43294

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                                                 15/01130/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01130/B Applicant : Mr Alan Capon Proposal : Replacement and enlargement of rear conservatory to dwelling Site Address : 95 Ballamaddrell Port Erin Isle Of Man IM9 6AU

Case Officer : Miss S E Corlett Photo Taken : 05.11.2015 Site Visit : 05.11.2015 Expected Decision Level : Officer Delegation

Officer’s Report

THE SITE 1.1 The site is the residential curtilage of an existing dwelling situated in the estate of Ballamaddrell, a group of 137 bungalows which all lie between Station Road in Port Erin and the steam railway line. The houses are all similar in finish and form and many, including the application property, have hard surfacing in the front garden to provide vehicular parking.

1.2 The application property has a monopitch roofed conservatory at the rear which projects out 3.3m, is 2.2m wide, 2.6m tall to the apex and sits 100mm from the boundary with 93, Ballamaddrell. The neighbouring property, number 93 already has a conservatory at the rear which does not project back quite as far as does the existing and will the proposed conservatory on the application property. The neighbouring conservatory is set back from the boundary sufficient to make provision for access to the drainage and fuel line which run between that conservatory and the boundary.

1.3 Currently the application property conservatory is a lean- to with the surface water from the roof running down to the northern eaves where it is carried east to the drainage in the applicant's garden.

THE PROPOSAL 2.1 Proposed is the replacement of the existing conservatory with a new one which is in the same position but which projects out slightly less but is wider (4.3m) and taller (3.8m). The scheme has a 2.5m high wall facing 93, Ballamaddrell to effectively prevent inter-visibility between the properties. The wall projects out only as far as does the proposed conservatory. The proposal also involves the building out of the roof to provide a dormer spanning the width of the conservatory.

PLANNING POLICY AND STATUS 3.1 The site lies within an area designated on Area Plan for the South adopted in 2013 as Predominantly Residential. As such, the following provisions of the Strategic Plan are relevant:

Paragraph 8.12.1 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."

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:

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                                                 15/01130/B
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b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality."

PLANNING HISTORY 4.1 Planning approval was granted for the construction of a chimney stack under PA 86/00567/B.

REPRESENTATIONS 5.1 The neighbour at number 93 requested that she be visited and explained at the site visit on 5th November, 2015 that she had no issue with the proposed conservatory or wall but was concerned that the development will not adversely affect her fuel line and also did not fully understand how the surface water from the proposed roof will be dealt with as all drainage on the western side of the proposed conservatory belongs with her property not that of the neighbour. There are no gutters or drains shown on the application drawings.

5.2 Following discussion with the applicant, they have confirmed that the surface water will be discharged to within their own property and that the proposed conservatory will not impact upon the neighbouring property. The neighbour has been informed of this and has confirmed in writing that she is satisfied with this and would welcome a condition which requires all works to be undertaken within the applicant's property (10.11.15).

5.3 Department of Infrastructure Highway Services indicate that there are no highways implications (19.10.15).

ASSESSMENT 6.1 The works are at the rear and as such do not have any impact on the appearance or character of the property from a public perspective. Other properties in this row have conservatories of varying sizes and heights. The critical issue is whether the proposal and particularly the wall will have any adverse impact on the living conditions of those in the adjacent property. Number 93 already has a conservatory and the existing conservatory at the application site already sits adjacent to the boundary. The provision of a wall will remove the existing opportunities for inter-visibility and impact from lighting through the obscured glass, for example, and may help the relationship between the two properties.

6.2 The applicant has confirmed that the surface water from the development will be dealt with on their side and as such the application is considered to be acceptable.

PARTY STATUS 7.1 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, in this case, Department of Infrastructure Highway Services 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.

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                                                 15/01130/B
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Recommendation

Recommended Decision:

Permitted Date of Recommendation: 11.11.2015

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.

N 1. This approval does not authorise the undertaking of any works on, over and under land not within the ownership of the applicant.

This approval relates to 2399/PP/01, 2399/PP/02 and 2399/PP/03 all received on 12th October, 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 12.11.2015

Determining officer

Signed : M GALLAGHER

Michael Gallagher

Director of Planning and Building Control

Customer note

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