87522

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00030/B Applicant : Mr David Shillito Proposal : Alterations and extension to existing garden wall, removal of existing hedgerow and installation of glass balustrade and external stair Site Address : 9 Mourne View Peel Isle Of Man IM5 1UJ

Planning Officer: Mr Toby Cowell Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.03.2023 __

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 proposed development is considered to be of an appropriate design, without detriment to the amenities of surrounding residential properties or giving rise to any further planning issues, including matters relating to biodiversity. The proposals are therefore considered to comply with General Policy 2 of the Strategic Plan (2016).

Plans/Drawings/Information; This approval relates to drawings referenced; 19/2784/23/01, 19/2784/23/02, 19/2784/23/03, 19/2784/23/04, 19/2784/23/05 and 19/2784/23/06, all received on 13.01.23. __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE SITE

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1.1 The application site comprises a detached bungalow and its associated curtilage within the cul-de-sac of Mourne View, Peel. The property's garden area comprises grassed lawn to the front adjacent to the road, with additional lawn to the side and wrapping round to the rear. The rear garden slopes steeply downward from the property's ground level, with the dwelling benefitting from a raised patio at the rear enclosed by a low-level perimeter stone wall and hedging.

2.0 THE PROPOSAL 2.1 Proposed is the removal of the existing hedgerow and extension of the patio area up to the retaining perimeter wall, erection of glass balustrades to enclose the patio and construction of an external staircase from the patio to the garden on the northern elevation. The southern elevation of the patio would also include a modest uplift in the perimeter wall along a short section adjacent to the garage.

3.0 PLANNING HISTORY 3.1 Planning permission was previously granted for an extension to the northern elevation of the dwelling (PA20/01142/B) to facilitate additional living space. Additional planning history for the site does exist however is not considered to be of material relevance to the present application.

4.0 PLANNING POLICY 4.1 The site lies within an area zoned as 'Predominantly Residential' in the Peel Local Plan, and is not within a Conservation Area. General Policy 2 of the Strategic Plan 2016 requires development, amongst other things, to be of a suitable design so as to respect the site and its surroundings, whilst not adversely affecting the character of the surrounding landscape or townscape.

4.2 Also material in this instance is Schedule 1, Part 2, Class 16 of the Town and Country Planning (Permitted Development) Order 2012 (as amended) which relates to the erection of fences, walls and gates within the curtilage of dwellinghouses.

5.0 REPRESENTATIONS 5.1 Peel Town Commissioners - no response received at the time of writing. 5.2 Forestry Officer - no response received at the time of writing. 5.3 Ecosystem Policy Officer - This application includes the removal of a large stretch of hedge and replacement with a clear glass balustrade. Not only will the removal of the boundary hedge result in a net loss for biodiversity, but the proposed clear 'frame-less' and 'seamless' glass balustrade is a high bird strike risk and is likely to result in the injury and death of birds in the area. Transparent glass windows/balustrades pose a collision risk to birds when they are in flight.

In 2004 the British Trust for Ornithology (BTO) estimated that up to 100 million birds strike glass each year in the UK. Therefore, the Ecosystem Policy Team request that a condition is secured for details of measures to be put in place to prevent bird strikes on clear glazing to be provided to Planning for written approval prior to the installation of glass balustrading - this could include use of etching, ultraviolet coating, ultraviolet decals etc.

The agreed bird strike prevention measures must be installed immediately after the erection of the glass balustrade and maintained thereafter. We also request that a condition is secured for details of replacement hedging to be provided to Planning for written approval, prior to works taking place. The hedge must then be planted as per the agreed details and maintained thereafter.

5.4 Highway Services - no highways interest (27.01.23)

5.6 The applicant has provided a response to comments received from the ecosystems policy officer, with the following a general summary of such comments. The full response is available to read on the planning file.

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The applicants note that they have spent much time and money planting additional trees and bushes within the site, which was noted as previously bare of any planting prior to its purchase by the current owners in 2019.

Further comments are made on the accuracy of the ecosystems policy officer's reference to a 2004 article by the British Trust for Ornithology features on the BBC News website in 2013, with no mention in the article that glass balustrades are a hazard to birds, but rather glass windows. They further note that both neighbours have glass balustrades and have not reported any bird strikes since their erection, with the proposed balustrades to be surrounded by previously planted tall shrubs and trees.

The applicant considers it unreasonable to the Isle of Man to be compared to the UK with respect to bird strike figures given its size and rural nature, whilst considering that it is not realistic or fair for unproven figures to be quotes by the biodiversity officer, who has clearly not visited the site and noted the considerable levels of planting already undertaken, much of which is now taller than the height of the proposed balustrade.

6.0 ASSESSMENT 6.1 The proposals would result in minor changes to the existing rear patio area of the dwelling through the introduction of a small external staircase, a minor raising of a small portion of the perimeter wall and erection of glass balustrades. Such works would not be overly visible within the context of the streetscene, are consider minor in nature and not unreasonable to expect within a domestic setting in a built-up area. The proposals are therefore considered to be acceptable from a visual standpoint, without detracting from the character and appearance of the existing dwelling or that of the immediate streetscene.

6.2 The proposals are not considered to give rise to a material impact upon the amenities of adjacent properties to west, particularly noting that the rear patio is already in existence with substantial mature planting along the site's western boundary providing sufficient screening. Likewise, the existing hedgerow providing an element of screening around the patio area could be removed at any time, and therefore its replacement with glass balustrades is not objected to in terms of neighbouring impact.

6.3 Whilst the comments of the Ecosystems Policy Officer are noted, as specified above the hedgerow could be removed at any time without the need for any form of consent. Therefore, it is considered that requiring replacement planting within the site to compensate its loss is not considered to be reasonable in this instance. Likewise, it is noted that the applicant has introduced a sufficient degree of planting within the site since their purchase of the property in 2019, which is understood to have likely resulted in a positive impact upon the site's biodiversity credentials in any case.

6.4 With respect to the concern over bird strikes, comments from the Policy Officer are further noted, as is the response from the applicant. In the case of this application, it is considered that the addition of any etching or coatings would further enhance the visual impact of the balustrade which is meant to have a reduced impact in its appearance than fencing or walls, for example. Likewise, given the presence of large amounts of glazing in the rear elevation of the property, it is not considered reasonable or necessary to require the balustrades to include the addition of etching or coatings. It is also noted that the site is bordered by two residential properties to the immediate west and, giving the majority of the proposed balustrades would face in this direction, it is therefore reasonable to assume that potential for bird strikes as a result of the additional balustrades would be low.

6.5 Moreover, it is further material that the erection of the proposed balustrades has the potential to constitute permitted development in accordance with Schedule 1, Part 2, Class 16 of the Town and Country Planning (Permitted Development) Order 2012 (as amended) and

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therefore, together with the removal of the hedge, not require planning permission from the Department in any case.

6.6 Consequently, the proposals are considered to be acceptable in the context of safeguarding biodiversity assets, without the need for the attachment of the suggested conditions.

7.0 CONCLUSION 7.1 The proposed development is considered to be of an appropriate design, without detriment to the amenities of surrounding residential properties or giving rise to any further planning issues, including matters relating to biodiversity. The proposals are therefore considered to comply with General Policy 2 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 in Article 6(4) 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: 08.03.2023

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

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