Planning Committee Appeal Statement

Appeal Statement on behalf of the Planning Committee

Appeal No: 2712 P.A. No: 05/01362 Subject: Erection of a roof terrace / garden above the existing flat roofed garage. Applicant: Mrs A Clayton Appeal: By the applicant against the Planning Committee’s decision to refuse planning permission

Statement on behalf of the Planning Committee

1. This statement sets out the facts relating to the current planning application and supports the Planning Committee’s decision to refuse the application.

The Site

1. The site is located between Summer Hill Road to the west and Strathallan Lane to the east. The property is part of a row of six, three storey terraced properties which run along Summer Hill Road. To the rear of these properties runs Strathallan Lane which gives rear access for the residents.

1. The site falls within an area zoned as “Predominantly Residential use”, on the Onchan Local Plan Order 2000.

1. The property has a flat roofed, attached garage to the rear of the site, which has direct access onto Strathallan Lane.

1. The boundary treatments with the neighbouring properties 112 and 116 Summer Hill Road consists of 2.2 metre high stone walls (approximately).

1. The applicant’s property is directly opposite the rear neighbouring property Strathallan Hill Cottage.

1. The attached garage projects a distance of 9.6 metres from the existing rear wall of the dwelling.

1. The garage is attached via the dwelling by a 2 metre wide single storey building.

The Development

1. The application proposes the formation of a roof terrace / garden above the existing rear garage.

1. The proposal includes the erection of 1 metre high timber or uPVC posts around the edge of the garage roof with the installation of 1 metre high frosted safety glass fence infilling between the posts.

1. The maximum length of the existing garage roof proposed to be converted into a roof terrace / garden will be 6.8 metres, with a width of 5.57 metres.
2. The proposal is accessed via the existing spiral staircase only.
3. Installation of a new roof and parapet wall which would seem to modestly increase the height of the existing roof / floor level, and therefore increase the overlooking impact upon the neighbouring properties.

The Application

1. The application was received by the Planning Department on the 21st July 2005 and notice thereof was given in the local press on the 4th August 2005.
2. When the application was initially considered, objections or comments had been received from the following:

i. Department of Transport ii. Onchan Commissioners

1. The Department of Transport Highways Division advised that they considered there are no adverse traffic impacts arising from the proposed development.
2. The Onchan District Commissioners considered the application and have recommended an approval.
3. The application was initially considered on the 23rd September 2005 by the Planning Committee. The application was refused and a notice issued on the 23rd October 2005 (see Appendix 1)
4. A Review of this decision was requested by the applicant.
5. The Committee reviewed its initial decision on the basis of written representation on 18th November 2005. The Committee resolved to confirm the initial decision and a notice was issued on 23rd November 2005 (see Appendix 2.

1. The applicant now appeals against this decision.

Planning History

1. There have been no previous applications on this land.

Assessment

1. The Planning Committee in considering the proposal took into account the principle of the conversion of existing flat roof of the garage into a roof terrace / garden, but also the following points which were judged to be a material consideration. Namely,

a. the impact on the neighbouring properties of No 112, 116 Summer Hill Road and Strathallan Hall Cottage from overlooking resulting in a loss of privacy, and b. the impact on public amenity of the works.

1. The Committee concluded that there would be little or no impact on public amenity.

1. In respect of the impact on the neighbouring property of 112 Summer Hill Road, the roof terrace / garden will increase the possibility of overlooking into the neighbours rear yard / garden area even with a 2.2 metre high stone wall which runs along the boundary, as can be seen in the photographs submitted by the applicant, the proposal would remove most if not all of the neighbours privacy in there own rear garden / yard due to adverse overlooking.

1. The same issue of overlooking is also apparent if not more so, regarding the neighbouring property at 116 Summer Hill Road, who's rear yard / garden is directly adjacent to the applicant garage wall (side boundary), which causes a greater issue of direct overlooking.

1. The proposal will also cause overlooking with the neighbouring property Strathallan Hall Cottage to the rear of the site. At present the closest window on the rear elevation of 114 Summer Hill Road with Strathallan Hall Cottage is 27 metres, however due to the rear projection of the applicant's garage this distance would be reduced to 14 metres which also gives a direct view through the patios doors and into the lounge of Strathallan Hall Cottage.

1. As previous mentioned due to the garage having a rear projection of 9.6 metre away from the main body of the dwelling, the proposed roof terrace/ garden would also increase the opportunity of overlooking into the neighbours rear windows, especially the adjacent neighbours 112 and 116 Summer Hill Road.

1. For these reasons, the Planning Committee considers the proposal by reason of its position and extent of projection of the garage the proposal would lead to significant overlooking of adjacent rear garden areas and into neighbouring rear windows. It is considered that such overlooking would detract from the residential amenity currently enjoyed by adjacent occupiers.

Recommendation

1. The Planning Committee recommends that the appeal by the appellant be dismissed and that the review decision of the Committee be upheld for the reasons stated on the notice dated 23rd November 2005.

1. If, however, the Inspector is minded to recommend to the Minister that the application is approved, the Planning Committee would suggest that the following conditions are attached to the approval notice:

i. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

ii. The erection of the screening must be completed, prior to any usage of the roof terrace.