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THE SITE The site represents a piece of land which fronts onto Bay View Road. The site is part of the curtilage of 21, Belgravia Road which sits to the rear.
The site lies within an area designated on the Onchan Local Plan as Residential.
Planning permission was granted in principle for the erection of a dwelling on this land under PA 04/1070. This permission referred to the submitted drawing reference 04/2064/02 which showed a dwelling footprint on a line roughly drawn between the forwardmost part of the adjacent properties, leaving a building line of around 3.7m.
Proposed is the erection of a dwelling on the site. The application is a full detailed application not one for matters reserved from the approval in principle.
The dwelling is set on a building line which appears to be as close to the footway as 1m (including the roof overhang) but the main facade of the building is further away - nearer to 4m. The design of the new house is unashamedly modern with a seamed roof, stainless steel balcony and copper/zinc panel above the projecting bay. This modern approach seems not to have favour with the neighbours - there are objections from numbers 5 and 9 and the local authority on the basis that the design would be out of keeping with the streetscene, combined with its orientation which is parallel with the road rather than stepped back from it (although this is not strictly true as the facade is stepped back in three stages although the roof and upper floor does not follow this), the orientation of the ridge - front to back rather than side to side. The objections also include overlooking from the northern balcony and the rear external staircase.
The applicant has clarified that the design of the building emanates from a desire for a modern structure, involving significant areas of glazing and shading to protect the occupants from excessive light in summer months but maximising sunlight in winter months.
The design does not impinge upon the privacy of the neighbours due to the location of the property further forward on the plot than number 5 and where the balcony on the side elevation will overlook the front garden which is already fully visible from the road.
The design is unashamedly modern and has clearly been designed with environmental factors in mind (sunshine and shade). I do not feel that the design would be so out of keeping with the rest of the streetscene as to warrant refusal of the application. The inclusion of the overhanging canopy is clearly something which is integral to the success of the scheme and its omission is not justified on the grounds of breaching the building line as the façade of the building does not do so.
The tree which according to the objector has been removed, was not significant in size and trees are not a prominent feature in the streetscene.
Any permission granted should be subject to suspension of the Permitted Development Order so that the design of the property may not be compromised by ad hoc additions or changes and the privacy of the neighbours may not be compromised.
The Department of Transport and 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.
Fire Prevention Officer and Isle of Man Water Authority raise matters relating to the Building Regulations and to supply and not material planning concerns and as such should not be afforded party status in this instance.
The occupants of number 5 and 9 Bay View Road are immediately alongside the property and as such should be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 14.02.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of a dwelling as shown in drawings reference 01 and 02 both received on 6th December, 2006.
Prior to the commencement of works on site, the applicant must have approved by the Planning Authority a sample panel of the external finishes of the dwelling.
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
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)
Signed: M. I. McCauley Director of Planning and Building Control
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