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23/01409/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01409/B Applicant : Mr Gary Butters Proposal : Demolish existing single storey rear extension, and replace with larger footprint, two storey extension. Front porch extension. Remove part of front boundary wall to create new driveway and extend existing dropped kerb. Site Address : Lily Cot Queens Terrace Laxey Isle Of Man IM4 7HE
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.03.2024 __
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 access and parking areas approved as part of the scheme shall not be brought into use until the parking and access, including visibility, have been provided in accordance with drawing No. 02P rev 1 received 21 February 2024.
The boundary treatments heights on the approved plan must be implemented before first use of the driveway.
The parking and turning area shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling, and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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C 3. Prior to the commencement of the development hereby approved, the drainage details at site entrance, and details for drainage management and surfacing for the driveway shall be submitted to and approved in writing by the Department.
Surface water runoff from the new driveway must drain into the existing private surface water drain and not onto the public highway.
The surfacing of the driveway must be of consolidated and bound material.
The development shall not take place other than in accordance with the agreed details and shall be permanently retained thereafter in accordance with the approved scheme.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. The proposals accord with General Policy 2, Environment Policy 42, and Transport Policies 6 and 7 of the IOM Strategic Plan 2016, and the principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the application site, neighbouring properties, and the character of the area. The proposal would also not result in adverse impacts on biodiversity, as well as parking and highway safety.
Plans/Drawings/Information; This decision relates to the flowing documents and plans:
o Cover Letter; and Drawing Nos. 01P, 03P, and 04P, received 3 December 2023;
o Correspondence between Agent and DEFA Biodiversity received 4 January 2024;
o Bat Survey Report received 7 February 2024;
o Correspondence between Agent and Manx Utilities Drainage received 20 February 2024;
o Drawing No. 02P Rev 1, received 21 February 2024; and
o Correspondence from Agent on Highway Drainage received 1 March 2024. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Drainage __
Officer’s Report
1.0 APPLICATION SITE 1.1 The application site is the residential curtilage of Lily Cot, a two-storey end-terrace dwelling located on the Queens Terrace, Pinfold Hill, Laxey. The property features a lean-to roofed utility room projecting out at the back. There is no parking provision on site.
1.2 The property sits immediately adjacent to the main road and sits at a lower level to its rear garden and the properties which sit directly northeast at Ballacannell Estate, Laxey, which are set on a considerably higher elevation than the ground level of the property.
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1.3 The nearest properties surrounding the application site are Nos. 15 to 16 Ballacannell Estate which sit to the northeast; Poppy Cottage to the south, and 'Holly Cot' which shares the northern boundary with the application site with two storey rear elevation sitting further forward of the rear elevation of the existing dwelling on the application site by about 3.7m. To the northwest are agricultural fields, which includes a long narrow stretch of agricultural field attached the residential curtilage of the dwelling.
2.0 THE PROPOSAL 2.1 Planning approval is sought to demolish existing single storey rear extension, and replace with larger footprint, two storey extension, Front porch extension, Remove part of front boundary wall to create new driveway and extend existing dropped kerb.
2.2 The proposed rear extension would project 2.2m from the rear of the dwelling (similar to the existing single storey utility room, and be 5.5m wide at the widest point on the rear elevation. This two storey rear extension would be 6m tall to the roof ridge (4.4m to the eaves). Its pitch roof would be finished in grey slate tiles similar to the existing room on the main dwelling. The externals wall would be finished in smooth render similar to the existing. New windows to be white UPVC double glazed units similar to existing.
2.3 On the front elevation, a new pitch roofed porch extension would be created over the entrance door. This extension would measure 1.6m on the sides and 2m on the front, with height set at 2.6m to the top of the ridge (2m to the eaves). The roof would also be finished in grey slate tiles, while the external walls would be finished in smooth render. New door on front porch to match existing entrance door on main dwelling.
2.4 Other works proposed would include removing part of front boundary wall to create new driveway and extend existing dropped kerb. The existing outbuildings situated south of the main dwelling will be removed to enable the works. This new parking area would measure 6m long (from the highway edge) and 5.5m wide, with a pedestrian access area directly adjacent (to the north) measuring 3.2m long and 900mm wide. New flag steps would provide access from the pedestrian access area to the front garden level. A new retaining wall 750mm high with balustrade to be 1.1m high would be set at the back of the parking area. 2.5 A stone wall running along the rear garden would be removed to enable the creating of the parking area and extension of garden within the curtilage.
