DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00783/B Applicant: Mr Keith Fitton Proposal: Demolition of existing dwelling and erection of replacement 2 storey detached dwelling with pitched roofs and solar panels with integrated garage and front and rear terrace with balustrade surround Site Address: Tamarisk Main Road Kirk Michael Isle Of Man IM6 1AJ Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.11.2022

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.

• C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, render and timber, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. Prior to the occupation of the development hereby approved, the first-floor windows in the southern flank elevation shall be fitted with obscure glazing and non-opening up to 1.7m above finished floor level, and thereafter maintained in perpetuity. Reason: In the interest of safeguarding the privacy of the adjacent residential property.
• C 4. Prior to the occupation of the development hereby approved, the 1.8m high obscure glazed privacy screen shall be installed in the northern flank elevation of the first-floor rear terrace, as shown on the approved plans, and thereafter maintained in perpetuity.

Reason: In the interest of safeguarding the privacy of the adjacent residential property. This application has been recommended for approval for the following reason.

The proposed development is considered to constitute a high standard of design, making a more efficient use of the site by provide additional and enhanced residential accommodation within a predominantly residential area, whilst ensuring that the character and appearance of the Conservation Area would be preserved. The proposals are further considered to not result in a demonstrably adverse impact upon residential amenity, whilst providing a high standard of accommodation for future occupants. The proposals are therefore deemed compliant with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016).

Plans/Drawings/Information; This approval relates to drawings referenced;

• 2021-103-000,
• 2021-103-001,
• 2021-103-002A,
• 2021-103-003A,
• 2021-103-004,
• 2021-103-005, all received 27.07.22, and amended drawings referenced;

• 2021-103-101M,
• 2021-103-102M,
• 2021-103-103M,
• 2021-103-104M,
• 2021-103-105M,
• 2021-103-106M,
• 2021-103-107M,
• 2021-103-108M,
• 2021-103-109M,

• 2021-103-111M,
• 2021-103-112M, 2021-103-114A, all received 11.10.22 _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

DOI Drainage Manx Utilities _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to the dwellinghouse and associated curtilage of "Tamarisk"; a two-storey detached property with a large rear garden. The property is located along Main Road in Kirk Michael, bordered by "Borodaill" to the north, "Brynwood" to the south and faces east onto the A3 main road (TT Course) and across the road towards the playing fields of Michael Primary School. The building is set back from the abutting highway with the entire front garden covered in gravel. There is a 2.2m hedge which runs along the stone/masonry wall, only broken up by the vehicular and pedestrian access at set sections.

1.2 The immediate area is characterised by a range of detached and semi-detached properties, many of which are particularly modern, with distinct designs and scales. The dominant materials tend to be smooth or rough cast render and slate roofs with a significant number of the properties having steeply pitched and flat roofed dormers, and flat roof elements on their front and side elevations serving garages and other utility spaces.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the demolition of the existing bungalow and erection of a replacement two-storey detached dwelling. The replacement property would consist of a principle section at the front, with an additional 'wing' set back from the majority of the principle elevation and extending rearward adjacent to the site's northern boundary. The 'wing' would incorporate a reduced ridge height relative to the dwelling's principle section, and therefore appear somewhat subservient in this respect. - 2.2 The dwelling would incorporate a dual-pitched hipped roof for all sections, with front and rear first-floor terraces, a stone chimney breast on the northern elevation, and PV solar panels on the rear roofslopes. The property would appear to be finished in white render with timber cladding at first-floor, unspecified roof tiles, substantial glazing at the rear and a timber/glazed front door. - 2.3 The proposals include a raised platform/terrace at ground-floor at the rear of the property surrounded by a metal balustrade, which makes use of the downward sloping topography of the plot from east to west. - 2.4 The application is submitted in tandem with an application for registered building consent for the abovementioned works, under PA 22/00784/CON.

