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20/01362/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01362/B Applicant : Miss Jenny Bury Proposal : Creation of a terrace and replacement of an existing window with patio doors Site Address : 46 Banks Howe Onchan Isle Of Man IM3 2ER
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit : 08.12.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.01.2021 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The alterations would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
Plans/Drawings/Information; This approval relates to drawings referenced; 01, 02, 03, 04, 05, 06, all date stamped received on 18 November 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of No.46 Banks Howe, Onchan. The property is a detached bungalow, with parking to the front located at the end of a cul-de-sac.
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20/01362/B Page 2 of 4
To the rear of the property is a elevated conservatory projecting off the rear elevation. To the rear (south) of the site is the boundary with No.11 Howe Road.
2.0 THE PROPOSAL 2.1 Proposed is the creation of a raised terrace parallel with the rear (south) elevation across its width. The terrace would be accessed from the existing conservatory and the installation of a patio door in lieu of an existing window.
2.2 The scope of works are solely to the rear (south) elevation.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area recognised as being predominately residential use under the Onchan Local Plan 2000 There is one policy within the written statement (Planning Circular 1/2000) that accompanies the Onchan local Plan that is considered specifically material to the assessment of planning application:
3.2 Policy O/RES/P/21 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."
3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
3.4 General Policy 2 (GP2) (in part) 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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality;
3.5 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 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."
3.6 Other Material Considerations The Department has recently published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This includes specific guidance on rear and side extensions in Section 7.0 titled; Impact on Neighbouring properties.
4.0 PLANNING HISTORY 4.1 96/01721/B - Erection of conservatory. Approved.
5.0 REPRESENTATIONS 5.1 Onchan District Commissioners commented (22/12/20) seeking a deferral until 11th January. In light of the current COVID lockdown measurers issued on 6th January until 21st January. This meeting will not have happened.
5.2 Highways Services do not object (No Highways Interest) 11.12.20
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20/01362/B Page 3 of 4
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) visual impact of the proposed development; (GP2(b) & (c)) (ii) the impact upon the amenities (overlooking, loss of light; over bearing impact, privacy and visual amenity) of the neighbouring properties. (GP2(g))
6.2 (i) Visual impact The works to are predominately to the rear (south) elevation and would not allow for any public views from the Highway at the front. The alteration to a patio door from a window in the same opening would be an acceptable addition if the terrace is deemed acceptable. The proposed terrace would run part of the width of the property (approx. 8m long) and project out into the garden no further than the existing conservatory (2.5m). The terrace would be bound also have a glazed balustrade 1.1m in height from along its length. Stair access would be provided on the east elevation. This aspect is deemed to be an acceptable form of development that is proportionate to the dwellinghouse and complies with those sections of General Policy 2(b) & (c).
6.3 (ii) Neighbouring amenities With regard to the above, the level and scale of development proposed are considered to be relatively minor and not judged to cause harm to the enjoyment of the neighbouring amenity. With regard to any aspect of overlooking towards the rear neighbour (no.11 Howe Road), the intervening distances between rear elevation of the existing conservatory and that of the rear elevation of no.11 is approx. 23m. The boundary between the two properties is 2.0m high fence and in addition is mature hedging, planting and trees approx. 2.2m high. Given the topography and levels between the two sites, when standing in the existing conservatory, it is only the upper proportions of the roof of No.11 that is visible.
6.4 It was further noted from the site visit the differences in levels between the two properties and on balance the current level of overlooking would not be exacerbated any further than the current situation from the rear windows or that of the projecting conservatory. Whilst the terrace could be seen to formalise an area, the intensity of this use, would arguably only be enjoyed in good weather and the level of overlooking from the existing conservatory could be achieved all year round. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the alterations would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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20/01362/B Page 4 of 4
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
9.0 OTHER MATTERS The LA have requested an extension of time and not yet commented, but noting the nature of the application and the length of time available for comment it is not considered necessary to defer it. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 15.01.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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