DEC Officer Report

Application No.: 22/00300/B Applicant: Ms Angela Cresswell Proposal: Erection of timber decking, steps and balustrade (Retrospective) Site Address: 40 Ballaquark Douglas Isle Of Man IM2 2ET Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.05.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Within two months of this decision notice the timber pergola element shall be removed as shown on approved drawing P01 REV A and retained thereafter.

Reason: Approval has only been granted on the basis of the decking only. This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide 2021. Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 29.03.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

- 1.0 THE SITE

Officer’s Report

1.1 The site is the residential curtilage of 40 Ballaquark, Douglas, a single story semidetached dwelling located on the west corner of the staggered junction of Ballaquark, close to Stevenson Way. - 1.2 The dwelling has a cross pitched roof. The front elevation has a three-step concrete staircase leading to the front door. The elevation has a masonry finishing. - 1.3 There is a 2m-high hedge around boundary of the site with the highway.

2.0 THE PROPOSAL - 2.1 This application seeks retrospective approval for the erection of timber decking, steps and balustrade (Retrospective). - 2.2 The decking is approx. 0.87m above ground level. It is approx. 3.6m wide and projects approx. 1.2m from the existing staircase. The decking also extends to the front elevation and covers the existing stairs. It also has stairs leading to the front entrance.

3.0 PLANNING HISTORY - 3.1 Erection of decking to front the elevation (retrospective) - 21/01270/B - REFUSED on the following ground; "R 1. The timber decking to the front elevation of the dwelling in terms of design and finish does not respects the existing dwelling and surroundings in terms of the siting and finish and fails to comply with General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021." - 3.2 Internal alterations and extension to form dining room and lounge was APPROVED under PA 86/00668/B. The extension forms parts of the existing front elevation.

4.0 PLANNING POLICY Site Specific - 4.1 In terms of local policy, the site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 4.3 General Policy 2, which provides 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;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality;

• (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;

• (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 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such

• development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application.
• 4.5 RDG 4.5 Front Extension sets out key considerations for front elevation extension. It considers an extension to the front of a property can have the greatest impact upon the individual dwelling and/or the street scene. There may be limited circumstances when a front extension is appropriate, for example where the street has an irregular building line or pattern. It also states that any extension should normally appear as if it were designed with the original building and not look out of place in the street. A porch extension is perhaps the most common form of an extension to the front elevation of a dwelling. Whilst porches are relatively small in size, careful consideration still needs to be given.
• 4.6 RDG 4.11 Roof Terraces, Balconies, Decking and Patios sets out key considerations for decking. "These can add a welcome amenity to a dwelling, as long as the scale, design, and materials complement the character of the property, whether it is traditional or modern."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have no objection. (08.04.2022). - 5.2 Highway Services states there is no highway interest in this application. (08.04.2022).

6.0 ASSESSMENT - 6.1 The key considerations in the determination of the application are its impact on the house itself, on the character and street scene of the area and on the amenities of the neighbours. - 6.2 Erection of a decking can be a permitted development under the Town and Country Planning (Permitted Development) Order 2012. However, the proposed decking is over 0.3 metres above ground level and is closer to the highway than the dwelling, meaning it would require a planning approval. - 6.3 The decking is on the front elevation of the house. The house is also located next to a junction. It is considered that the design of this front elevation has a key influence on the appearance of the house as well as the character of the area and the streetscene. The decking is made of timber, contrasting with the existing masonry finishing. As indicated with the previous application there were concerns of the finish and design of the decking area and the timber pergola element. The current proposal has omitted the timber pergola, but the decking remains the same height and size. - 6.4 It is considered that the proposed new decking area would be appropriate. It is not uncommon to have contrasting material used for works connected to residential properties and the new proposal without the pergola element now appears as a simple decking area which is common in residential areas. The decking is currently shielded from the public by the hedges, although it is not advisable or good planning to consider a development acceptable purely on the ground you can't see it, as any landscaping can be removed, reduced in height or die/diseased. - 6.5 The decking is lower than the main dwelling. It is also separated from the adjacent neighbour with the front extension. Therefore, it is considered that there is no concern for overlooking or overbearing. The decking does not create new vantage point. In addition, there is a degree of mutual overlooking to the front elevation of nearby properties. Therefore, it is considered that there is no concern for overlooking.

7.0 CONCLUSION - 7.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide 2021. Therefore, it is recommended for a approval.

8.0 INTEREST 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;
• (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.

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 : 12.05.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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