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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01140/B Applicant : Mr & Mrs Aaron McClatchey Proposal : Creation of a roof terrace with glazed screening to rear elevation Site Address : 10 Osborne Grove Douglas Isle Of Man IM1 3LE
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 09.01.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed form and material does not fit in with either the dwelling itself or the terrace it's a part of. This application is considered failing to comply with the Town and Country Planning Act 1989, General Policy 2 and Environment Policy 35 of the Strategic Plan, PPS 1/01 and the Residential Design Guide 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is within the residential curtilage of 10 Osbourne Grove, Douglas, a mid-terrace dwelling located on the west of the Osbourne Grove, which branches off from Windsor Road.
1.2 The main dwelling consists of three-storey pitched roof with a two-storey mono-pitched roof annexe on the rear elevation.
2.0 THE PROPOSAL 2.1 The proposed is the removal of the roof of the existing annexe and its replacement with a flat roof to make a roof terrace. The roof terrace will have artificial hedges and frosted glass screening that will be approx. 1.6m tall.
3.0 PLANNING HISTORY 3.1 There are no previous applications considered materially relevant to this application.
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4.0 PLANNING POLICY
Site Specific 4.1 In terms of local policy, the site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 The site is within the Windsor Road Conservation Area.
Strategic Policy 4.3 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
Principles of Developments 4.4 General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations."
4.5 Strategic Policy 1 states that development should make the best use of resources, including sites themselves as well as existing and planned infrastructures. This is seconded by Infrastructure Policy 1 by stressing that all development, unless of too small a scale, shall only take place in area which will ultimately be connected to the IRIS systems.
4.6 Strategic Policy 2 and Spatial Policy 3 echoes each other, stating that new development should be located primarily within existing defined settlements or sustainable urban extensions.
4.7 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest."
4.8 General Policy 2, which provides overall requirement for all development, 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: (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; (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."
Visual Design 4.9 Strategic Policy 3, Environment Policy 42 and Housing Policy 6 all focused on the visual design of developments, they states that the design should take account of the local materials, character and identity of its immediate locality, in terms of buildings and landscape features. Focused on landscaping.
4.10 Paragraph 4.3.11 of the Strategic Plan states: "a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development"
4.11 Environment Policy 35 states:
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"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This is also reiterated in CA/2 of PPS 1/01.
Environment 4.12 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
Safety and Security 4.13 Community Policy 7, 10 and 11 state that design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In additional, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
PPS and NPD 4.14 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation areas.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
Strategy and Guidance 5.2 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application.
5.3 RDG 1.1.9 states: "The document is not a Planning Policy Statement (as per Section 3 of the Town and Country Planning Act 1999) but is capable of being an 'other material consideration' (as per Section 10(4)(d) of the Act). Furthermore, where proposals adopt the approaches set out within this document, they are more likely to be considered to comply with the detailed Development Plan policies that relate to design. For example, General Policy 2 of the Isle of Man Strategic Plan (2016)."
5.4 RDG 1.2.1 states: "When considering any proposals for any new residential development (either a new dwelling or an extension), the following issues are normally relevant (see General Policy 2 of the Strategic Plan): o Potential visual impact upon the streetscene; o Potential impacts upon neighbouring properties, i.e.
Reduction of day light and increase of overshadowing,
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- Overbearing impact upon outlook, and/or
Overlooking resulting in a loss of privacy; o Potential impacts upon highway safety, i.e.
Loss of off-street parking due to proposed works / visibility splays, and
Adequate parking provision; and o Any site-specific issues/opportunities/constraints (e.g. the presence of trees)."
5.5 RDG 4.11 Roof Terraces, Balconies, Decking and Patios sets out some key considerations. It states that for terraced and semi-detached properties, it is unlikely to be acceptable; and for detached properties, it has to be carefully designed to avoid unreasonable overlooking of neighbouring properties (including gardens). Large separation distance and strategically placed screens may help avoid overlooking but may also cause loss of light or being overbearing to the neighbours. It may also have a visual impact on the street scene and the individual dwelling.
5.6 RDG Chapter 5 sets out key considerations regarding architectural details. These include window details and external finishing. The general idea is that development should fit in with the street scene and the building itself.
5.7 RDG Chapter 7 sets out key considerations regarding the impact on neighbouring properties. These include the potential loss of light/overshadowing, overbearing impact upon outlook and overlooking resulting in a loss of privacy.
Other Material Considerations 5.8 There are no other material considerations considered relevant to this application.
6.0 REPRESENTATIONS 6.1 Douglas Borough Council has no objection to this application (08/10/2021).
6.2 Highway Services state they do not object this application (07/10/2021). The comment states that there is "no significant negative impact upon highway safety, network efficiency and/or parking."
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
7.2 Roof terraces are not a typical element in Conservation Areas, nor are artificial hedges and frosted glass typical materials used in Conservation Area. In addition, the proposal would disrupts the existing rhythm of the rear of the terrace. Therefore, it is considered that the proposal would not preserve or enhance the character of the area and therefore fail the test. This creates a presumption against recommending approval.
Elements of Assessment 7.3 The key consideration in the determination of the application are impacts on the house itself, on the character and street scene of the area, and on the amenities of the neighbours.
Design of the House Itself 7.4 As mentioned in 7.2, the proposed roof terrace does not fit in with the existing building or materials. Therefore, it is considered that the proposal does not respect the design of the house itself.
Character and Street Scene
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7.5 As mentioned in 7.2, the proposal does not fit in with the existing terrace in form and material. Therefore, it is considered that the proposal would be a negative impact the character and appearance of the Area.
Neighbouring Amenities 7.6 Although the proposed privacy screen is higher than the roof the existing annexe, it would not be visible to the neighbouring property due to their own annexe. Artificial hedges and frosted glass are better at allowing light through than bricks and mortar. Therefore, it is considered that there is no concern for overshadowing or overbearing.
7.6 As the privacy screen is only 1.6m tall, it is considered that the roof terrace would create additional overlooking, as the end of the roof terrace is only approx. 6m from the annexe of terrace on Richmond Grove and approx. 11.6m from the terrace itself, which is under the "20m meter rule". It is therefore considered that the additional overlooking is not acceptable.
8.0 CONCLUSION
8.1 The proposal is considered failing to comply with the Town and Country Planning Act 1989, General Policy 2 and Environment Policy 35 of the Strategic Plan, PPS 1/01 and the Residential Design Guide 2021. Therefore, it is recommended for a refusal.
8.2 The proposed form and material does not fit in with either the dwelling itself or the terrace it's a part of.
9.0 INTEREST PERSON STATUS
9.1 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 which 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.
9.2 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. __
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 : Refused Date: 17.01.2022
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Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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