**Document:** Officer Planning Report **Application:** 11/00124/B — Erection of a conservatory (Retrospective) **Decision:** Permitted **Decision Date:** 2011-04-12 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/476-michael-garey-veg-main-road-conservatory-retrospective/documents/1242969 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The application site represents the curtilage of the detached single storey property Garey Veg, Main Road, Kirk Michael. The property has on site parking and until recently also had a corrugated metal shed to the rear which was relatively large and used as a domestic workshop. #### The Proposal This application seeks retrospective approval for the construction of a conservatory to the rear elevation. The structure would have a floor area of just under 15 sq.m and a maximum height of 3.9 m. The conservatory has been constructed 1 metre from the boundary shared with "The Creggans". Due to the slope of the site, the conservatory has been built above a 2 m high wall. The dimensions and siting of the conservatory are such that it would fall within the provisions of the Permitted Development Order however as the site is within a conservation area, the PDO does not apply to the site. ## Planning Status The application site is located within an area identified as being Predominantly Residential use by the Kirk Michael Local Plan. The site is also within the Kirk Michael Conservation Area. Within the adopted Isle of Man Isle of Man Strategic Plan 2007, the following policies are considered relevant: General Policy 2, which 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; - (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." Environmental Policy 35, which states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." Paragraph 8.12.1, is also considered to provide useful guidance. This 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." ## Planning History The following previous planning application is considered relevant in the assessment and determination of this application: 99/02133/B sought approval for the erection of an extension to the dwelling. This was permitted. 09/00468/B sought approval for the removal of workshop and erection of a two storey extension. This was permitted. ## Representations Michael Parish Commissioners have requested that this matter be deferred until after their meeting on the 2nd March. No response has been received to date. The Highways Division does not object to this application. The Isle of Man Water and Sewerage Authority has commented on surface water disposal, a matter which is covered by the 1999 Sewerage Act. ### Assessment The main issues to be considered in the assessment of this application are the impact of the proposed extension upon the existing property, the impact of the proposed extension upon neighbouring properties and the impact of the proposed extension upon the surrounding area which is designated as Conservation Area. The conservatory is not readily visible from the highway and as such public amenity is not affected in a way that would cause any tangible harm. It is judged that the character of the conservation area would be preserved by this development. Impacts upon adjacent properties are of greater concern. Having visited the site, it is judged that the relatively high position of the glazing gives rise to an unacceptable level of overlooking onto "The Creggans". This is from the side windows at close range directly over the rear garden. It is judged that this could be mitigated by changing the glazing in this elevation to either obscured glazing or preferably by solid panels. Solid panels would be a better method of removing overlooking as even the highest level of obscuration can still give rise to a perception of overlooking, for example at night time when lights are on. Having discussed this matter with the applicant's agent, it is judged that obscure glazing would be acceptable however it is concluded that this would only be in conjunction with the windows on the side elevation being non-opening (the middle window is top hung and opens outwards). Impacts upon the dwelling Sea Crest which is to the rear boundary of the site are not as pronounced due to the separation distances between the properties. The removal of the large workshop which previously occupied the rear section of the site will have undoubtedly had a beneficial impact upon Sea Crest however the conservatory has introduced a level of overlooking which previously did not exist. However, on balance, it is judged that the proposed conservatory is marginally acceptable in terms of its impact upon Sea Crest. ### Recommendation It is recommended that permission be granted on condition that within 3 months the windows in the side elevation of the conservatory (that which faces "The Creggans" be replaced with solid panels to remove the unacceptable close range overlooking. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Michael Parish Commissioners Accordingly the following parties are not granted Interested Party Status: The Department of Transport 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. ### Recommendation Recommended Decision: Permitted ## 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. This approval is relates to the erection of a conservatory, Garey Veg, Main Road, Kirk Michael as shown by REF 1, REF 2, REF 3, REF 4, REF 5, REF 6, REF 7 and Elevation/Plan Detail all received 31st January 2011. C 2. Within 3 months of the date of the final decision notice of this approval, the glazing in the side (south western) elevation of the conservatory must be replaced with non-opening obscure glazing to at least Level 5 of Pilkington's Guide to Obscuration in order to remove overlooking onto the adjacent property "The Creggans". I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : 7/4/11 Signed : Senior Planning Officer --- *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/476-michael-garey-veg-main-road-conservatory-retrospective/documents/1242969*