DEC Officer Report

Application No.: 22/00374/B Applicant: Dawneil Ltd Proposal: Removal of attached garage and replaced with a 2 storey attached dwelling, the removal of exiting rear conservatory replaced with a single storey extension, the removal of the existing chimney stacks, replace windows and doors, new render to the walls and replacement roof tiles Site Address: 5 Falcon Cliff Terrace Douglas Isle Of Man IM2 4AU Planning Officer: Mr Paul Visigah Photo Taken: 25.05.2022 Site Visit: 25.05.2022 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 11.08.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. Given the relationship of the proposed dwelling to the site, adjoining semi-detached cottage at 4 Falcon Cliff Terrace and locality, the proposed development would adversely affect the character of the existing dwelling and locality by reason of its siting, scale, form and layout, in that it would alter the existing setting of the area when viewed from Falcon Cliff Terrace which would be contrary to General Policy 2 (b) and (c). - R 2. Whilst there is no issue with the ground floor rear extension, wall re-rendering and roof replacement, the proposed side extension as viewed from the front would fill the gap with its neighbouring property 'Clifton', Falcon Cliff Terrace and alter the historic street pattern which features a clear break between the existing semi-detached property to which it would be attached and the existing terrace to the north-east, thus creating an incongruous continuous terraced appearance when viewed from the street scene, contrary to Environment Policy 42, General Policy 2 (b) and Strategic Policy 3 (b). - R 3. The erection of the new two storey side extension with two windows to the side which have views to the rear yard of 'Shenstone,' Falcon Cliff Terrace at a distance less than 14m is considered unneighbourly and would adversely affect the privacy and enjoyment of the rear yard of this neighbouring property, contrary to General Policy 2 (g) of the Strategic Plan.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 5 Falcon Cliff Terrace, an existing semi-detached vernacular cottage which sits on the north-eastern side of Falcon Cliff Terrace, Douglas. The existing property is the only semi-detached property situated along Falcon Cliff Terrace which is dominated by traditional terraced properties. - 1.2 The dwelling like most traditional cottages on the island has three windows on the top floor front elevation and two windows situated on the left side of the main entrance door which mirrors the appearance of the adjoining semi-detached cottage. This property, like its adjoining neighbour has seen a number of modern alterations namely a mono-pitched garage situated on its left side, a lean-to roofed enclosed entrance porch, and the addition of top hung casement windows which are not original or traditional features. - 1.3 The adjoining semidetached property has also been altered, with a steeply pitch roofed side extension with dormer accommodation within its roof added to the side. - 1.4 Both dwellings have a two storey rear outriggers which both share a pitch roof over, with each property occupying half of the projecting gable at the rear. Both properties also have prominent chimney stacks on both gables, like most traditional semi-detached cottages on the island.

2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval for removal of attached garage and replaced with a 2 storey attached dwelling, the removal of exiting rear conservatory replaced with a single storey extension, the removal of the existing chimney stacks, replace windows and doors, new render to the walls and replacement roof tiles. - 2.2 The breakdown of the proposed works are as follows:

• i. Demolition of the existing mono-pitched garage extension on the side of the dwelling.
• ii. Removal of the chimney stack on the north-western gable of the dwelling.
• iii. Demolishing the existing flat roofed summerhouse within the rear garden.
• iv. The removal of exiting rear conservatory and replacement with a single storey rear extension. The existing conservatory measuring 5m x 2.7m would be removed and replaced with a new single storey rear extension at the rear of the existing kitchen. The new extension would measure 5m x 3.5m. A connecting door would be installed to create a link between existing kitchen and the new extension which would serve as a utility room. The existing window at the rear of the kitchen with views to the rear would be removed with the cill lowered to enable the installation of the new door.
• v. Erecting a new two storey dwelling in the form of a side extension to the existing dwelling and at the position of the existing flat roofed garage. The front section of the new extension would match the height of the existing cottage in terms of ridge position and eaves position. The extension would also have a rear outrigger would project from the rear of the new extension by 5.7m. A new wall would also be erected to separate the new extension from

• the existing rear garden to create a new secluded garden. The extension which would create a lounge, dining and kitchen on the ground floor, as well as three bedrooms, one ensuite and a bathroom on the first floor would be finished externally in painted render and grey slate roofs to match the existing. The windows and doors would be white UPVC units to match the existing. A new front garden with garden wall and gated pedestrian access would be created in front of the new extension. The development would result in the creation of a new detached dwelling, separate from the existing curtilage of 5 Falcon Cliff Terrace.
• vi. New render would be applied to the walls of the existing dwelling, and replacement roof tiles would be installed on the roof of the dwelling. The new roof tiles would be grey slate tiles.
• vii. The replacement of the existing windows and doors on the main dwelling would pass for Permitted Development under Class 24 of the Permitted Development Order and as such would not be assessed as part of the application.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Area Plan for the East (Map 4), the site is not within a Conservation Area, but is directly adjacent the Olympia Conservation Area. The site is not susceptible to flood risks, there are no registered trees on site and the site is not within a registered tree area. As such, the following Strategic Plan policies are considered relevant: - 3.2 General Policy 2 (GP2) (in part) 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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption.

