DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00179/B Applicant: Mr Kevin Perks Proposal: Erection of decking and pergola to rear garden (retrospective) Site Address: Ballagorry Beg Glen Mona Ramsey Isle Of Man IM7 1HF Planning Officer: Mr Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.09.2023

Conditions and Notes for Approval

C : Conditions for approval

• N : Notes attached to conditions C 1. The proposed bamboo screen must be installed within one month of the approval. Reason; in the interest of protecting neighbouring amenities.

This application has been recommended for approval for the following reason. The proposed decking and pergola, with its mitigating measures, has an acceptable impact on the streetscene and has reasonable overlooking impact on neighbouring property.

Plans/Drawings/Information; This approval relates to the documents and drawing no. 01, 02P as having been received on 20th February 2023. _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Thie Grianagh Ballagorry, Glen Mona

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Ballakew, Ballagorry Drive, Glen Mona

is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy

16 Ballagorry Drive, Glen Mona

as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

Chinook, Ballagorry Drive, Glen Mona as they are located within 20m of the application site and have made representations in support of the application, in accordance with paragraph 2B of the Policy _____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site comprises the residential property of Ballagorry Beg, Glen Mona, a detached, 2-storey dwelling, located on the western side of the A2 at Glen Mona and to the east of Ballagorry Drive. The site is served by an existing vehicular access from the A2. The land level of the site rises steeply in the direction from the east (lowest) on the A2 to west onto Ballagorrey Drive (highest), with the highest point on the plot being the fence line adjacent to Ballagorrey Drive. This part of Ballagorry Drive is residential and is characterised by a mix of single, 1 ½ and 2-storey, detached dwellings standing on relatively spacious plots with a mix of hedging and fencing plus low level Manx stone walls to their plots' roadside boundaries. - 1.2 The applicants have erected a raised decked area in the NW corner of the garden fronting Ballagorrey Drive, and abutting the SW corner of the rear garden of the detached, 2storey, dwelling located immediately to the north, at Thie Grianagh. This property is also located on similarly sloping land.

2.0 THE PROPOSAL - 2.1 This application seeks retrospective approval for the erection of a timber decking. The decking is located in the northwest corner of the site adjoining the rear garden area and boundary fence of the neighbouring dwelling to the north at Thie Grianagh. It is located to the east of, and at the same level as the Ballagorry Drive, carriageway. The decking has a flat topped, pergola over it measuring approx. 2.38m high above the level of the decking x 3.1m wide x 3.5m long. - 2.2 The proposal includes the installations of bamboo fencing approx. 1.8m high above ground level on the north elevation to screen the decked area. The applicant also proposes to add planters to be stocked with hedging/shrubs along the east side of the decking in place of a guard rail.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY Site Specific - 4.1 The site lies within the settlement boundary for Glen Mona within an area designated as Predominantly Residential in the 1982 Development Plan. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 3 and 5
• o General Policy 2 (b) (c) (g) (m) (n)
• o Environment Policies 2, 22 iii) and 42
• o Community Policies 7 and 10

PPS and NPD

4.3 There is no planning policy statement or national policy directive considered to be materially relevant to the consideration of this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Section 4.11 Roof Terrace, Balconies, Decking and Patios
• o Chapter 5 Architectural Details
• o Chapter 7 Impact on Neighbouring Properties

6.0 REPRESENTATIONS - 6.1 Garff Commissioners objects to this application (22.03.2023). The comment states the decking and pergola is out of character with the area. - 6.2 DoI Highway Services states there is no highway interest in this application (16.03.2023). - 6.3 The owners/occupiers of the following properties (in no particular order) have written in to object this application (05.03.2022-18.03.2022).

