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Within the adopted Isle of Man Strategic Plan, the following policy is considered to be relevant to the assessment and determination of this application: General Policy 2, Paragraph 8.12.1
The application is a re-submission following a refusal of a scheme (10/00919/B) at appeal on the 3rd March 2011.
The application is essentially the same as the previous application apart from the inclusion of a 1.8m high glass balustrade on the boundary of No.13 Queens Avenue. This is to address the concerns of the previous proposal in relation to the impact on the residential environment of No.13 Queens Avenue. The independent inspector made the following comments on such a suggestion:
"In written representations, the appellant suggest that an alternative to the wall would be an obscure glass balustrade some 1.8m high. To my mind, that would not only prevent loss of privacy, but avoid significant harm to visual amenity as the glass would present a lighter appearance and mitigate the perception of being an overbearing structure. There may still be some overshadowing effects due to the height of the balustrade, but I suggest that situation would have a minimal effect on the living environment of the adjoining residents. Indeed, that situation appears to have been acceptable when a similar scheme was agreed with an obscure glass balustrade at first floor level at No.1 Alexander Drive as indicated in the appellant's representations."
The noted the appointed person's comments in relation to the alternative proposal and that his decision is without prejudice to the submission of a new application in respect of such a proposal.
The applicant has submitted the scheme. In light of the inspector's comments, the proposal is unobjectionable and would not adversely affect the residential environment of No.13 Queens Avenue.
In respect of the impact on the residential environment of No.15 Queens Avenue, the proposed extension would be set to the north of No.15 Queens Avenue. The proposed garage will project approximately 300mm above the boundary wall. The proposed sun lounge and balcony will be set 1.9m away from the boundary of the neighbouring property. The proposed sun lounge will project 1.2m closer to the boundary of No.15 Queens Avenue than the existing conservatory. The proposed works will not cause any significant harm to the residential environment of No.15 Queens Avenue in terms of overshadowing, loss of light and visual intrusion.
The application is proposing a window in the side elevation of the sun lounge, which will directly face towards No.15 Queens Avenue. The window will be obscure glazed. The roof terrace will be set 1.9m away from the boundary of the neighbouring property. On the roof terrace will be a 1.5m wall which will restrict the occupants to the roof terrace and will not allow access to the flat roof above the garage.
The independent inspector agrees that the proposed development would not cause significant harm in terms of overlooking, loss of light or visual intrusion due to the orientation of the properties and the proposed use of obscure glass in the southern elevation of the new lounge.
In respect of the impact on the visual amenities of an un-named service lane to the rear of the application site, the lane is public highway. The existing conservatory is visible from the public highway. The proposed sun lounge will be highly visible from the lane. It should be noted the proposed extension is significantly larger than the existing structure. The proposal certainly is does not seek to preserve the character and appearance of the area, as the existing structure is to be demolished. However, the existing structure is of poor quality and does not have any architectural merit. On balance, the proposed extension would be an improvement compared to the existing structure. On balance, it is considered the proposal can be regarded as an enhancement and would not adversely affect the visual amenities of the locality.
It is recommended that planning permission be granted subject to conditions.
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 09.05.2011
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 permission relates to alterations and extensions to rear elevation as shown in drawing numbers AT 1060.1, AT 1060.2, AT 1060.3 and location plan date stamped 18th March 2011.
C 3. The window to be formed in the south facing wall of the extension shall only be glazed or re-glazed with obscure glass.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Director of Planning a Building Control.
Decision Made: Permitted Date: 12/5/11
Signed: [Handwritten signature] Senior Planning Officer
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