3.3 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general." - 3.4 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character. - 3.5 Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans. - 3.6 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

3.7 Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area. - 3.8 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

3.9 Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. - 3.10 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 3.11 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10. - 3.12 The definition of the following types of development within the Strategic Plan are also relevant in this case: "Infill development(1)" (in the sense of filling a small gap in an otherwise built-up frontage) may be acceptable in built up areas, but the value of spaces between buildings should not be underestimated, even in small settlements.

"Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 5.1 on Chimneystacks and Flues, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme. - 5.0 PLANNING HISTORY

5.1 The property has been the subject of two previous applications which are considered relevant to the current application. These are PA 84/00949/B for re-roofing of the garage, and PA 00/01339/B for Installation of uPVC windows to replace existing, which were both approved and have enabled the current appearance of the existing dwelling on site.

5.2 The adjoining property which forms the semi-detached property to which the application site is attached has been the subject of four previous planning applications which are also considered relevant to the current application. PA 89/00497/B for Erection of extension to dwelling; PA 89/01917/B for Extension to create self-contained unit; PA 90/00943/B for Extension to create additional living accommodation; and PA 91/01050/B for Roof space conversion and installation of dormer windows; all of which were approved with the implementation of some or all of these proposals resulting in the current form of the adjoining property which has a subordinate side extension, which has maintained the balance for both properties. The key features of the existing cottage has also been retained. - 6.0 REPRESENTATIONS 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' (8 April 2022). - 6.2 Douglas Borough Council have raised concerns regarding the arrangements made for bin storage within the curtilage of the property, and asked that the applicants provide drawings showing their proposed bin storage arrangements or a statement explaining where they will store their bins. (12 April 2022). No further documents have, however, been received from the applicants in this regard.

6.3 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The issues in this case are:

• a) Whether the works would have any adverse impact on the character or appearance of the main dwelling, in addition to resulting in any adverse impact on the character of the locality; and
• b) Whether the proposal will result in any adverse impact on neighbouring properties.

7.2 Impact on the character and appearance of the site and area

• 7.2.1 In terms of any impact on the area, the decision to erect a new dwelling on the site and in a part of the broader site area which could arguably be considered as an infill site is considered to be unobjectionable; however there are concerns about the design and massing of the proposed development, as set out below.

• 7.2.2 With regard to the visual impacts on the existing dwelling, it is considered that due to its mass and height, the new dwelling would stand out and be particularly noticeable when viewed from the abutting highway being a two storey dwelling that would fill the gap between this semi-detached cottage which stands unique within the streetscene and the adjoining terrace to the northwest. Whilst the new dwelling mirrors the design of the existing house, save for the removal of the gable chimney which are characteristic features of the existing semi-detached property to which it would be attached, it is vital to note that the existing cottage is a vernacular semi-detached cottage which was originally built in the late 1800's and which has remained in its traditional form, except for a few changes to its appearance which were highlighted earlier. As such, the addition of the new two storey dwelling to its fabric would be incongruous to its appearance, as it would not appear as a subordinate addition to the existing dwelling. In fact, it would appear as a dominant addition to the side and completely alter the appearance of the existing semi-detached cottage which is the only nonterrace property on the street, and which contributes to the house type diversity in the area.
• 7.2.3 Similarly, the dwelling to the side of the existing dwelling at 5 Falcon Cliff Terrace would also fail to respect the proportion, scale and design of the existing dwelling and the adjoining semi-detached property at 4 Falcon Cliff Terrace. This is hinged on the fact the new dwelling

on the side would alter the symmetry with the adjoining semi-detached property as the design would unbalance the appearance of the existing building, being a two storey element; considering the existing side extensions on both dwellings are single storey and do not alter the cottage appearance of the main dwellings. Therefore, it is considered that the new dwelling to the side would unacceptably harm the characteristics of the existing building and the character of its adjoining semi-detached property. In this respect, the proposal would be at variance with General Policy 2 (b), Environment Policy 42, and Strategic Policy 3 (b).

