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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00009/B Applicant : Miss Jennifer Connor Proposal : Replacement of existing rear rooflight with a dormer window and erection of a summer house to the rear Site Address : Squeen Lodge Station Road Ballaugh Isle Of Man IM7 5AH
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.07.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The Finished Floor Level of the summerhouse hereby approved shall be 28.375m Douglas02 and shall be retained thereafter.
Reason: In the interest of flood risk.
This application has been recommended for approval for the following reason. It is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021 having no unacceptable adverse impacts upon private or public amenities.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawing all received on 06.01.2022.
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI)
It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The Squeen, Station Road, Ballaugh as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Squeen Lodge, Station Road, Ballaugh a single storey detached dwelling which has recently been modernised (did appear as a 1970/80's bungalow) appearance located on the western side of Station Road and south of the residential estate Squeen Meadow.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the replacement of existing rear rooflight with a dormer window and erection of a summer house to the rear.
3.0 PLANNING HISTORY 3.1 The application site has not been the subject of any previous planning applications.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area recognised as predominantly residential use under the IOM Development Plan Order 1982. The site is not within a Conservation Area. The dwelling and the western part of the site is within a High Flood Rask (River and Surface water),
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically relevant to the assessment of this current planning application:
4.3 General Policy 2 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;
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(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (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."
4.4 Residential Design Guide 2021.
5.0 REPRESENTATIONS 5.1 Highway Services comment there are no highway implications (20.01.2022).
5.2 Agriculture and Lands Directorate (Forestry - DEFA) initially objected to the application due to concerns (03.05.2022) of; "1. The installation of a summer house next to mature trees is likely to cause future conflict due to shading and apprehension of failure/falling branches. 2. No information has been provided detailing how the retained trees will be protected during construction."
5.2.1 Following discussions with the applicants and DEFA Registering the tree in question they made the following comment (16.06.2022); "Now the tree is registered, I feel that will provide adequate protection from future pressures, so the Directorate has no objections."
5.3 Ecosystem Policy Officer raise no ecology concerns, albeit advise Forestry may have comments to make (28.01,2022).
5.4 Flood Risk Management initially sought a condition for a Flood Risk Assessment (17.01.2022). However, after discussions with the applicants, it was clarified that the Finished Floor Level of the summer house would be the same as the main dwelling (28.375m Douglas02) which is some 200mm above existing ground level. Floor Risk Management confirm they have no object.
5.5 Owner/occupier of The Squeen, Station Road, Ballaugh objects to the application which can be summarised as (26.01.2022); ownership concerns and plans should be amended to show correct ownership; concerns of location of summerhouse to woodland trees within my boundary and therefore creating unnecessary extreme danger for residential use; No visible gullies on the site and concerns of storm water and overspill into Squeen land; Site areas is directly under power lines to Squeen; and regarding flooding I have seen flood water enabling from the occupation Road Bridge Runoff entering Squeen Lodge to the garage and east of it many times.
6.0 ASSESSMENT 6.1 The key issues to considerer in the assessment of this planning application are firstly the potential impacts upon the visual amenities of the street scene and secondary the potential impact upon neighbouring residents.
POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.2 The proposed works extension to the rear elevation in terms of its proportion, form, scale and design are in keeping with the property and being located to the rear elevation would not be especially apparent public views.
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6.3 The proposed flat roofed dormer are not features which the Department prefers to see. However, in this case the existing property has such feature to the front (west elevation) and the age of the property is generally regarded as being suitable for this style of dormer. In this case the dormer is of a size/scale in relation to the roof plane which it sits which is subordinate and would not result in dominating feature to the property and the street scene. The material used and window fenestration also ties in with the rest of the property which has clearly been modernised in recent times.
6.4 Accordingly, the overall works are considered to be acceptable forms of development in this respect and comply with GP2.
POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS 6.5 The property most likely affected would be Cronk Breck Cottage to the east of the site, namely through potential overlooking by the new rear dormer window within the eastern elevation of the dwelling. The dormer window would serve a landing window at the top of the staircase. Visiting the site it was noted that a garage/outbuilding to the neighbouring property Cronk Breck Cottage would likely block the majority of views from the dormer to the rear of this property. Further. Mature landscaping is also in place along the boundary with these properties. Therefore given these factors and given the window would not provide views/outlook to a primary habitable room (i.e. lounge); it is not consider the potential impacts to be sufficient to warrant a refusal. Views to the properties to the north are also unlikely to cause a significant impact given the distance, orientation of these properties with the dormer and the mature landscaping along the northern boundary of the site.
6.6 The summerhouse raise no concerns to neighbouring amenities.
Potential Flood Risk 6.7 The dwelling and the western part of the site is within a High Flood Rask area. As outlined within the representation section of this report the DOI Flood Risk Management have considered the application, namely the summerhouse and have raised no objection, subject to the condition that the summerhouse floor level be the same as the main dwelling (28.375m Douglas02). Accordingly, it is considered the application is acceptable.
Potential impacts upon trees 6.8 Concern's was raised of the potential impacts upon neighbouring trees (outside applicant's control) and that the proposed summerhouse could lead to pressure being had upon the Forestry Division in the future to remove the tree. Due to this the Forestry Division have registered the tree in question. With this protection in place the Agriculture and Lands Directorate (Forestry - DEFA) now have no objection to the application.
6.9 It is also perhaps noting that a similar sized summerhouse (15sqm) could be constructed under Permitted Development. The proposal is approximately 22sqm.
7.0 RECOMMENDATION 7.1 Overall, it is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021 having no unacceptable adverse impacts upon private or public amenities. As such the planning application is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 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;
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(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 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.
8.2 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 the Head of Development Management 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 : Permitted Date : 12.07.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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