3.0 PLANNING HISTORY - 3.1 20/00256/B - Alterations and erection of extension, attached garage and first floor terrace - Permitted - 3.2 06/00924/B - Extension of existing storm porch - Permitted - 3.3 04/00617/R - a) Retrospective application for the erection of a sun lounge to replace conservatory, repairs to existing and installation of an additional roof dormer - Permitted - 3.4 04/00617/PART- b) Retrospective application for the rebuilding of front wall - Approved at Appeal - 3.5 00/01679/B - Creation of new vehicular access - Permitted

4.0 PLANNING POLICY - 4.1 The application site is identified on the Kirk Michael Local Plan (1994) as land zoned for 'predominantly residential' purposes within the settlement boundary of Kirk Michael. The site falls within a Conservation Area but is not identified as being at risk of flooding. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

5 Design and visual impact Spatial Policy

• 3 Development in Service Villages

General Policy 2b,c,g General Development Considerations

Environment Policy 35 Development in Conservation Areas 42 Designed to respect the character and identity of the locality

Housing Policy

• 4 New Housing to defined existing towns Transport Policy

• 4 Highways safety 7 Parking

Infrastructure Policy

• 5 Water conservation and management

Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire

4.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.6 Planning Policy Statement 1/01, policy CA/2 echoes the guidance in EP35 about the need to acknowledge the special character of a Conservation Area in applications for development.

- 5.0 REPRESENTATIONS

5.1 Michael Commissioners - no response received at the time of writing. - 5.2 Highways Services - Development would have no significant negative impact upon highway safety, network functionality and /or parking (05.08.22). Continues to not oppose development upon receipt of amended plans (11.10.22 and 25.10.22). - 5.3 Highways Drainage - Request additional information demonstrating surface water would not drain onto the highway (25.08.22). Further request confirmation that the site is below the level of the highway following receipt of amended plans (13.10.22). - 5.4 Manx Utilities Authority - Request further detail on discharge of surface and foul water (21.09.22). Additional information provided considered acceptable with no further comments to make (09.11.22). - 5.5 Registered Buildings Officer - Objection. The principal elevation's prominent location adjacent to the junction of the two southern approaches to the village has the potential to significantly impact the character of the conservation area. The introduction of a two storey property with a road facing double gable featuring a shallow roof pitch is not a form characteristic of the conservation area. The proposal includes large areas of glazing, timber boarding (particularly on the west elevation) and a varied material palette that is not consistent with the form or finishes generally found in the conservation area. The modern form and substantial massing also fails to take account of the character of the immediate locality as required by environment policy 42. Proposals fail to protect, preserve or enhance the character of the conservation area. The application is therefore judged to be contrary to section 18 of the

Act, strategic policy 4 and environment policies 35 and 42 of the Strategic Plan, and policies CA/2 and CA/4 of PPS 1/01 (13.09.22).

Following the discussions with the applicant's agent and receipt of the amended proposals, the amended roof profile, form, and mix of materials is such that on balance the scheme would not affect adversely the character of the vicinity, and as such the overall character of the conservation area could be judged to be preserved (11.10.22).

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (SP3)
• - Impact on Conservation Area (STP5, GP2, EP35, EP42)
• - Impact upon neighbouring amenity (GP2, g)
• - Highways and parking (TP4, 7)
• - Other matters (RDG, EP22, CP7, 11 and IP5)

- 6.2 PRINCIPLE

• 6.2.1 The site falls within the settlement boundary of Kirk Michael and an area zoned as predominantly development in the Local Plan, where there is a general presumption in favour of replacement dwellings provided such development would not have an adverse impact on either adjacent property or the surrounding area in general. In this instance, such proposals would also be required to ensure that the character of the conservation area would be preserved or enhanced.

6.3 IMPACT ON CONSERVATION AREA

• 6.3.1 The existing property, whilst not unattractive, is of no particular architectural or historic merit and therefore its loss and replacement with an enlarged dwelling is not objected to in principle.

• 6.3.2 Following initial objections raised by the Registered Buildings Officer, revised plans have been submitted incorporating an amended roof form, which is considered to be more in keeping with the vernacular of surrounding properties and the conservation area in general. Concerns were raised over the prominence and intrusiveness posed by the front facing gables, and the subsequent detrimental impact this would likely pose to the intrinsic character of the conservation area.
• 6.3.3 The revised roof form represents a clear reduction in bulk and massing and, whilst the replacement dwelling is significantly larger than the existing in terms of footprint and scale; the property occupies a generous plot and therefore can comfortably be accommodated within the site without constituting a clear overdevelopment. Likewise, the dwelling is bounded by twostorey dwellings either side, and therefore its replacement with a two-storey property would not appear unduly prominent or incongruous in this context.
• 6.3.4 The proposed development represents a clean and modern design approach, which seeks to balance better utilising the site to provide additional and enhanced accommodation without being unduly excessive with respect to footprint and scale. The resultant dwelling is considered to be of a reasonably high-quality design which would sit well within the context of the streetscene, whilst not appearing unduly prominent or intrusive that would amount to a detrimental impact upon the character of the conservation area. The final quality of the development will however rest of the quality and suitability of the final external materials, and therefore it is considered necessary that further detail be provided for review and approval by way of condition.
• 6.3.5 On balance, the proposals would pose a neutral impact upon the character and appearance of the conservation area whilst representing good quality design, in compliance with General Policy 2 (b) & (c) and Environment Policies 35 and 42 of the Strategic Plan.

