**Document:** Planning Officer Report and Recommendation
**Application:** 13/00179/B — Erection of garden store with terrace over (retrospective)
**Decision:** Refused
**Decision Date:** 2013-05-28
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/4019-lonan-pine-lodge-baldhoon-road-shop-retrospective/documents/1172527

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# Planning Officer Report and Recommendation

### Officer's Report

[Table omitted in markdown export]

#### The Application Site

1. The application site is the residential curtilage of Pine Lodge, a part single part two storey property sited on the southern side of the Baldhoon Road, Laxey. Given the topography of the landscape the dwelling is single storey at the front and two storey at the rear given the topography of the landscape.

#### The Proposal

2. This retrospective planning application seeks approval for the creation of a garden store with a terrace area above at the rear of the application site property in replace of an area of unused garden space.

3. The garden store and terrace has been erected to the north east of the application site dwelling on the boundary of the application site between 0.1 and 0.2 metres from the neighbouring property Shanti Ne Ketan.

4. The garden store has a height of 2 metres, length of 5.6 metres and a width of just less than 3.9 metres. The terrace has been erected above the garden store with a glazed balustrade to the front edge, south western edge and north eastern edge. The glass balustrade has a height of approximately 1 metre. In addition a 1.8 metres facing brick wall has been erected to rear edge of the terrace and part of the north eastern edge.

5. The garden store is erected below the detached garage of the neighbouring property and would be 0.1 metres from a walkthrough area linking the neighbouring property with the associated detached garage.

#### Planning History

6. This current planning application has been submitted as the result of an enforcement case: 12/00275/COMP.

7. Planning permission was granted in 2005 for the erection of a car port under PA 05/01910/B. Prior to this there was an application for erection of an extension which was granted planning permission in 2001 under PA 01/00344/B that comprised amendments to

previously approved planning application, PA 00/00510/B and finally, planning permission was granted for the construction of a conservatory in 1993 under PA 93/00995/B.

## Planning Policy

8. In terms of local plan policy, the application site is within an area designated as being Predominantly Residential use under the Laxey and Lonan Area Plan Order 2005 Map No. 2. There is one policy within the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application.

Policy L/RES/PR/1 states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
9. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 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:
- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (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; (1) 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."

Paragraph 8.12.1 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

10. Laxey Village Commissioners have no objection to the current planning application.
11. The Department of Infrastructure Highways Division does not oppose the current planning application.
12. The owner of Shanti Ne Ketan, direct neighbour of the application site, objects to the current planning application on the following grounds which have been summarised below:
1) The eastern elevation walls have been built so close to the neighbouring property that routine and repair works to the western elevation of Shanti Ne Ketan would not be able to be carried out;
13) The removal of a downpipe recently fitted to the neighbouring property;
14) Black PVC panels have been fitted to the wall of the application site property which extends into and obstructs the rain draining into guttering on our side of Shanti Ne Ketan;
15) Due to the height of the wall, natural daylight is restricted via the western elevation Velux window on the walkthrough area between the main dwelling and garage and to the rear garage window; and
16) The rough cement block wall is highly visible from the neighbouring property, the access lane and from Baldhoon Road and would impact on the value of Shanti Ne Ketan.

## Assessment

13. The key issues to consider in the assessment of this current planning application is the impact of the built garden store with terrace on the neighbouring property, Shanti Ne Ketan, and the impact of the development on the appearance of the dwelling and impact on the surrounding area.
14. With regard to the impact of the development on the neighbouring property, concerns have been raised by the owners of the Shanti Ne Ketan regarding the proximity of the garden store and terrace in relation to the occupants of the neighbouring property being unable to carry out routine repair and maintenance to the south western elevation of the their property. In addition during development of the garden store and terrace there has been a pipe removed from Shanti Ne Ketan.
15. The development has taken place within the curtilage of the application site property has been erected between 0.1 and 0.2 metres from the neighbouring property and abuts a section of the existing 2 metre high concrete trellis boundary wall. The development has been erected in an area that was previously an area of unused garden set behind the boundary wall and up the rear of the garage of Shanti Ne Ketan which is set above the application site.
16. The distance remaining between the two properties and the removal of a down pipe are not considered to be material planning matters and therefore hold no weight in the assessment of this current planning application. The two properties are erected 5.2 metres apart with the detached garage of Shanti Ne Ketan erected on the boundary of the application site immediately north of the garden store and terrace. Given the layout of the properties and proximity to each other it is inevitable that any development on the eastern side of the application site or western part of the neighbouring property would have an impact on the another. It is therefore imperative to consider the level of impact that the garden store and terrace has caused on the residential and private amenity of the local residents of Shanti Ne Ketan.
17. As previously mentioned the two properties are within close proximity to each other and are bounded by a concrete trellis fence measuring approximately 2 metres high. Within the objection made by the owners of Shanti Ne Ketan, concern was raised regarding the loss of natural daylight to the walkthrough area and garage. It is also essential to consider the impact of the development with regards to overlooking.

