Officer Planning Report

Planning Report And Recommendations {{table:487344}} ### Considerations {{table:487342}} ### Written Representations ### Consultations {{table:487343}}

Officer's Report

The Application Site And Proposed Development

The application site comprises the residential curtilage of an end-terrace dwelling that is located on the corner of Elm Drive and Elm Tree Road in Onchan.

The proposed development comprises the erection of a conservatory onto the rear elevation of the dwelling.

Planning History

The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:

Planning application 09/00900/B sought approval for the erection of a conservatory onto the rear elevation of the dwelling. This previous planning application was refused on the 24th July 2009, with the reason for refusal being:

> "By reason of its extent relative to the existing arrangement of windows on the neighbouring property the proposed development would cause unacceptable harm to the residential amenity of 4 Elm Drive. As such, the proposal is contrary to Policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007."

At the time of writing there is a valid appeal against the refusal that has yet to be heard.

Representations

Onchan District Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application.

Planning Policy

In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/21 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."

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 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."

Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.".

Assessment

The planning application seeks approval for the erection of a conservatory onto the rear elevation of the dwelling. The proposal is a revision of the development proposed by previous planning application 09/00900/B and seeks to address the reason for refusal of that previous planning application. The current proposal was the subject of pre-application discussion with the applicant.

The current proposal reduces the overall height of the conservatory from that proposed by the previous planning application. Given this level of reduction and the fact that the application site is set below the adjoining property it is considered that the impact of the proposal on that adjoining property is now acceptable, with the current proposal suitably addressing the reason for refusal of the previous planning application. As such, the impact of the proposed development on public and private amenity within the surrounding area is acceptable and the proposal accords with Policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007.

It is recommended that the planning application be refused.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

The Department of Transport Highways Division; and The Department of Transport Drainage Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : 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 drawing no.s 01,02 and 03 rev. A date stamped the 8th September 2009.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 14.06.2009 Signed Senior Planning Officer