**Document:** Planning Officer Report **Application:** 12/00342/B — Erection of extension to rear elevation **Decision:** Permitted **Decision Date:** 2012-04-12 **Parish:** Arbory **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2479-arbory-27-cronk-cullyn-extension/documents/1168834 --- # Planning Officer Report [Table omitted in markdown export] ### Officer's Report #### 1.0 Site 1.1 The application site forms the residential curtilage of 27 Cronk Cullyn, Colby which is a modern single storey detached bungalow located to the north-eastern side of Cronk Cullyn which is a newly built residential estate to the north of Main Road. #### 2.0 Proposal 2.1 The application seeks approval for the erection of extension to the rear elevation. 2.2 The proposed extension would have a rear projection of 5.2 metres, a width of 10 metres and a ridge height of 4.1 metres. The proposal would be set at a minimum distance of 3 metres from the western boundary of the site which is shared with Nr 28 Cronk Cullyn. #### 3.0 Planning Policies 3.1 The site lies within an area designated as part Existing Residential and partly within the Proposed Residential area noted as Area 14 on the Arbory and East Rushen Local Plan. The Written Statement which accompanies the Plan states "The Department remains of the opinion that Area 14 should remain as shown in the draft local plan for a total of 4 single storey dwellings only with a significant amount of landscaping to be introduced to the site to soften the impact not only of the new dwellings but of the buildings within Cronk Cullyn which are also clearly visible from the west" (paragraph 18.10). The policy in the local plan which applies to this site includes the requirement that "No development will be permitted above the 39m contour line although gardens, tree and shrub planting may be permitted outside the area indicated as Development Area 14". 3.2 Under the Modified Draft Area Plan for the South the area is recognised as predominately residential use. The site is not proposed to be within a Conservation Area. 3.3 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration: General Policy 2: "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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; [Table omitted in markdown export] - (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; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." ### 4.0 Planning History 4.1 The dwelling and its neighbours were approved on appeal under PA 01/1953. A further application was refused - PA 00/1456. Since then there has been a single application on the site for a rear extension which was approved – PA 09/00977/B. The adjacent site - plot 28 has been the subject of PA 07/0914 for an extension which projected 4.8m into the rear garden and was 9.5m long and encroached into the area above the 39m contour line which skirts the rear of this property. ### 5.0 Representations 5.1 The Highways Division and the Arborary Parish Commissioners have no objections to the proposal. 5.2 The Isle of Man Water and Sewerage Authority express an interest in the application. ### 6.0 Assessment 6.1 The main issues with the proposal is whether the scheme would have an acceptable impact upon the visual amenities of the street scene and whether the proposal would adversely affect the amenities of the neighbouring property, namely Nr 28 Cronk Cullyn which is to the west of the application site. 6.2 In terms of the visual appearance, the proposal from the Cronk Cullyn estate road would be very limited, if not totally screened given it is to the rear of the property. Consequently, the proposal would have no significant impacts upon the visual amenities of the street scene. 6.3 As indicated within the Development Brief for this site within the Arborary and East Rushen Local Plan, "No approval is hereby granted or implied for the extension of the estate road above the 39m contour line". The Inspector's report, paragraph 19 states "Amongst other things the Development Brief seeks to prevent development above the 39m contour line. That criterion is necessary in order to ensure that the built up area does not extend too far up the hillside, but it does restrict the area on which the bungalows can be built." He also comments in paragraph 27 that "I can see no substantial reason for interfering with the rights which new residents can reasonably expect" and did not support the application of a condition which restricts permitted development which may now include extensions to the dwelling. As such, regardless of the provisions of the local plan, an extension could be built to this property up to 15 square metres in size. 6.4 The extension is proposed within the area which lies beneath the 39m contour as shown on the local plan and as such the proposed development would not breach this policy within the plan. 6.5 In terms of the impact upon neighbouring amenities, generally the main issues which arise from extension are potential overlooking, loss of light and/or an overbearing impact upon the outlook. 6.6 In this case, it is considered given the orientation/siting between the application dwelling and Nr 28 Cronk Cullyn, the modest height of the proposal, the western boundary treatment (1.8 metre timber fence and landscaping) and the distance the proposal would be from the gable end of Nr 28 (no gable windows); the proposal would be appropriate form of development and have little impact upon the residential amenities. ### 7.0 Recommendation 7.1 It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and Arbory and East Rushen Local Plan, and for the reasons set out in this report, it is recommended that the application be approved. ### 8.0 Party Status 8.1 It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Arbory Parish Commissioners 8.2 Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. 8.3 The Isle of Man Water and Sewerage Authority do not raise material planning considerations and as such should not be afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 10.04.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the erection of extension to rear elevation as proposed in the submitted documents and drawing MMR12-02-01PA all received on 5th March 2012. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : 10-4-12 ### Determining officer (delete as appropriate) Signed : _________________________ Anthony Holmes Senior Planning Officer Signed : _________________________ Michael Gallagher Director of Planning and Building Control Signed : _________________________ Sarah Corlett Senior Planning Officer Signed : _________________________ Jennifer Chance Development Control Manager --- *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/2479-arbory-27-cronk-cullyn-extension/documents/1168834*