Officer Planning Report Recommendation

Planning Report And Recommendations {{table:476214}} ### Considerations {{table:476210}} ### Written Representations ### Consultations {{table:476211}} {{table:476212}} {{table:476213}}

Officer's Report

Site

The application site forms the residential curtilage of 53 Larivane Meadows, Andreas, which is a two storey semi-detached property, located on the eastern side of Larivane Meadows, north of Andreas Village.

Land Use Zoing / Planning Policy

The application site is within an area recognised as being an area of ‘proposed residential’, under the Isle of Man Development Plan Order 1982, the site has now been development. The site is not within a Conservation Area, nor within an Area of High Landscape or Coastal Value and Scenic Significance.

• Isle of Man Planning Scheme (Development Plan) Order 1982
• The Isle of Man Strategic Plan (20th June 2007)

Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:-

General

Policy 2: 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;
• (I) 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.

Planning History

There are no previous planning applications which are considered relevant in the assessment and determination of this application.

Proposal

The application seeks approval for the erection of a conservatory to the rear elevation. The proposal would have a rear projection of 4.6 metres, a width of 3.3 metres and a ridge height of 3 metres,

Representations

Andreas Parish Commissioners:- "No objection" Highways Division:- "Do not oppose" The Drainage Services Manager makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Authority has received no privately written representations objecting to the application.

Assessment / Recommendation

Regarding the proposed conservatory, consideration needs to be taken to that the proposal would not have an adverse impact upon the residential amenities (overlooking, overbearing and/or loss of light) of the neighbouring property, namely Nr 55 Larivane Meadows.

Firstly, the proposal overcomes potential concern of overlooking resulting in a loss of privacy, due to obscure glazing being proposed within the southern elevation of the conservatory which faces the boundary shared with Nr 55. Additionally, the 1.8 metre high boundary fence would also help reduce overlooking.

Secondary, is the potential of the proposal having an overbearing impact upon the outlook of the neighbouring property. The proposal would project 4.6 metres from the rear elevation. However, given the height of the boundary fence in relation to the conservatory height, given conservatory is a light weight single storey structure, and as the proposed ridgeline (highest point) would be setback approximately 2 metres from the boundary, it is considered the proposal would not have a significant impact by having an overbearing impact upon the amenities of the occupiers of Nr 55. Additionally, for the above same reasons, it is considered no significant loss of light would be lost to Nr 55.

RECOMMENDATION

It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), for the reasons set out in this report, accordingly, it is recommended that the application be approved.

PARTY STATUS

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

• Lezayre Parish Commissioners
• Department of Transport Highways Division
• The Drainage Services Manager

Recommendation Recommended Decision: Permitted Date of Recommendation: 10.06.2009 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 permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the erection of a conservatory as proposed in the submitted documents and drawing 09-J027-01, 09-J027-02 and 09-J027-03 all received on 15th April 2009.

C 3.

Obscure glazing (Grade 5) shall be installed in the south elevation of the conservatory window and shall be kept and maintained thereafter.

N 1.

There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.

It should be noted that it is an offence under Manx legislation to permit the discharge of pollution or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : 2565 Committee Meeting Date : 13/08/09

Signed : 2565 Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

VES/NO