Planning Authority Appeal Statement

Department of Local Government and the Environment Isle of Man Government Railiya Zilan Vannin Rheynn Reiltys Ynnydagh as y Chymmyltaght Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF email: [email protected] Tel: (01624) 685947 Fax: (01624) 686443 Director of Planning & Building Control M.I. McCauley, M.R.T.P.I. --- Mr A Johnstone Planning Appeals Administrator Crown Division Chief Secretary's Office Government Offices Douglas IM1 3PG Please reply to Anthony Holmes, Planning Officer, BA(Hons) DipTP(UC) MRTPI --- 21st January 2010 Your ref: L01NEW/AP09/0176 Our ref: 09/01647/B Dear Mr Johnstone, Re: PA 09/01647/B – Alterations and erection of extensions to dwelling house. 52 Howe Road, Onchan. Please find enclosed 7 copies of a statement that sets out the position of Planning Authority in respect of the above planning application. The statement comprises of the case

officer's report which was considered by the Senior Planning Officer when determining the application. The recommendations in the report were accepted in all respects.

Yours sincerely,

Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer

enc.

Appeal statement on behalf of the Planning Authority

Appeal no: L01NEW/AP09/0176 Planning application no: 09/01647/B Subject: Alterations and erection of extensions to dwelling house. 52 Howe Road, Onchan. Appeal by: Third party against the Planning Authority's decision to grant planning approval. Statement prepared by: Mr A Holmes BA(Hons) DipTP(UC) MRTPI, Planning Officer

Part 1 - Planning Officer's report

Considerations

Consulttee:	Highways Division
Notes:	Do not oppose has no traffic management, parking or road safety implications.
Consulttee:	Onchan Commissioners
Notes:	Approved.
Consulttee:	Drainage Division
Notes:	No objection

Application No.:	09/01647/B
Applicant:	Mr Mike & Mrs Jane Emery
Proposal:	Alterations and erection of extensions to dwelling house
Site Address:	52 Howe Road Onchan Isle Of Man IM3 2AZ

Written Representations

Case Officer:	Mr A Holmes
Photo Taken:	18.11.2009
Site Visit:	18.11.2009
Expected Decision Level:	Senior Planning Officer

Consultations

50 Howe Road Onchan Isle Of Man IM3 2AZ

Objects to the proposal

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on the southern side of Howe Road in Onchan. The proposed development comprises alterations and erection of extensions to the dwelling. PLANNING HISTORY

Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

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.

The owners and/or occupants of 50 Howe Road, which is located directly adjacent to the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal will overshadow and adversely affect existing levels of light enjoyed within their property, to the detriment of their residential amenity. They suggest that bringing the extension close to the boundary will be detrimental to the street scene and that the applicant could achieve similar extension without such impact.

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 alteration and erection of extensions to the dwelling. The proposal comprises the erection of a flat roof extension onto the side of the dwelling and the replacement of an existing conservatory with a sun room on the rear of the dwelling.

As can be seen, there are two elements to the proposal and it is considered that the replacement of the existing conservatory with a sun room on the rear of the dwelling has limited impact and is unobjectionable. It is the proposed extension onto the side of the dwelling that is of concern to the neighbours. Having viewed the location of the proposal on site and from within 50 Howe Road it is considered that due to a combination of its size, location and the orientation of the site the impact of the proposed development on residential amenity will not be affected to an extent that warrants refusal of the planning application. Given its size and form it is not considered that the proposed extension will result in a terracing appearance along Howe Road and, as such, the amenity of the street scene is unharmed by the proposal.

Overall, it is considered that 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 approved.

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:

Onchan District Commissioners;

24 November 2009

09/01647/B

The Department of Transport Highways Division; The Department of Transport Drainage Division; and The owners and/or occupants of 50 Howe Road.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 24.11.2009

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 HLK/09/0288/1, HLK/09/0288/2, HLK/09/0288/3 and HLK/09/0288/4 date stamped the 7th October 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 : Signed : Senior Planning Officer