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15/00411/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00411/B Applicant : Mrs Denise Quayle Proposal : Removal of existing terrace balcony and erection of a conservatory Site Address : Baytrees Pinfold Hill Laxey Isle Of Man IM4 7HN
Case Officer : Mr Jason Singleton Photo Taken :
Site Visit : 29.04.2015 Expected Decision Level :
Officer Delegation
Officer’s Report
APPLICATION SITE 1.1 The application site is the residential curtilage of a detached dwelling with an attached garage, Baytrees, located on Pinfold Hill. The property appears to be two storied from the front elevation but three stories at the rear. The land to rear of the house (garden) is relatively narrow and falls away sharply down towards the tram lines below.
THE PROPOSAL 2.1 The extent of the works is contained to the rear elevation of the property facing East over the Manx Electric Railway Lines and mature trees.
2.2 Proposed are the demolition of an existing raised timber wooden terrace (4.0m(L) x 2.7m(W) and staircase which leads into the rear garden area. In its place is proposed the erection of a white framed uPVC conservatory with glazing all round with a hipped roof. On the South Elevation is proposed white uPVC French doors with a 1100 high stainless steel and glass Juliet balcony.
2.3 The conservatory measures 3.2m (W)x 5.0m(L)x 3.0m(H) on an elevated platform built off steelwork beams and columns. The proposed floor level is to correspond to the existing floor level of the dining room which would lead into the proposed conservatory through new internal doors.
PLANNING HISTORY 3.1 The application site has not been the subject of any previous application that is considered specifically material to the assessment of this current planning application.
PLANNING POLICY 4.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this application.
4.2 General Policy 2 states; "Development which is in accordance with the land use zoning and proposals in the Area Plan and with other policies of this strategic plan will normally be permitted, provided that the development":
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15/00411/B
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b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; e) does not affect adversely public views of the sea; g) does not affect adversely the amenity of local residents or the character of the locality; i) does not have an adverse effect on road safety or traffic flows on the local highways;
REPRESENTATIONS 5.1 The Department of Infrastructure Highway Services has not commented.
5.2 Lonan Parish Commissioners recommend approval for the current planning application. (12/05/15)
ASSESSMENT 6.1 The main issues to consider in the assessment of this current planning application are the visual effects of the proposal on the living conditions on the neighbouring dwelling (Rock Side) and the visual impact on the character of the house. Any assessment will need to consider both the overbearing effect of the proposed conservatory and the overlooking issues associated with it.
6.2 It is considered that the conservatory would be a modest addition in size to the existing dwelling. The neighbouring property (Rock Side) has an existing conservatory of similar size, fully glazed with a sloping roof. The boundary treatment between the two properties is a mature hedgerow around 2m high.
6.3 The proposed conservatory sits centrally within the rear elevation with access off the dining room. However, it is elevated some 2m above the ground level to correspond to the existing floor level of the dining room, separated by new internal opening doors.
6.4 In considering the impact on the residential amenity the elevated position of the conservatory would allow views over the neighbouring property, Rock Side, and into their conservatory. It is also proposed to install uPVC French doors, opening inward with a glass Juliet balcony. Whilst there is around 9m between the conservatories the perception of overlooking has to be considered. Given there has been an existing balcony in place for some time, there is already a perception of overlooking with a degree of loss of privacy. However, the use could be considered as infrequent or weather permitting, whereas a conservatory could be utilised to a greater frequency all year round increasing this perception. Taking into account the distance between the two properties, the layout of the properties within their own respective curtilages it is not perceived there would be a loss of any natural light or overshadowing. Overall, this material consideration is not considered detrimental to the occupant's residential amenity of Rock Side.
6.6 Considering the impact on the public amenity, as previously mentioned, the Manx Electric Railway Lines are to the rear. Given the topography and existing boundary hedging, public views of the conservatory would only be observed when travelling on the tram in the direction from Laxey to Douglas or when crossing the tram lines along the public footpath to the shore. From the Highway at the front of the property it would not be possible to observe any part of the proposed conservatory on the rear elevation. As there is a limited view point for the general public, it is not considered to be detrimental to the surrounding residential area.
6.7 On the balance of probability whilst there are some obvious visual impact on the public amenity and private amenity, there is no highway safety or other obvious material planning considerations. The design and finish of the proposal is appropriate for the existing dwelling and street scene. The proposal is concluded to accord with the provisions of policy
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15/00411/B
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L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007.
RECOMMENDATIONS 7.1 For the reasons set out above, the proposed development is deemed acceptable and recommended for approval.
INTERESTED PERSON 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; and (e) The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.05.2015
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.
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'This approval relates to drawing no.1711-01 date stamped as received 16th April 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; 26.05.2015
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15/00411/B
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Determining officer (delete as appropriate)
Signed :... Chris Balmer
Senior Planning Officer
Signed : Sarah Corlett
Sarah Corlett
Senior Planning Officer
Signed :... Michael Gallagher
Director of Planning and Building Control
Signed :... Jennifer Chance
Head of Development Management
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