**Document:** Officer Report
**Application:** 17/00530/B — Alterations, creation of gable windows and installation of a dormer to dwelling
**Decision:** Permitted
**Decision Date:** 2017-06-28
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/22915-lezayre-1-rheast-mooar-lane-alterations-creation-gable/documents/1027281

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# Officer Report

**Application No.:** 17/00530/B
**Applicant:** Mr Mark James Stewart Rea & Miss Sarah Gordon
**Proposal:** Alterations, creation of gable windows and installation of a dormer to dwelling
**Site Address:** 1 Rheast Mooar Lane Ramsey Isle of Man IM8 3LP Case Officer : Mr Jason Singleton
**Site Visit:** 14.06.2017
**Expected Decision Level:** Officer Delegation

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of 1 Rheast Mooar Lane, a detached bungalow sited on the southern side of Rheast Mooar Lane, Ramsey. - 1.2 The existing dwelling overlooks an area of open space/field with the gable end facing the highway. The application site dwelling is finished in a painted render and has Upvc framed windows throughout. To the front and side of the dwelling is a garden area. The property has an integrated garage opening up out onto a driveway providing parking provisions for one vehicle. - 1.3 The surrounding area of Rheast Mooar is characterised by fairly similar dwellings with the dwellings all having comparable features. There are a handful of properties that have had a number of noticeable alterations and extensions. PROPOSAL

2.1 Proposed is the re-applying of a previous approved application (12/01193/B) which sought the alterations, creation of gable windows and installation of a dormer to dwelling. This permission lapsed in December 2016 without being implemented. - 2.2 This proposal does not make any amendments or alterations to the previously approved plans which details; The proposed dormer will measure 7.1 metres in length and be erected in the middle of the of the western roof pitch. The proposed dormer would have an overall height of 2.1 metres and would project 2.8 metres from the existing roof pitch. The proposed dormer would be finished in a dashed cement render painted to match the main dwellinghouse. Also proposed is the installation of two gable end windows; one to the southern gable and one to the northern gable end. The proposed windows would measure 0.8 x 0.8 metres and are to be created to allow for means of escape. - 2.3 The final element of the proposal is the installation of one roof light to the eastern roof pitch that would measure just less than 0.8 x 0.5 metres. The proposed roof would comply with the provisions of Schedule 1, Part 2, Class 28 of the Town and Country Planning (Permitted Development) Order 2012 and would therefore not require planning permission. PLANNING HISTORY

3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-

12/01193/B - Alterations, creation of gable windows and installation of a dormer to dwelling. Approved.

This approval for the erection for alterations, creation of gable windows and installation of a dormer relates to Drawing Number: 12/0111/01 date stamped 24th August and 12/0111/02 Rev: A and 12/0111/03 Rev: B date stamped 21st November 2012.

## PLANNING STATUS

4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan Order 1998. Map No. 1 (north). There are no policies within the written statement that accompanies the Local Plan that are considered specifically material to the assessment of this planning application.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states:

"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;

4.3 Paragraph 8.12.1 of the Isle of Man Strategic Plan 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'.

REPRESENTATIONS

5.1 Ramsey Town Commissioners have no objection to the proposal (23.06.17)

5.2 Highways Services no not object (08/06/17) - 5.3 An objection has been received (05/06/17) from the neighbour No.3 who back onto the application site and consider a window in the rear gable (south) would look down onto the rear of their property and into the sun room which is their preferred living space which at the minute is private. They would prefer no window in the gable and the installation of Velux type windows to give better light into the dormer bedroom.

ASSESMENT

6.1 The fundamental issue to consider in the assessment of this current planning application are; (i) the visual impact upon the character and appearance of the existing dwelling as viewed from the street scene; and (ii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.

6.2 The proposed dormer would be partially visible from Rheast Mooar Lane and Andreas Road particularly for one travelling in the north direction. However, one would have to consciously have to look to fully view the proposed dormer given the significant level of screening from the western boundary of the adjacent field. Given the layout, scale, form, design and finish of the proposed dormer to match the finish of the main dwellinghouse, the proposed dormer is not judged to cause a detrimental or damaging impact on the street scene and immediate surrounding area. As there is one dormer present on No. 14 Rheast Mooar Close and a number of other dwellings with dormers within the vicinity of the application site, the proposal is not deemed out of keeping within the locality.

6.3 With regard to the objection received in paragraph 5.3, concerning overlooking leading to a loss of privacy. It is noted in the previous application the officer concluded this matter as "Although views could be gained from the proposed southern gable window into the rear garden of No. 3 Rheast Mooar Close, it is not considered to be of a scale that would encourage overlooking and impact on the private amenity of the local residents of the neighbouring property". - 6.4 Having visited the neighbouring site, it is noted the boundary treatment is fence to a height of approx. 1.8m. The distance between the rear gable and the northern most elevation of the sunroom measurers 18.5m. Given the orientation of both properties and the height of the window in the southern gable, uninterrupted views into the rear garden area of No.3 would be achievable out towards the rear amenity space reducing the privacy once enjoyed by the occupants of No.3. However, when standing in the rear garden of No.3, (or in fact from their conservatory which is at a higher level approx.. 300mm) looking towards No.1 allows for uninterrupted views into the two windows in the south elevation. On balance, it has to be accepted there is mutual overlooking in existence. - 6.5 Having considered the above, whilst the principle of the dormer and converting the roof space above the dwellinghouse is acceptable, the installation of a window in the southern gable would lead to a detrimental impact on the occupants of No.3 leading to a reduction in privacy through overlooking to the rear amenity space. Consideration has been given to installing frosted glazing which would overcome any overlooking and can be conditioned.

RECOMMENDATION

7.1 Overall, it is concluded that the planning application complies with the aforementioned policies and is recommended for approval with a condition for obscure glazing in the southern gable window. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

No.3 - Rheast Mooar Close, as an adjoining neighbour.

Recommendation Recommended Decision: Permitted Date of Recommendation: 26.06.2017 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The proposed gable window in the south elevation shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

This approval relates to drawings referenced 12/0111/01, 12/0111/02A and 12/0111/03B date stamped received 15th May 2017.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 26.06.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

## 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.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/22915-lezayre-1-rheast-mooar-lane-alterations-creation-gable/documents/1027281*