18. Prior to the construction of the garden store and terrace, views into the neighbouring property were attainable through the trellis wall along with the windows in the first floor eastern elevation of the application site dwelling. In addition, views were also gained from the western/south western elevation of the neighbouring property and the conservatory erected at the rear of Shanti Ne Ketan.
19. The introduction of the terrace above the garden store would significantly increase levels of overlooking that already exist. The introduction of the terrace area would allow direct views into the western/south western elevation and rear garden of Shanti Ne Ketan which would have an adverse impact on the residential amenity of the local residents of the neighbouring property contracy to General Policy  of the Isle of Man Strategic Plan 2007 and cause a severe degree of loss of privacy.
20. With regards to the loss of natural daylight to the walkthrough area and garage. The walkthrough and garage are not considered to be principal living areas and therefore whist the garden store with terrace above would partially block out some light into the garage via the rear and would most likely block all light to the walkthrough area, given that these are not areas that are not habitable the garden store and terrace is not judged to impact upon this area of the neighbouring property of a level to warrant a reason for refusal.
21. A final concern was raised regarding the value of Shanti Ne Ketan due to the erection of the garden store and terrace. House prices and the value of neighbouring dwellings is not considered a material planning matter and carries no weight in the assessment of this current planning application.
22. The proposed development is visible from a public footpath that runs to the south of the application site through Laxey Glen. The development is not considered to be of a scale that would harm the public amenity of those walking through the glen. The garden store with terrace above from ground level to top of the rear and side wall of the terrace measures 4 metres. The most visible section of the development would be the side and rear boundary wall of the trellis which is finished in a brick work similar to the finish of the lower section of the main dwellinghouse. Given the topography of the landscape and rear boundary treatment of the application, only partial views would of the garden store and terrace would be gained from Laxey Glen.
23. It is therefore concluded that the planning application would have an adverse impact on the residential amenity of Shanti Ne Ketan by reason of overlooking and loss of privacy and therefore does not accord to the provisions set out in General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007.

## Recommendation

24. It is recommended that the planning application be refused.

### Party Status

25. The local authority is, Laxey Village Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
26. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

27. It is considered that the following parties that made representations to the planning application should be afforded interested party status as they reside immediately alongside and raise concerns about loss of light which is a material consideration:

The owners of Shanti Ne Ketan, immediate neighbours of the application site **Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 21.03.2013 **Conditions and Notes for Approval / Reasons and Notes for Refusal**

**C : Conditions for approval**
**N : Notes attached to conditions**
**R : Reasons for refusal**
**O : Notes attached to refusals**

R 1. The erection of a garden store with terrace over, by reason of its form, design and siting would have an adverse impact on the residential amenity of the local residents of Shanti Ne Ketan by causing a high level of overlooking resulting in a severe loss of privacy which would be contrary to General Policy (g) of the Isle of Man Strategic Plan 2007.

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 :** Refused **Date :** 24.5.2013

**Determining officer (delete as appropriate)**

Signed : Signed : 522200000 Anthony Holmes Sarah Corlett **Senior Planning Officer** **Senior Planning Officer**

Signed : Signed : 522200000 Michael Gallagher Jennifer Chance **Director of Planning and Building Control** Development Control Manager

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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/4019-lonan-pine-lodge-baldhoon-road-shop-retrospective/documents/1172527*