3.0 LANNING POLICY 3.1 Site Specific 3.1.1 The site is located within an area designated as being Predominantly Residential on the Area Plan for the East (Map 7 - Laxey), and the area land beyond the curtilage is in the countryside and within a Green Gap on the Area Plan. The site is not within a Conservation Area or Registered Tree Area, and there are no registered trees on site. The site also has low likelihood of flood risks.
3.2 National: STRATEGIC PLAN (2016) a. General Policy 2 - 'Development Control' considerations. b. Paragraph 8.12.1 - General presumption in favour of extensions to existing properties (excluding Conservation Areas or Registered Buildings). c. Strategic Policy 1 - Efficient use of land and resources. d. Strategic Policy 3 - Development to safeguard character of existing towns and villages. e. Strategic Policy 5 - Design and visual impact. f. Environment Policy 4 - protects biodiversity (including protected species and designated sites). g. Environment Policy 42 - character and need to adhere to local distinctiveness. h. Transport Policy 7 and Appendix A.7.6 - Parking Provisions. i. Community Policy 7 - Designing out criminal and anti-social behaviour. j. Community Policy 10 - Proper access for firefighting appliances.
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k. Community Policy 11 - Prevention for the outbreak and spread of fire.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The application site has been the subject of a previous planning application for installation of replacement uPVC windows to front of property under PA 99/02015/B, which is not considered to be specifically material to the assessment of this current planning application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 DOI Highways services have indicated that they do not oppose (DNOC) the application subject to conditions that (23 February 2024):
6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They further note that there is insufficient data enclosed to demonstrate compliance with the above clauses (7 February 2024).
6.2.1 In response to the comments made by DOI Highways Drainage, the applicant's agent has provided correspondence to indicate that the applicant is willing to install storm drainage channel at the edge of the driveway, where the kerb is to be dropped (1 March 2024).
6.3 Manx Utilities Drainage has indicated that they would accept the proposed drainage at the site provided a two pipe system which to separates the foul and surface water before it is discharged into the combined system in their correspondence dated 15 February 2024.
6.3.1 Following receipt of the comments from Manx Utilities Drainage, the applicants have provided correspondence to confirm that they accept the request by MU Drainage on proposed drainage system on 20 February 2024.
6.4 The DEFA Ecosystem Policy Team confirm that the Manx Bat Group's Bat Report is all in order and that a suitable level of assessment has been undertaken. They note that the Manx Bat Group found no evidence of bats within the building and determined that roosting bats were not present, therefore mitigation for bats is not required. However, they advise the applicant to remove the ridge tiles by hand and lift them off directly, not lever or compress them, to avoid potential harm to bats which may be present underneath. They request that should bats or evidence of bats be found before or during the work, then the work must stop and advice be obtained from the Ecosystem Policy Team on 01624 651577 (8 February 2024).
6.5 Garff Commissioners have no objections to the application (12 January 2024).
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6.6 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are; I. The impact of the proposed development on the character and appearance of the existing dwelling and that of the street scene; II. The impact of the proposal on the neighbouring properties; III. Impacts on Biodiversity; IV. Impact on Parking and Highway Safety; and V. Drainage Matters
7.2 Character and Appearance (GP2, EP 42, & STP 5) 7.2.1 In assessing the visual impact of the proposed works, it is noted that the elements of the works that would be noticeable from the immediate street scene is the reception of the front porch and the, and the alteration of the front boundary wall to enable the creation of the parking area with the required visibility.
7.2.2 In the case of the proposed porch, it is considered that this element of the proposal is a reasonably minor level of development, given its size and scale. It is also considered that the form of the porch which would have a pitch roof over, and the material finish would be keeping with the overall appearance of the dwelling, and surrounding street scene. From review of the surrounding street scene, it is considered that there are a number of dwellings already installed with a similar front porches, which serve to reinforce the traditional appearance of the dwellings. Therefore, it is considered that the front porch would be in keeping with the general residential character of the area.
7.2.3 With regard to the visual impact of the proposed boundary alterations to create the new parking area, it is considered that General Policy 2 of the Strategic Plan requires new development to respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. The frontage of the application site as existing is largely characterised by the boundary walls which run along the frontage of the properties on the western side of the main road, with breaks created to allow for vehicular and pedestrian accesses to the properties. What is proposed here would involve the removal of part of the boundary wall, and a modest section of the plantings within the font garden of the property to provide the proposed parking spaces and required visibility. As such, it is considered acceptable within the street scene; given that the site frontages here allow for breaks; which would mean that the works would be in keeping with the character of the immediate vicinity. Accordingly, it is considered that this element of the proposal would be an appropriate form of development not resulting in an adverse visual impact upon the street scene.
