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The site represents the residential curtilage of an existing dwelling which lies on the western side of Lhag Mooar, a cul de sac of 14 dwellings all lying to the south of Bay View Road. The application site lies to the east of the northern end of the Cherry Orchard Hotel. The application property is a true bungalow with its gable facing towards the road, with a flat roofed single storey garage attached to the southern gable. The property to the south is also a bungalow, orientated with its longest elevation facing north towards the application site.
Parking for the application property is directly from Lhag Mooar in the form of a concrete drive straight to the garage. The property next door has a long drive which runs parallel to the application property drive with a large expanse of parking in front of the garage. The front of number 14 is between 6.5m and 10m away from the frontage to the application property. Presently the elevation facing number 14 serves a garage and utility.
The boundary between numbers 12 and 14 is formed by a low kerb up to the building and then there is a low timber fence which runs between the dwelling.
The site lies within an area designated as Predominantly Residential on the 1990 Port Erin Local Plan.
Planning permission was sought to provide a single storey extension on the rear of the application property under PA 05/0953. This extension was to provide a bedroom with en-suite bathroom.
Proposed now is the redevelopment of the garage to provide a garage at the front and sun lounge at the rear. The garage will now come 4.5 m further forward than at present and 2.6 m forward of the left had side of the front elevation. The new side elevation will be 400 mm closer to the boundary with number 14 and will extend to a length of 12.1 m compared with 7 m at present. The new extension will have two pitched roofs with the ridge running at right angles to that of the main property. A new large glazed area is to be introduced into the southern elevation.
Port Erin Commissioners indicate that they have no objection to the application. The occupant of number 14, Lhag Mooar objects to the application on the basis that the extension would come too close to the boundary fence which would not enable occupants of the application property to gain access around the building, the extension would come forward of the front of the building which would be out of keeping with the estate, the proximity of the extension to the boundary would necessitate access onto her property for building and maintenance. She also expresses concern at the potential for damage to her property through the excavation for the footings for the extension and the new side gable will be very close to her property and there are new windows which will affect her privacy. She indicates that she will not give permission for the boundary fence to be removed at any time.
A visit was made on 5th September, 2008 and the site was viewed from the inside of number 14 from where the new window will be clearly visible and inter-visibility available between the two properties. The rooms on the northern elevation of number 14 include a bedroom which would be affected by the new large glazed area.
The visual impact on the streetscene is not considered unduly adverse, the building line is staggered and the garage coming forward of the building line will not be unacceptable in this respect. Whilst access around the garage will be restricted by the alterations proposed, there is access available to the rear around the property on the northern side of the building, if required.
The applicant has responded to the concerns of the objector by suggesting that the window facing the objector's property is intended for light and could be fitted with obscured glazing if required and if necessary a 2 m high fence could be erected between the two properties. This could be erected without the need for planning permission under the provisions of the Town and Country Planning (Permitted Development) Order 2005. They confirm that there is sufficient space to excavate and lay foundations and to construct, finish and maintain the walling alongside the fence without encroaching onto the neighbouring property. They accept that the privacy of the occupants of the extension will be more affected than those in the adjacent property.
The installation of 2 m high fencing in front of the proposed large window would prevent overlooking from and of this window and should be required if the application is to be permitted. The change in appearance and length of the elevation facing towards the objectors property is not sufficiently different or adverse to warrant refusal of the application and the applicant has confirmed that the work can be done without the need for encroachment onto the neighbouring property. As such and subject to conditions to this effect the application is recommended for approval.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupant of number 14 is immediately alongside the application site and as such should be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 25.09.2008
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the alterations and extensions shown in drawings reference WL/08/1092/1, -/2, -/3 and -/4 all received on 1st August, 2008 and subject to the conditions of this permission.
Prior to the occupation of the proposed accommodation, a 2m high fence must be erected (which could be erected without the need for planning permission, under the provisions of the Town and Country Planning Permitted Development) Order 2005) which extends from the rear boundary, parallel with the southern boundary up to a point at least 12.5m along this boundary so as to screen the view of and from the proposed new window in the southern elevation. Since available the same, the same is available on a similar height fence, must be retained.
No authority is given to the undertaking of any work on, over or under land which is not in the ownership or control of the applicant.
Note: It is noted that the applicant's agent has indicated that the proposed works can be undertaken entirely within the application site without the need to encorch onto any neighbouring land.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made: Permitted
Date: ...............................................................................................................................................................................
Signed: ...............................................................................................................................................................................
25 September 2008 08/01512/B Page 3 of 4
M. I. McCauley
Director of Planning and Building Control
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