and privacy. We request that the barrier should be solid to minimise this issue. This would have the advantage to the owners of the property of partially blocking their view of the back lane. The line of dustbins and the unfortunate frequently dumped rubbish is not pretty.

1. We also request that the door to the terrace from the bathroom should be frosted glass or solid so that we cannot see bathroom activities from our upper windows."

- 6.0 ASSESSMENT

6.1 Environment Policy 32 sets out planning policy with regard to development affecting Registered Buildings; whereas, Environment Policy 35 sets out the policy with regard to development within a Conservation Area. Environment Policy 32 states that development involving extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." Environment Policy 35 indicates that development would only be permitted within a Conservation Area if it would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development.

6.2 In this case, the proposal is for the removal of the existing boiler room and utility room at the rear of the dwelling, and this area and the remainder of the rear yard covered over with a flat roof. The rear boundary wall would be breached to allow vehicular access to be derived

from the lane, with a roller shutter door put in place. It is noted that similar such arrangements are in place at intervals along the access road to the rear of other dwellings in Derby Road. The change to provide the garage door would be the most obvious visual aspect of the development. The applicant has submitted a revised rear elevation drawing showing a painted render finish to the rear wall around the garage door. This is considered to be much more in keeping with the character and appearance of the area than the previously proposed stone panel finish. The change from the existing window in the rear elevation of the main part of the dwelling to an access door would be acceptable in terms of its visual impact given that it is set well back on the site and is screened by existing two-storey rear projections.

6.3 The removal of part of the mono-pitched roof over the boiler room and its replacement with a flat roof would not be greatly noticed as the side upstand of the existing wall would be retained. The other change to note would be the raising of the rear wall backing onto the access road to provide a clear glazed balustrade to the balcony/sitting out area. All other aspects of the development would be set between existing dwellings and would not be readily visible other than from directly in front of the property when viewing it from the access road. The main aspect of the dwelling worthy of preservation is the front elevation facing onto Derby Road. None of the elements of the development proposed are out front, they are all located to the rear where their visual impact is lessened as most other rear aspects of adjoining dwellings are similar. In visual terms regarding the built form proposed, the impact of the development on the character, fabric and setting of the Registered Building; and, the visual impact on the character and appearance of the Conservation Area, both are considered to be acceptable and the proposed development accords with the provisions of Policies GP 2 b) and c); and, Environment Policies 32 and 35 in the Isle of Man Strategic Plan 2016. - 6.4 Neighbouring amenity The main aspect of the development affecting neighbours residential amenities would be the use of the flat-roofed area over the existing rear yard and proposed garage as a balcony/sitting out area. The existing amenity area serving the dwelling (rear yard) is minimal, and this new area at first floor level would provide a greater degree of outdoor space serving the dwelling, while underneath it would provide the garage and cycle/bin store facility. The flat-roofed first floor area would mostly be contained between blank walled side elements attached the rear of dwellings either side of the application property in Derby Road. The main views out would be directly across the rear access road towards the rear boundary walls and rear aspects of dwellings to the south in Derby Square. It was noted during the Case Officer's site visit that one of the dwellings opposite already has a balcony/sitting out area to the rear. - 6.5 The comments received from the occupants of the dwelling at Derby Lodge, 77 Derby Square, which is located to the rear of the application dwelling across the access lane and has its rear aspect facing the site, are noted. The application would result in there being a decked area approx. 2.5 m above ground level (bearing in mind the ground level slopes gently downward from west to east along the line of the of the rear access lane) above and around which the 1.1m high, clear glazed balustrade is proposed to be erected on the rear access roadside elevation. This is the rearward most extent of the application dwelling. It is considered that applying obscure glazing to the balustrade as requested by the neighbour would not achieve screening of any views of the rear of No. 77 to any significant degree. This is because of the low level of the balustrade, (1.1m high) and occupants would ordinarily be standing against the balustrade should they wish to obtain views out from the decked area. - 6.6 The neighbours' comments in respect of applying obscure glazing to the new access door serving the existing bathroom that would provide access from the dwelling onto the decked area at first floor level, are noted. The exterior wall of the existing part of the dwelling containing the bathroom is set 10.0m back from the rear boundary - where the glazed balustrade would be - and any views out from the bathroom through the door would be across the level of the rear decked area, and the width of the access road before reaching the rear boundary of No. 77. (An approx. 15.0m distance). There would be no downward angle of view

• over this area from the doorway. As with the existing bathroom window, any views outward are curtailed by solid walls at first floor level on either side of the doorway, and the height of the existing window serving the bathroom reflects the height of the proposed doorway. There would be no net increase in overlooking of occupants of dwellings to the rear of the property such as No. 77, and those either side of it - either to, or from, this new door when placed in the existing rear wall of the house.
• 6.7 Whilst the neighbours' concerns are noted, it is considered that they are not of such significance as to warrant a refusal of the application. It is considered that, in respect of the impact on these and all other neighbouring dwellings occupants amenities, that the proposals accord with the provisions of Policy GEN2 b) and g); and, Policy ENV22 iii) of the Isle of Man Strategic Plan 2016, and are acceptable in this regard.
• 6.8 Vehicular access The proposals involve the installation of a vehicular access to serve the garage directly from the rear access road. DoI Highways has not commented on the application. Douglas Borough Council' s main concern is that refuse bins are not left on the access road where they would block it and prevent refuse vehicles from using the road. The proposal would enable wheelie bins to be kept within the curtilage of the application property as the rear yard area would be enclosed enabling this, and would also allow secure cycle storage to occur. As indicated in paragraph 6.2 above, it is noted that similar such arrangements are in place at intervals along the access road to the rear of other dwellings in Derby Road, and the precedent for providing a garage to serve a residential property in this locality has previously been established.
• 6.9 Any Highway Licences that may be necessary for any equipment and materials to be placed within the highway for the duration of the proposed works can be secured directly from Highways Services, and any such requirement does not need to be conditioned. This accords with the provisions of Policy GP2 (i) of the Isle of Man Development Plan (2016).

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application for the Alterations and erection of the extension, replacement windows with rear outlet, creation of garage, rear roof terrace and vehicular access, are acceptable in both planning and Registered Buildings terms in that they would not unduly detract from the character, fabric and setting of the RB; or, have an unacceptably adverse impact on the character of the Conservation Area given that the proposed works are to be undertaken to the rear of the building. The proposed works would not unduly impact on the use and enjoyment of neighbouring properties; or, adversely impact on highway safety; and would comply with the principles of General Policy 2, and Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2016. The planning and Registered Building applications are both recommended for approval. - 8.0 PARTY STATUS INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and

• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 07.02.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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