Officer Report

Application No.: 15/00683/B Applicant: Mrs Cherry Hartopp Proposal: Blocking up side elevation window Site Address: 24 Ballachurry Close Onchan Isle Of Man IM3 4BE Case Officer : Mr Chris Balmer Photo Taken: 02.07.2015 Site Visit: 02.07.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of the detached property 24 Ballachurry Close, Onchan which lies to the eastern corner of the turning head of the residential cul-desac of Ballachurry Close, south of Ballachurry Avenue.

2.0 PLANNING STATUS - 2.1 The application site is located within an area identified as being Predominantly Residential by the Onchan Local Plan Order 2000. The site is not within a Conservation Area. Within the adopted Isle of Man Strategic Plan 2007, the following policy is considered relevant in the assessment and determination of this application: - 2.2 General Policy 2, which 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."

3.0 PLANNING HISTORY - 3.1 There are no previous planning application is considered relevant in the determination of this application.

4.0 REPRESENTATIONS - 4.1 Onchan Commissioners have recommended an approval (received on 01.07.2015).

5.0 THE PROPOSAL - 5.1 This application seeks approval for the blocking up side elevation window and internal alterations.

6.0 ASSESSMENT - 6.1 The main issues to be considered in the assessment of this application are the impact of the proposal on the existing dwelling, any potential impacts upon neighbouring properties and any impacts upon the surrounding area. - 6.2 In terms of the existing property, the works would have very little impact upon the visual appearance of the existing dwelling and would have no impact upon the visual appearance within the street scene given the position of the works which face away from the street and are no apparent from public views. The proposal would block up an existing window which has potential views over the neighbouring garden. The removal of this window would be beneficial to the amenities of the neighbouring occupants. Overall it is considered the blocking up of the window is acceptable. - 6.3 It is noted that the proposed floor plans show internal alterations which appear to create ancillary accommodation. This was initially discussed with planning officers at the time of the application was being 'booked in' to ascertain whether the proposal created a separate dwelling. It was consider the works did not form a separate dwelling given the physical link between the main dwelling and the new accommodation and its positioning, which would require any persons from having to utilise the same garden and parking spaces. Overall, it is considered the proposal from this aspect is also acceptable. - 6.4 It is noted a new patio door is being installed to the side elevation. This can be undertaken by Permitted Development as the opening is not being altered. Currently the opening is infilled with a window with uPVC cladding infill below.

7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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.

"With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".

Recommendation Recommended Decision: Permitted Date of Recommendation: 28.07.2015 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The new kitchen, new bedroom, new living room and new wet room as shown on drawing 1506-02 may be used only in association with the main dwelling house "24 Ballachurry Close" and for purposes incidental to the use of main dwelling house "24 Ballachurry Close " as a single dwelling and for no commercial purposes.

Reason: the dwelling is within a single residential plot within an area of similar developments. The application does not propose to create separate units of accommodation within the site and has not been considered as such.

This approval relates to drawing reference number 1506-01 and 1506-02 both received on 18th June 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.

Decision Made : Permitted Date : 28.07.2015 Determining officer

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