• 7.2.4 In terms of impacts on the character and appearance of the streetscene along Falcon Cliff Terrace, it is considered that the introduction of an extension (new dwelling) of this height at the side elevation, with its proximity, together with massing and scale, will detract from the general character of the locality. This dwelling will fill the gap with its neighbouring property 'Clifton', Falcon Cliff Terrace and alter the historic street pattern which bears a clear demarcation (break) between the existing semi-detached property to which it would be attached and the existing terrace to the north-east, thus creating a continuous terraced appearance when viewed from the street scene, contrary to Environment Policy 42 which stipulates that the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted.
• 7.2.5 The extensions to the ground floor rear elevation of the existing dwelling would increase the mass of the dwelling on the ground floor and reduce the available space within the rear yard. However, this impact is considered acceptable due to the nature of the site which provides a fairly larger rear yard relative to the other properties on this side of Falcon Cliff Terrace. The re-rendering of the existing dwelling and replacement of the existing roof tiles are also positive additions as they would improve the appearance of the dwelling. As such, it is considered that these elements of the proposal is acceptable.
• 7.2.6 In terms of the loss of the existing chimney stack on the side gable of the existing property, it is considered that whilst the site is not a conservation area, the existing dwellings by reason of their material finish, form and inclusion of stacks have some tie with the traditional form of a Manx dwelling, and it is clear from looking at the surrounding streetscene that the inclusion of integrated stacks forms part of the character of the area. It is also considered that the property is adjacent to the Olympia Conservation Area, where traditional chimneys form a characteristic of the streetscene, as such the removal of the chimney stack could be detrimental to the character of the streetscape. It is always first sought that stacks are repaired or replaced unless exceptional circumstances outweigh the loss. In this case there is no justification provided to support the removal and it is felt that its loss would be unwarranted, having an adverse impact on the dwelling and on the surrounding area contrary to parts b, c, and g of General Policy 2.
• 7.2.7 In conclusion, it is considered that the proposed development would fail to comply with the provisions of Environment Policy 42, General Policy 2 and Strategic Policy 3, as the scheme would result in a particularly dominant infill development which would completely alter this part of Falcon Cliff Terrace. This overbearing and intrusive impact will be very significant when viewed from the streetscene, and unacceptably alter the structure of the locality significantly, detracting from the established character of the area.

7.3 Impact on neighbouring dwellings

• 7.3.1 With regard to possible impacts on neighbouring dwellings, it is considered that the proposed development would introduce new windows at first floor level which would have views into the rear yard of Shenstone to the north, and which has its rear yard situated less than 14m from the proposed windows on the first floor rear outrigger on the new dwelling. These windows serve a rear bathroom and bedroom, where it is considered that there would be regular views out, particularly from the bedroom. Therefore, it is considered that the development would result in overlooking of the neighbouring rear yard at 'Shenstone,' Falcon Cliff Terrace.

• 7.3.2 As the rear yard of 'Clifton' which is directly adjacent to the new windows proposed to the side is completely built up, it is not considered that there would be any adverse impacts on the amenity of this neighbouring property.

7.4 Other Matters

• 7.4.1 The comments made by the Douglas Borough Council regarding the arrangements made for bin storage within the curtilage of the property are noted. However, it is considered that the existing property provides no access to the rear garden with the bin kept within the front garden as with most of the properties within Falcon Cliff Terrace. It is also noted that there is sufficient space within the front garden to cater for bin storage within the site. As such, it is not considered that the provision for a bin storage would be a concern for the proposed development.
• 7.4.2 In terms of parking provisions, it is noted that the existing garage within the application site is not used for car parking as has been noted in the DOI Highways comments on the application. As such, it is not considered that the proposal would result in the loss of off parking in the area. Should the proposal be approved, there would be some pressure on onstreet parking given that the new occupants of the proposed dwelling will also park within the adjoining street. However, this would not result in the refusal of the scheme as the property is situated within close proximity to a public transport corridor, and the street allows unallocated on-street parking.

- 8.0 CONCLUSION

8.1 The proposed single storey rear extension on the main dwelling, re-rendering of the walls, and replacement of the roof tiles in new slate tiles are considered to be an acceptable development. However, the proposed two-storey side extension to create a new dwelling, and chimney removal would have adverse impacts on the character of the existing dwelling and locality, and would result in detrimental impacts on the neighbouring property at 'Shenstone,' Falcon Cliff Terrace in terms of overlooking impacts, and unbalance the appearance of the existing semi-detached property to which it would be attached, contrary to General Policy 2, Environment Policy 42 and Strategic Policy 3. - 9.0 INTERESTED 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 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 that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Refused Date : 12.08.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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