7.2.4 In terms of the impacts of the works proposed to the rear of the property, it is considered that the two storey rear extension would not be readily visible from the street scene when passing along the highway. Besides, the design of the proposed extension and material finish would be in keeping and deemed to respect the dwellinghouse. Whilst it is noted that it would have been more appropriate to keep the ridge level of the extension below the roof ridge of the main dwelling (to make it subservient), its position at the rear would ensure that there are no views from public vantage points in the area. Thus, the height would not result in adverse impacts on the existing dwelling.
7.3 Impacts on Neighbouring Amenity (GP 2 & RDG 2021) 7.3.1 With regard to the impact of the proposal upon neighbouring amenities (overlooking, loss of light and overbearing impact), it is considered that the property most likely to be impacted would be the direct neighbour to the north, 'Holly Cot' which shares the northern boundary with the application site. However, it is not considered that there would be any adverse impacts from the two storey rear extension, as the proposed extension would still sit
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further back of the two storey rear outrigger on this neighbouring dwelling, being positioned about 1.5m behind this rear outrigger. Thus no overbearing impacts would result.
7.3.2 It is also considered that the new windows, particularly those at first floor level will have significantly limited views of the rear garden of this neighbour, due to the orientation of this neighbouring garden, the projecting rear outrigger which sits beyond the rear building line of the new extension, as well as the existing boundary treatment along the northern boundary of the application site.
7.3.3 Similarly, the raised nature of the rear gardens of the properties on the southern side of Ballacannell Estate would ensure that the extension appears sunken when viewed from the rear gardens, with the height of the extension subdued by the rising site level towards the northern boundary. Likewise, overlooking would not result from the development due to the raised site levels of this neighbouring rear gardens, with the existing boundary treatment further serving to diminish any concerns with overlooking.
7.3.4 The works on the front boundary wall and garden will not exacerbate the conditions beyond that which already exists between the application property and its neighbours and as such would not have detrimental impacts on the neighbours.
7.3.5 Therefore on balance, it is considered that the proposal is acceptable in relation to impact on neighbouring properties and complies with General Policy 2of the Strategic Plan, and the requirements of the Residential Design Guide 2021.
7.4 Impacts on Biodiversity (GP2, EP4 & EP5) 7.4.1 In terms of impacts on ecology or biodiversity within the site, it is important to establish that if any real harm would result with respect to ecological and environmental concerns, it would only relate to the removal of rear outriggers which hold the potential to house bats. In this case, the scheme is supported by a Bat Survey which notes that there is low potential for bats to reside underneath the roofs. This report has been commented on and accepted by DEFA Ecosystems Officer, who note that mitigation for bats is not required, and in this respect it is felt that the application has satisfied the principles of Environment Policy 4.
7.5 Impact on Highway Safety (GP 2 h&i, TP 7, and TP6) 7.5.1 In terms of impacts on highway safety, it is considered that the new access facilitate access and manoeuvrability into and out of the highway, as has been demonstrated on the submitted plans which have been reviewed by DOI Highways and deemed acceptable. It is also noted that acceptable visibility splays are achievable on both sides of the driveway with the new access providing visibilities similar to those achievable in the vicinity given the constraints offered by the existing boundary treatments in the vicinity.
7.5.2 Similarly, the scheme would provide for two on-site parking areas on site, which would meet the requirements of the Strategic Plan in an area where parking is highly limited. Additionally, the width of the new access would facilitate pedestrian access alongside vehicular access due to its width and as the slope created would be easily navigable, and these are in the interest of highway safety. As such, the requirements of Transport Policies 6 and 7 would be met with the proposal.
7.5.3 Based on the foregoing, it is considered that the development would not result in adverse parking and highway safety impacts, and would meet the requirements of General Policy 2 (h & i), and Transport Policies 6 and 7.
7.6 Drainage Matters (GP 2L). 7.6.1 In respect of drainage, it is noted that the scheme includes supporting correspondence which indicates how surface water and foul water would be managed for the entire site, and which is in line with the recommendations of Manx Utilities Drainage, which is the relevant
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drainage authority. As such, it is considered that the submitted information satisfies Manx Utilities Drainage concerns, and in turn the requirements of General Policy 2 (l).
8.0 CONCLUSION 8.1 Overall, it is considered that the design, highway impacts and visual impacts are acceptable, and the proposal would not result in significant harm to public or private amenity. The application is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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.
9.3 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 : 04.03.2024
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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