Officer Planning Report

Planning Report And Recommendations {{table:535882}} ### Considerations {{table:535879}} ### Written Representations {{table:535880}} ### Consultations {{table:535881}}

Officer's Report

The Site

The site represents the residential curtilage of 16 All Saints Park, Ballacannell, Laxey, which is part of a row of two storey semi-detached properties, located on the eastern side of All Saints Park.

Land Use Zoing / Planning Policies

The application site is within an area recognised as being an area of ‘Proposed Residential”, under the Laxey and Lonan Local Plan. The site is not within a Conservation Area.

The following policies are therefore considered relevant in the consideration of this application:

• Ramsey local Plan 1998 - Planning Circular 2/99; and
• The Isle of Man Strategic Plan (20th June 2007)

PLANNING HISTORY The previous planning applications are considered relevant in the assessment and determination of this application:-

Retrospective application for the erection of decking to rear of property - 05/00379/R - 14 All Saints Park - APPROVED Erection of decking in garden and associated landscaping - 04/01825/B - 8 All Saints Park APPROVED Retrospective application for the erection of patio area / decking to rear garden - 04/01797/R - 12 All Saints Park - APPROVED at appeal

The Proposal

The application seeks retrospective approval for the erection of decking. The proposed decking would have a rear projection from the existing patio are of 4.1 metres, a width of 9 metres and a maximum height of 2.4 metres from ground level.

Representations

Lonan Parish Commissioners: "Approve" The Drainage Division have no objection to the proposal but ask for an informative note being attached.

The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice.

The owners/occupiers of Croit-e-Callow, Croit e Quill Road, Lonan, have objected to the application which can be summarised as; we already suffer from substantial overlooking from the houses above; the proposal being 3 metres from the boundary will exacerbate the unacceptable overlooking; and the sycamore tree offers some privacy, but during the 8 months of the year when the tree is leafless there will be little privacy.

Assessment

Due to the zoning of the site the following policies are relevant for consideration:-

General

Policy 2: "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;

• (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."

The major issues with this application are the potential of overlooking resulting in a loss of privacy and dominance of the structure over the neighbouring properties. A number of properties (Nr 12 & 14) which have benefited from planning approval for decking areas similar to what this application is proposing.

The first of these which was refused by the Planning Committee (PA 04/1797), went to appeal where the Inspector concluded that due to the nature of the estate and the way it had been designed and built, the decking would provide where the development had not, for the private amenity space of the dwelling in question, without, in his view compromising or adversely affecting the privacy or amenities of the adjacent properties, sufficient to warrant upholding the refusal of that application for the decking. This recommendation was upheld by the Minister. Two more applications (04/01825/B & 05/00379/R) were also approved, following on from the other appeal decision.

This decking does project further than the two nearby decked areas; given the application site already has a patio area. The decking is therefore 16.5 metres from the rear elevation of Croit-e-Callow.

The rear boundary treatment consists of a semi-mature sycamore trees. These trees during the later spring and summer months will completely screen the neighbouring property Croit-e-Callow; however, as indicated by the objector during late autumn through winter periods there will be very little screening due to the leafless trees.

However, it could be argued that the decking will mostly be used during summer months, and therefore no overlooking would occur due to the screening of the existing trees. Additionally, with a condition requiring trellis fencing around the extent of the decking area, similar to the neighbouring decking, this would also help reduce any potential overlooking, especially when users of the decking are seated.

With regard to the dominance of the decked area, this matter was also considered at the previous appeal where the Inspector states:-

"As I have stated, dwelling itself stands in an unfortunately dominant position. The decking, in its stark newness, adds to the perception. The Appellant points to the possible benefits, of planting in due course. Whilst I accept that this may soften the impact, the visual objection is increased by the use of timber cross bracing to provide stability. In my view, were this to be a matter of a simple improvement to amenity of the upper dwelling I would have no hesitation in recommending dismissal because of the dominating effects. But that is not the case, and to my mind means should be sought of making the development more acceptable, rather than achieving its removal".

It is considered a condition could be attached which required a landscaping scheme should be provided to soften the decking and also a painting scheme which required the posts and fencing/trellis to be painted in a dark green colour to reduce the starkness of the existing timber, would help reduce the dominance of the decked area.

14 January 2009

08/01422/R

Recommendation

Overall, it is considered the proposal would be acceptable for the reasons given previously within this report. Accordingly, the proposals would be appropriate in these locations and therefore the application is recommended for an approval.

Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

The Highways Division Lonan Parish Commissioners The Drainage Division Croit-e-Callow, Croit e Quill Road, Lonan

It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Manx Electricity Authority

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 19.12.2008

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. This approval relates to the erection of decking as proposed in the submitted documents and drawings 1422 / 1,1422 / 2 and 1422 / 3 all received on 22nd June 2008.

C 2. By the ( 3 months from date notice issued) the applicant must submit to and have approved in writing by the Planning Authority a landscaping scheme which will have the effect of softening the vertical emphasis of the structure and infilling the space beneath it. This should include painting the eastern elevation of the decking (trellis fencing and vertical posts) with a dark green or brown colour. The scheme shall be completed within the first planting season following its approval.

C 3. By the ( 2 months from date notice issued) trellis fencing with a height of at least 1.2 metres should be erected around the extent of the decked area and should be retained at all times.

There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.

N 2.

The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may need to be diverted before any work can be carried out on site.

The applicant is also advised to contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Permitted

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