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The application site represents a detached dwelling situated on a corner plot facing onto Ballanard Road with its right-hand side facing onto Port-E-Chee Avenue, Douglas. The front of the dwelling looks onto the property Lancaster Court whilst the dwelling to the left is 21 Ballanard Road. The dwelling is occupied at present.
The site is located within the Douglas and falls to be considered with regard to the Douglas Local Plan Order 1998, Map No. 3 (North). The site is identified as 'Predominantly Residential'. The application seeks full detail approval for the removal of an existing front wall and the erection of a replacement wall with electric gates, driveway amendments and the enlargement of existing windows to the side elevation. As such the proposal also falls to be considered under the following permitted development orders:
The Town and Country Planning (Permitted Development) Order 2005 – Class 21 Installation of replacement windows and doors
The Town and Country Planning (Permitted Development) Order 2005 – Class 18 Walls
The following previous planning applications relate to this site:
03/0138/B - Erection of a conservatory to rear elevation – Permitted
05/92241/R - Retrospective application for the installation of a velux window on south east elevation and removal of chimney stacks - Permitted
The application seeks full detailed approval for the removal of an existing front wall and the erection of a replacement wall with electric gates, driveway amendments and the enlargement of existing windows to the side elevation. The existing front wall is relatively low with Ligustrum sp. (privet) hedging planted on top. Both the wall and the hedge are in generally poor condition. It is proposed that the two windows to the south-east elevation be enlarged by increasing the length of the vertical opening.
The Manx Electricity Authority do not object to the application provided that underlying cables in the area highlighted for the proposed works are diverted, in accordance with Health and Safety Guidance. However these cables are identified by the MEA to be in the pavement and NOT within the site of the development. They are not therefore relevant to this application
Douglas Corporation has no objection to this application. The Highways Division make no comment on this application. There have been no private representations in relation to this application
The application seeks full detailed approval for the removal of an existing front wall and the erection of a replacement wall with electric gates, driveway amendments and the enlargement of existing windows to the side elevation.
The Town and Country Planning (Permitted Development) Order 2005 – Class 21 Installation of replacement windows and doors states, 'The installation of a window or an external door in an existing aperture in a dwelling house' is a permitted development under the condition that 'No alteration may be made in the size, shape or position of the aperture.' This application seeks to enlarge the size of the existing aperture and must be judged on its visual impact and impact on amenity. In terms of visual impact, it is unlikely that this alteration will have any negative impact to the view of the property from Port E Chee Avenue. The enlargement of the windows will largely be screened by the existing boundary wall of the dwelling. This elevation of the dwelling faces onto Port Chee Avenue and as such is adequately distanced from neighbouring properties. It is not considered that this will bring any loss of amenity to neighbouring properties.
The Town and Country Planning (Permitted Development) Order 2005 – Class 18 walls, allows for erection of walls within, or on the boundary of, the cartilage of a dwelling house with the exception of where such walls would exceed , in the case of a wall nearer to any highway which bounds the cartilage of the dwelling house than part of the dwelling house nearest to that highway. The proposed wall measures and so must be considered in terms of its visual impact and the effect upon the amenity of surrounding dwellings. The existing wall is in poor condition and detracts from the street scene. It has a hedge growing from the top which is also in poor condition. It is accepted that the proposed replacement would improve the street scene and have a positive visual impact for the area. Class 18 Walls, also requires the following conditions to be met:
a) natural Manx stone traditionally laid, or b) facing brickwork topped with a coping at least 50mm deep, or c) rendered brickwork or rendered block-work topped with a coping at least 50mm deep.
It is also required that the finish of the wall must match the external finish on the major part of the dwelling house. This application proposes the use of Manx stone for the pillars of the wall with rendered walls between. This will satisfy the condition of the wall’s construction materials and finish. The design and dimensions of the gates are considered appropriate to the site and act to improve the quality of the street scene.
It is not considered that the height of 1.83m of the wall will cause any loss of amenity to surrounding dwellings given the improvement in visual quality and the distance of any neighbouring dwelling with a view towards the site. It is also noted that the combined height of the existing wall and hedge is similar to the proposed wall.
In terms of the excavation of the driveway to form a courtyard, it is assessed that there will be no adverse impacts on amenity or the visual quality of the site.
It is recommended that the application be permitted.
It is considered that Douglas Corporation and the DOT Highways Division are afforded Party Status
Recommended Decision: Permitted
Date of Recommendation: 08.01.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 the drawing numbers 02021/1, 02021/2, 02021/3, 02021/4, 02021/5, 002021/6, photo sheets x 3, gate details, photograph as submitted as pa 06/02021/B
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 17/1/07
Signed: M. I. McCauley Director of Planning and Building Control
Prepared by Stephen Stanley. Endorsed by E. Hunder, despite the rather confusing drawings.
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