Officer Report

Application No.: 15/00543/B Applicant: Mr & Mrs David Fallows Proposal: Creation of additional window to south elevation Site Address: Highcroft Station Road St Johns Isle Of Man IM4 3AH Case Officer : Miss Melissa McKnight Photo Taken: 14.07.2015 Site Visit: 14.07.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application is the residential curtilage of Highcroft, a single storey detached dwelling located on the western side of Station Road in St Johns. - 1.2 The site is bounded by walling to the highway and to neighbouring dwelling, Hillbre View. There is also an element of fencing between the application site and to Hillbre View.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the installation of a new window on the southern elevation that would serve a bedroom. The new window would be black PVC framed side opening.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications for alterations and extensions which have all be granted planning permission.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is in an area zoned as Residential under the St. John's Local Plan 1999. The site also lies within a proposed conservation area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered materially relevant to the assessment of this current planning application:

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:

• (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 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 German Parish Commissioners have no objection to the current planning application (03/06/2015). 6.0 CONSULATIONS

6.1 Submitted with the planning application is a letter dated 14th May 2015, date stamped received 15th May 2015 from the owners and/or occupiers of Hillbre View stating that they do not object to the planning application.

7.0 ASSESSMENT - 7.1 There are two key issues to consider in the assessment of this current planning application, the impact upon the residential amenity of Hillbre View and the impact upon the street scene and visual amenity of the locality and proposed conservation area. - 7.2 The new bedroom window would directly face a chimney stack of the neighbouring property, Hillbre View and overlook a paved area that currently accommodates a number of gas bottles that serve the neighbouring dwelling. From a site visit it did not appear that this area was being used as garden space. There is also an existing window on the northern elevation of Hillbre View which has obscured glazing and serves a bathroom. - 7.3 There is an existing element of overlooking between the properties given the low height of the shared boundary wall and therefore this application is judged to be fairly finely balanced with regards to whether the additional window would exacerbate existing achievable levels of overlooking to warrant a reason for refusal. - 7.4 Direct views of the northern elevation of Hillbre View would be completely attainable

• from the proposed new window as is the existing case from one simply using the pathway that runs alongside the southern elevation of the application dwelling or from one using the conservatory. However as previously mentioned the window would directly face a blank rendered chimney stack and would overlook an area that is not used as principal garden space. Further to this, there is an outbuilding that would almost completely block views from the new window into the rear garden of the neighbouring dwelling. It is also important to acknowledge that a bedroom would not be considered a principal room where would spend the majority of their time viewing from a window as one would from a lounge for example.
• 7.5 On assessment it is considered that the additional element of glazing on the southern elevation would not exacerbate existing levels to a degree to warrant a reason for refusal. It should also be acknowledged once more that the owners and/or occupiers do not object to the development.
• 7.6 The new window would not be overly visible within the street scene and is therefore not judged to cause harm the general public amenity or the visual amenity of the area.

8.0 RECOMMENDATION - 8.1 For the reasons set out above it is recommended the planning application be permitted.

9.0 PARTY STATUS - 9.1 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.

Recommendation Recommended Decision: Permitted Date of Recommendation:

15.06.2015

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 DWG. No. 01 date stamped as received 15th May 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 : 15.07.2015 Determining officer

Signed :……………M GALLAGHER…….. Michael Gallagher Director of Planning and Building Control