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22/00130/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00130/B Applicant : Mr Chris Ellis Proposal : Demolition of conservatory and detached garage and erection of 2 storey side extension with associated works. Site Address : Thorny Cottage Thorny Road Douglas Isle Of Man IM2 5EA
Planning Officer: Mr Paul Visigah Photo Taken : 31.03.2022 Site Visit : 31.03.2022 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.04.2022 __
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. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing No. PA 002 received 2 February 2022. No new types of materials shall be added to the external elevations of the development, hereby approved.
Reason: In the interests of the character and appearance of the site and surrounding area.
This application has been recommended for approval for the following reason. The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01.
Plans/Drawings/Information;
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This decision relates to the Cover Letter and Drawing Sheet, Planning Statement, Drawing Nos. 016/EX001, 016/EX002, and PA002 received 2 February 2022, and Drawing No. PA 001 received 15 March 2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of Thorny Cottage, Thorny Road, a two-storey detached dwelling located on the corner of Woodbourne Road and Thorny Road. The building has its external walls finished in painted render, while its largely pitched roof is finished in slate tiles.
1.2 The property which has its entire curtilage enclosed in a painted render wall which is mostly about 2m high has its garage situated on the south-western boundary with 95 Woodbourne Road. Access to this flat roofed garage is via Woodbourne Road Lane which runs along the north-western boundary of the site.
2.0 THE PROPOSAL 2.1 This application seeks approval for the demolition of conservatory and detached garage and erection of 2 storey side extension with associated works. The proposed works are as follows:
2.2 Removal of the existing lean to conservatory on the south-eastern elevation of the existing dwelling and its replacement with a two storey pitch roofed extension that would project 4.7m from the existing dwelling (and at the position previously occupied by the conservatory), be 5.1m wide and 5.9m high (3.9m to the eaves). This extension would be 2.1m further than the existing conservatory. This extension would provide a larger kitchen/dining area on the ground floor and an ensuite bedroom on the first floor. A new 1m x 2.6m balcony would be erected on the side of the extension to serve the ensuite. A new galvanised steel balustrade, powder coated and finished in Anthracite grey would be installed on the balcony. The extension would have Slate roof tiles, and dark brown stained timber fascia, similar to the existing. The proposed windows would also be timber windows similar to the existing.
2.3 The works would also involve creating an outdoor seating area in front of the extension that would be about 6.3m at the longest section and about 5.1m wide. There would be no changes to the existing landscaped garden area.
2.4 The existing parking spaces on the site accessed via the gated vehicular access would be retained. The pedestrian access gate would also be retained.
2.5 The applicants have provided a Planning Statement which articulates the justifications for the scheme, as well as the sensitive design choice to ensure the scheme fits within the site context.
3.0 Planning Policy 3.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East and the site is within the Woodbourne Road Conservation Area. The site is not prone to flood risks and the site is not within a registered tree area. No registered trees are within the site boundary. Given the above, the Isle of Man Strategic Plan 2016 contains the following
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policies that are considered materially relevant to the assessment of this current planning application:
3.2 General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations."
3.3 General Policy 2, which provides an overall requirement for all development, 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: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (g) does not affect adversely the amenity of local residents or the character of the locality; (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; (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."
3.4 Environment Policy 35 states: "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."
3.5 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
3.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.6.1 Appendix 7.6 states that for typical residential development, there should be two spaces for dwellings with two or more bedrooms.
3.7 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
4.2 Planning Policy Statement 1/01
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4.2.1 POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".
4.3 POLICY CA/6 DEMOLITION "Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."
5.0 PLANNING HISTORY 5.1 The application site has been the subject of four previous planning applications which are considered to be materially relevant to the current application. They include:
o PA 91/00420/B - Conversion of former coach house into residential accommodation - approved. o PA 91/01459/B - Alteration and extensions - approved. o PA 94/01401/B - Provision of accommodation associated with 97 Woodbourne Road to create private dwelling - approved. o PA 04/01600/B - Demolish existing garage and erection of replacement garage - approved.
6.0 REPRESENTATION Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' (18 February 2022/17 March 2022).
6.2 Douglas Borough Council has no objection (24 March 2022).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The key issue here are: o Visual Impacts on the existing dwelling; o Impact on the character or appearance of the Conservation Area in which the property sits; o Impacts on the living conditions of those neighbouring dwellings; and o Impacts on parking provisions
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7.2 Visual Impacts 7.2.1 The proposal to replace the existing lean-to conservatory with the new two storey extension with design and finishing that matches the existing dwelling would reinstate the key characteristics of the existing dwelling and as such would be appropriate and in accordance with General Policy 2(b).