• o Thie Grianagh Ballagorry, Glen Mona
• o 16 Ballagorry Drive, Glen Mona
• o Ballakew, Ballagorry Drive, Glen Mona

6.4 The representations which include material planning considerations can be summarised (in no particular order) as the following:

• o intrusion of privacy
• o negative impact on the streetscene
• o ineffectiveness of existing and proposed screening measures

6.5 The points made from the above representations which would not be a material consideration in planning terms can be summarised (in no particular order) as the following:

• o disturbance from domestic gathering (in the garden of a house)
• o better location/alternatives for the proposal (not related to the current application)
• o functionality of the decking (as long as it's for domestic purposes)
• o parking (not related to the current application)

6.6 The applicant has responded to the comments made by the local authority as well as the neighbouring properties (24.03.2023-29.03.2023):

• o the structure would fit in with its surroundings given its timber nature
• o there is already a similar structure on the road.
• o planters and planned planting will help the character to fit in
• o proximity to the road should not be a planning consideration
• o personal use of the garden should not be a planning consideration
• o degree of overlooking does not change because of the decking
• o neighbouring vegetation is reducing overlooking.
• o proposed screen will be effective in reducing overlooking.

6.7 The owners/occupiers of Chinook, Ballagorry Drive wrote in support of the application. The comment states that the pergola is surrounded by vegetation and does not look out of place. In addition, with proper surface treatment and new plantation the pergola could enhance the character of the area.

7.0 ASSESSMENT Elements of Assessment - 7.1 The key considerations in the determination of the application are its impact on the character and streetscene of the area and on the residential amenities of occupants of neighbouring properties. The application proposes the retention of, and addition to works within the garden area of a lawfully erected dwelling located within a residential area. The principle of development, is therefore, considered to have been established. Fallback position - Permitted Development - 7.2 The Permitted Development Order (PDO) allows for decking to a certain limit to be constructed without planning approval. However, the current proposals fail to meet the requirements outline din the PDO in respect of distance to a highway. The PDO requires a development to be no closer to a highway than the house itself, the proposed decking abuts the Ballagorry Drive, which runs alongside the western side boundary of the garden serving Ballagorry Beg. The development, proposed to be retained, otherwise meets all other requirements outlined in the PDO except this one. - 7.3 The application is mostly retrospective and the decking has been built. In this case, it is considered that the fallback position - namely the impact of a PD decking should be examined. - 7.4 Therefore, this assessment will first assess the impact of the decking as a typical application, then evaluate the impact of a PD decking and finally compare the impact of these two. Character and Streetscene - 7.5 While the site is within an AHLV's, it is also in a relatively urban setting given the character of the site and surroundings as outlined in Section 1 of this Report. The visual impact of the development as carried out taking into account the quality of design of the proposal is important in this context. - 7.6 The site has a western roadside boundary to Ballagorry Drive, which is presently marked by hit and miss, vertical, timber fencing approx. 1.0m high above ground level, along much of the road frontage, with a broadleaf, evergreen hedge planted on the inside of the fence and decking/pergola is visible from the road side. On the same road, there are instances of timber fences and vegetation along many boundaries. The pergola has wooden supports in each of its 4 corners, and is an open structure with 5 No. cross-braces on its 'roof'. It is painted a light green colour. It abuts mature trees located in the adjoining corner of the rear garden of Thie Grianagh, immediately to the north, and is screened in part from views from the south along Ballagorrey Drive by the broadleaved hedge screen located just inside the roadside boundary of this part of the garden serving Ballagorry Beg. As such, it considered that it whilst visible in the street scene, it does not represent a visually intrusive feature, and its visual impact on the character of the site and surroundings is considered to be acceptable.

