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The application site forms the curtilage of 30 Douglas Street, Peel, a three storey terraced property with attic accommodation. Access to the rear of the property is via a pedestrian/vehicular access that provides a thoroughfare for pedestrian and vehicular access to the rear of properties facing onto Douglas Street.
The application site is located within the Peel Conservation Area and within an area zoned as Mixed Use.
In addition to the general policies within the adopted Isle of Man Strategic Plan, the following policy is considered to be relevant:
Environment Policy 35: 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.
There have been a number of previous planning applications in relation to the application site the following of which are considered relevant:
PA 07/00747/C – Change of use of ground floor residential rooms to cafe, 30 Douglas Street. Approved 7th September 2007.
PA 07/00749/C - Change of use from retail to a café, 30 Douglas Street. Approved 7th September 2007.
PA 07/00750/B – Convert one first floor residential use to use as a holistic therapy centre and provision of associated off road parking top rear, 30 Douglas Street. Approved 7th September 2007
The application proposes the construction of two terraced areas, which would result in the rear garden area of the property being terraced up to the elevation of the rear garage.
The Department of Transport Highways Division advise that they do not oppose the application. The owner of 32 Douglas Street has submitted representation which relate to drainage issues, but also that the application indicates that the terracing of the rear garden will match the height of the adjacent property, however, the adjacent property only enjoys a small raised rear garden area, which gives access to the rear entrance to the property and does not continue to the full length of the garden.
The main consideration in this application relates to the visual impact of the raised terrace area within the context of the Conservation Area and whether there will be any adverse impact on the residential or visual amenity of the adjacent occupier. The proposed terraced area would be constructed 1m above the existing ground level, in order to provide a level area from the rear of the property to the rear access lane with steps leading from the rear of the property to the higher level garden area.
The adjacent occupier has objected to the proposal on the grounds that the raising of the garden level will result in surface water run off to his garage and that his garden is below the level of the adjacent garden and therefore the information submitted with the application is incorrect. Photographs taken indicate that firstly, there is adequate screening between the properties and secondly, the proposed works would result in an improvement in the visual appearance of the garden area within eth Conservation Area.
As such subject to Condition, the proposal is considered to be acceptable.
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:
Department of Transport Highways Division
Mr J F Kerruish, 32 Douglas Street, Peel
Recommended Decision: Permitted
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 Drg No's 01; 02; 03 and 04 submitted as part of this application and date stamped 27th June 2007.
N 1. The applicant is advised to ensure that adequate measures are in place to avoid surface water run off to neighbouring properties.
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: 30/11/07
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
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