7.2.2 As well, it is expected that the new roof system, as well as the material and finish of the external walls and new fenestrations will provide the dwelling with a better thermal quality and a more comfortable internal environment throughout both the summer and winter months, which would likely preserve the energy efficiency of the dwelling in line with GP 2 (n).
7.3 Character or Appearance of the Conservation Area 7.3.1 In assessing developments within Conservation Areas, the key test is whether the proposed works would preserve or enhance the character and appearance of the Conservation Area. In this case, it is noted that the side extension will only visible from the adjacent dwellings, with limited glancing views attainable when passing Thorny Road. It is also considered that the extension is situated along a rear service lane where the historic details evident along the main road are not replicated as is evident along some of the rear service lanes within the Woodbourne Road Conservation Area.
7.3.2 The fact that the new extension would be finished to match the existing dwelling in terms of material and appearance, with the altered sections of the rear garden maintaining the general character of the Conservation area (particularly where gardens exist) would ensure that the extension and site alterations fit seamlessly with the existing dwelling, and the general character and appearance of the rear lane on which it is situated.
7.3.2 It is, therefore, considered that the extension and site works would have a neutral impact on the character and appearance of the Woodbourne Road Conservation Area, and as such the scheme is deemed to comply with the requirements of Environment Policy 35 and Planning Policy Statement 1/01.
7.4 Impact on neighbouring amenity 7.4.1 In terms of the impact on the neighbouring properties, it is not considered that the new balcony situated on the southwest elevation of the extension would offer new first floor views towards the neighbouring property at 95 Woodbourne Road. More so, the nature of the boundary treatment between this neighbour and the application site which is a flat roofed rear annex which rises to about 3.5m, spans 20.8m into the site with a width of 5.6m would ensure there are no overlooking views into the rear yard of this neighbour. The fact that this balcony would only be 2.5m high would further ensure that there are no privacy concerns with this neighbour. It is also considered that the new balcony would be further forward of the windows on Somerset Cottage which are directly adjacent to the proposed extension and as such there would be no views attainable from the balcony into the windows on this neighbouring property.
7.4.2 In assessing Loss of Light/Overshadowing, it is considered that the height of the extension, its position and distance from the neighbouring properties would ensure that there is limited impact in terms of loss for the neighbours. When the 25 degree check (set out in paragraphs 7.3.4 and 7.3.5 of the Residential Design Guide) is applied on the nearest neighbour at 1 Somerset Road, the line only slightly touches the proposed extension; which implies that there would be minimal opportunities for loss of light or overshadowing to occur. Besides, this minimal level of overshadowing would only impact on a rear access door which is a solid door without glass panes.
7.4.3 With regard to overbearing impacts, it is considered that the proposed extension would partly impact on the outlook from the bedroom window on the first floor of the neighbouring property 'Somerset Cottage' which is situated directly adjacent the extension and across the
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rear lane. Granting the extension would increase the span of the blank wall directly in front of this window by about 300 - 500mm, this impact is not considered to be significant given that the affected window does not serve a primary habitable room. Besides, the eaves level for the proposed extension would be set considerably lower than the eaves of the neighbouring property (about 1.8m), and only about 700mm above the base of the adjacent window, with the roof leaning away from the neighbouring property at about 35 degrees. As such, any impacts on outlook on this neighbouring window would be minimal.
7.4.4 Given the above, it is considered that any impacts on neighbouring amenity resulting from the scheme would be minimal and not sufficient to warrant refusal of the proposal. Therefore, it is considered that the application would be broadly compliant with the requirements of General Policy 2 (g) of the Strategic Plan, and the aforementioned sections of the Residential Design Guide in this regard.
7.5 Impact on Parking Provisions 7.5.1 As has been noted in paragraph 2.4 of this report, there would be no changes in the number of parking spaces provided on the site, which would be sufficient for two large cars with sufficient pedestrian access around the parked cars for general circulation and wheelchair users. In addition, Highway Services raise no objections. Therefore, it is considered that the impact on parking provision is acceptable and compliant with General Policy 2 (h & i).
7.6 Other Matters 7.6.1 No other concerns have been noted.
8.0 CONCLUSION 8.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, and is supported.
9.0 INTEREST PERSON STATUS 9.1 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; (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 which 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.
9.2 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
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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 : 11.04.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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