• Neighbouring Amenities
• 7.7 The decking/pergola is not considered to have any overbearing or overshadowing impact on neighbouring properties, in particular that adjoining the site at Thie Grianagh. Neighbouring Amenities - Overlooking
• 7.8 The applicant can use any part of the site for purposes incidental to the enjoyment of the dwellinghouse, that do not meet the formal definition of 'development' as advised in the Town and Country Planning Act (1999). This lies outside the control of DEFA Planning. However, the erection of decking which is sited more than 300mm above existing ground level, and which is not level with the ground where it would form a flat surface, is considered to be a building operation that constitutes 'development', and, as such, requires planning approval. Therefore, the impact of using this part as a raised decked area with pergola over, constitutes development, hence the requirement for this planning application.
• 7.9 In terms of its location relative to neighbouring dwellings, it is noted that the decking is sited approx. 15.0m corner to corner with the built form Thie Grianagh house. Therefore, it is considered that there is an overlooking impact in planning terms, albeit any views from the decking towards the side/rear of the Thie Grianagh house, would be indirect.
• 7.10 The decking is built on a steep slope. The steep slope is used to gain access to the NW point of the garden serving the Ballagorry Beg and its distance from the Ballagorry Beg house (approx. 14.0m) would, without the decking being present, mean its use for long periods is very likely to be limited. Also, without the decking it would be difficult to look into the neighbouring property unless an adult person is standing at exactly the northwest corner point of the site.
• 7.11 With the decking in place, people using it can occupy it in reasonable comfort. Since the decking is about the same level as Ballagorry Drive, the entire north and east side of the decking can provide opportunities for overlooking the boundary fence into the rear garden area of Thie Grianagh. Its presence also allows people to use this part of Ballagorry Beg's garden more easily. It further provides the occupants of Ballagorry Beg with a more useable garden area, with the decking located away from the rear of the dwelling. It is, therefore, reasonable to consider that the presence of the decking may intensify the use of this part of the site and, in so doing, provide increased opportunities for overlooking of Thie Grianagh.
• 7.12 The decking is located adjacent to the boundary with Thie Grianagh. While there is mature and relatively dense vegetation within the immediate vicinity of the boundary fence separating Thie Grianagh and Ballagorry Beg, which provides some mitigation from overlooking from the decking, this lies in the neighbours garden, and outside the applicants ownership/control, and as advised in Paragraph 7.6, above. Therefore, the vegetation screening within the garden area of Thie Grianagh, cannot be considered in the long term as a feature that would ameliorate any impacts arising from overlooking.
• 7.13 The applicant has suggested that vegetation is planned to be provided in planter boxes on the pergola that can help reduce overlooking in the future. However, the growth of such vegetation cannot be relied on as such planting cannot be conditioned because the planters are moveable features. Whilst they may prove helpful in providing screening over time, they cannot be considered as securing appropriate mitigation that would resolve any impacts such as loss of privacy to the occupants of Thie Grianagh, arising from any overlooking.
• 7.14 The proposed full-height bamboo fencing would decrease the overlooking impact on the north side of the decking, and would assist in resolving this particular issue. It would not resolve any overlooking to the south or west, however, any such views would be of either the Ballagorry Beg garden area, or Ballagorry Drive.

• Fallback Position - Revisited
• 7.15 On one hand, the requirement for keeping sufficient distance from a highway in the Permitted Development Order means the development fails this requirement, although its retained presence would not have an unacceptable impact on highway safety. The visual impact of the development on the character and appearance of the streetscene has been considered to be acceptable as outlined in paragraphs 7.6 and 7.7 above. As there has been no objection from highway services to the proposals, it is considered that no harm to highway safety would arise as a result of the development.
• 7.16 On the other hand, there is no minimum requirement in respect of maintaining distance to neighbouring properties. The impact on the amenities of occupants of neighbouring amenities is not a consideration in the PDO for decking.
• 7.17 The property abuts a highway on the front and rear boundary, it is not the most common situation but it is relatively common on the island. It is considered that although the proposal does accord with the requirements of the PDO, its impacts do not exceed the PDO's requirements. Planning Balance Assessment
• 7.18 The increased visual presence of the pergola to serve the decking is considered insufficient to recommend the application for refusal. While there would still be some overlooking from the east elevation created by the decking, considering the fall-back position, the erection of bamboo fencing panels on the northern side of the decking would ameliorate the worst aspects of any overlooking, and given the oblique angle of observation of the side/rear of the dwelling at Thie Grianagh, any remaining opportunities for overlooking of this adjoining property are considered to be within acceptable bounds.

8.0 CONCLUSION - 8.1 The proposed decking, with its mitigating measures in the form of bamboo fencing panels applied to the northern side boundary in the area where the decking is located, would result in both an acceptable visual impact on the character and appearance of the street-scene and would result in an acceptable impact in respect of overlooking/loss of privacy on the residential amenities presently enjoyed by the occupants of the neighbouring property at Thie Grianagh. The application is, therefore, recommended for approval.

9.0 INTEREST 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 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.

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: 12.09.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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