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The defined application site forms the curtilage of number 10 Kionslieau Terrace, Foxdale. The property is two storey, semi detached, with a fenced rear garden area and garden area and off street parking to the front.
The site is located within an area identified as Predominately residential in The Foxdale Local Plan, Planning Circular 5/99.
There have been no previous applications in relation to the property that are considered relevant to this application.
The application proposes the construction of a conservatory to the rear elevation. The conservatory would be constructed adjacent to the boundary with the adjoining property, thereby taking access from the existing rear patio doors. The conservatory would be constructed with a pitched roof and double doors to the rear.
The Department of Transport Drainage Division advise of no objection subject to condition and Patrick Parish Commissioners raise concerns regarding the proximity of the conservatory to the adjacent properties.
The occupiers of number 9 Kionslieau Terrace object to the proposal on the grounds of loss of privacy, proximity of the conservatory to the boundary and loss of light. In addition they raise concerns regarding loss of value to their property, which is not a planning consideration.
In assessing an application were development is proposed directly adjacent to a boundary with an adjoining property, consideration is given as to whether the proposal will adversely impact on the residential amenity of adjacent occupiers to such a level that warrants a refusal of the application. In this particular application, consideration is therefore given to loss of privacy and loss of light.
With regard to loss of privacy, within this development, rear garden areas are separated by relatively low, open fences. Therefore, relatively high levels of mutual overlooking between gardens and the rear of properties already exist. Within the provisions of the Permitted Development Order, a fence of up to 2m high may be erected between properties which would reduce such overlooking, but in any case, in this particular application the applicant has verbally advised that they would be content with a condition that requires obscure glazing to be inserted in the conservatory in the elevation adjacent to the adjoining property. It is considered therefore that any additional overlooking that may occur would be overcome by such a condition.
The conservatory is proposed to the north of the adjacent property and it is therefore considered that there will be no loss of light to the neighbouring property sufficient to warrant refusal of the application.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Patrick Parish Commissioners Department of Transport Drainage Division The owners/occupiers 9 Kionslieau Terrace
Recommended Decision: Permitted
Date of Recommendation: 28.04.2007
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 approval relates to the plans and information submitted as part of this application and date stamped 7th February 2007.
C 3. The glass in the side elevation next adjacent to number 9 Kionslieau Terrace, must be glazed in frosted glass, to be in situ prior to the completion and use of the conservatory. Such glazing must be retained thereafter.
The level of obscuration used on this elevation must be no less than Level 5 as detailed in the Pilkington's textured glass range or equivalent.
C 4. There must be no discharge of surface water to the main foul sewer.
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 : 16/07
Signed : M. I. McCauley Director of Planning and Building Control
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