6.4 Neighbouring Amenity

• 6.4.1 The proposals represent a fairly substantial uplift in scale and floor area/footprint relative to the exiting property, and in particular would further encroach towards the mutual flank boundary with Borodaill (north). Whilst the relationship between the proposed dwelling and Brynwood (south) would be largely similar to the current situation in terms of positioning, the uplift in scale is such that the resultant dwelling would appear much more imposing.

• 6.4.2 Notwithstanding this however, the retained separation distance between the proposed dwelling and the neighbouring properties is considered to be sufficient to ensure that any issues of increase dominance and imposition pose by the development would not be significantly detrimental enough to warrant objection of the scheme. In particular, the dwelling is noted as being marginally angulated away from Brynwood relative to the current dwelling, whilst only projecting approximately 3m past the rear building line of Borodaill with an offset of a similar distance at this point from the mutual boundary.
• 6.4.3 The development is noted as likely giving rise to an increased degree of overshadowing to the rear garden space of Borodaill given its juxtaposition relative to the application site and the impact scale, bulk and footprint associated with the new dwelling. However, the proposed dwelling would incorporate a hipped roof that angles away from the mutual flank boundary which, combined with the retained separation distance, would soften the impact in respect of overdominance and overshadowing to a sufficient level. It is further noteworthy that no windows are present in the southern flank elevation of Borodaill, and therefore outlook from habitable rooms would not be materially affected. The proposals are therefore not considered to result in a significantly adverse impact in this regard either and are therefore acceptable in this context.
• 6.4.4 No windows are proposed in the northern flank elevation of the proposed dwelling at first-floor level, with a 1.8m high opaque privacy screen having been included on the plans for the northern end of the first-floor terrace at the officer's request in the interest of privacy. Likewise, the retained distance between the terrace and the closets habitable windows/rear garden space of Brynwood to the south is considered sufficient to ensure privacy would not be compromised. Two windows are however noted at first-floor level in the southern flank elevation, shown as serving a 'craft room'. It is therefore considered necessary that such windows be fitted with obscure glass and non-opening up to 1.7m above finished floor level, which can be sufficiently controlled via condition, in the interests of privacy.
• 6.4.5 In light of the above, whilst it is recognised that the replacement dwelling would clearly give rise to some degree of impact upon the amenities of adjacent properties either side; such impacts are not considered to be significantly detriment enough to merit objection to the scheme, or indeed to warrant the refusal of planning permission. The proposals are therefore deemed compliant with General Policy 2 (g) of the Strategic Plan.

6.5 HIGHWAYS AND PARKING

• 6.5.1 No objections have been raised by Highways Services with respect to the proposals, which would not include alterations to the existing access whilst providing sufficient parking for in excess of 2 vehicles. Noting concerns by Highways Drainage, the use of soakaways would clearly prevent any discharge of surface water run-off onto the highway and are therefore acceptable.

6.6 OTHER MATTERS

• 6.6.1 The proposed works comprise a replacement dwelling, and are not considered to pose any issues with respect to respect of criminal actively or spread of fire. Whilst the proposals will be increasing the overall floor space, the new dwelling would be served by soakaways/rainwater harvester tank which have been considered acceptable by Manx Utilities and therefore no concerns are raised in this regard. Whilst the proposed works are increasing

• the floor area of the property, it is not expected that the water usage of the dwelling will materially increase, therefore there are no new issues in this respect.
• 7.0 CONCLUSION

7.1 The proposed development is considered to constitute a high standard of design, making a more efficient use of the site by provide additional and enhanced residential accommodation, whilst ensuring that the character and appearance of the Conservation Area would be preserved. The proposals are further considered to not result in a demonstrably adverse impact upon residential amenity, whilst providing a high standard of accommodation for future occupants. The proposals are therefore deemed compliant with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and recommended for approval. - 8.0 INTERESTED 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 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 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: 16.11.2022 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.