DEC Officer Report

Application No.: 22/00699/B Applicant: Mr Paul Collins Proposal: Installation of sliding doors & decking area, blocking up of door to the rear Site Address: 36 King Edward Park Onchan Isle Of Man IM3 2AB Planning Officer: Mr Paul Visigah Photo Taken: 24.08.2022 Site Visit: 24.08.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.08.2022

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.

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 22.06.2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 36 King Edward Park, Onchan which is modern detached dwelling located to the north of King Edward Park and south of Harbour Road. The MER railway lines runs about 26m east of the site. - 1.2 This dwelling which is set up as a split level dwelling presents a single storey appearance along King Edward Park and Harbour Road to the rear, while the southeast elevation displays three storey elements. - 1.3 The rear garden which abuts Harbour Road has a masonry wall with timber fence over on the south-west boundary, a hedge which rises to about 2m on the north-east boundary, and a largely masonry wall about 2.5m high with timber elements over a small section forming the north-western boundary. There is a patio door which enables access to this rear garden.

2.0 PROPOSAL - 2.1 The application seeks approval for Installation of sliding doors & decking area, blocking up of door to the rear. The scheme would involve:

• i. Removing the existing patio door and closing up the space. The new wall will be rendered and painted over to match the existing.
• ii. Lowering the window cill for the existing window on the ground floor rear elevation and installing a new sliding door that would match the width of the existing window. The colour would match the existing.
• iii. Creating a new composite decking (with timber appearance) to be installed over grass area to a maximum height of 400mm above ground level. This decking will have a footprint measuring 8.5m x 5m (42.5sqm).

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area designated as 'Predominantly Residential use' on the Area Plan for the East (Map 6), and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site. 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 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.

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, 4.11 on Roof Terraces, Balconies, Decking and Patios, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 There are no previous applications considered relevant in the assessment of this application.

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 there is 'No Highway Interest' in a letter dated 8 July 2022. - 6.2 Onchan Commissioners recommend that the application be approved for planning purposes only (12 July 2022). - 6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The principal issues to consider in the determination of this application are:

• i. whether the works on the rear elevation and the installation of the decking would have a negative impact on the character and appearance of the dwelling, and upon the visual amenities of the street scene; and
• ii. whether there would be any impacts on neighbouring properties.

7.2 Visual Impacts

• 7.2.1 The key elements proposed by the planning application (closing up a door and lowering of cill to replace a window with a door) are considered to be relatively minor and unobjectionable. The proposed door to replace the window on the rear elevation does not create adverse effects on the appearance or character of the existing dwelling and surrounding streetscene. This is consequent on the fact that the ground floor rear elevation of the property is considerably screened with limited views attainable from the highway. Any views attained would be from the first floor levels of the neighbouring properties which would be read within the residential context of the site and area. As such, the proposal is considered to accord with the provisions of General Policy 2 of the Isle of Man Strategic Plan 2016.
• 7.2.2 With regard to the decking, it is considered that this would be located on the rear elevation, at a position where it abuts the highway serving the street at the rear, and within close proximity to a nearby junction. However, given the nature of the boundary treatment on the rear boundary of this dwelling which would completely obscure any views to the decking from the adjacent streetscene, it is considered that the decking which would have timber appearance would be seamlessly integrated into the rear garden which already has timber elements in the form of the timber fences over the masonry walls, and would not impacts negatively on the character of the streetscene. Therefore, it is considered that the proposed new decking area would be appropriate for the existing dwelling and locality.
• 7.3 Impact on neighbouring properties

• 7.3.1 In terms of impacts on neighbours, it is considered that works on the rear elevation would not have any impact on any of the neighbouring properties. This is hinged on the fact

• that although the size of the patio door here will be increased over the existing with its position changing, the existing patio door would be removed. It is also noted that the distance of the new patio door to the nearest property to the rear at 16 Harbour View would be 26.8m; a distance that would ensure no overlooking impact results. Besides the new patio door will not offer elevated views over the existing windows as the lintel level will not be raised, but remain unchanged. This would ensure that the new patio door will not result in any views into neighbouring properties to result in privacy concerns.
• 7.3.2 In the case of new decking, it is considered that the decking would be lower than the floor level of main dwelling on this elevation. It is also sufficiently separated from the adjacent neighbours on both sides (4.9m from the neighbour at 64A Harbour Road to the north and

• 7.9m from the neighbour at 34 King Edward Park to the south). It is also considered that the change in site levels between the decking and the neighbouring properties is such that would not introduce any overlooking over the existing boundary treatment. Therefore, it is considered that there is no concern for overlooking or overbearing impacts.
• 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved. - 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 a Principal Planner 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: 24.08.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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