**Document:** Planning Officer Report Recommendations **Application:** 11/00564/B — Extension over existing apartment to provide additional living accommodation **Decision:** Permitted **Decision Date:** 2011-07-08 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/912-rushen-20-church-extension/documents/1247802 --- # Planning Officer Report Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations None received at time of drafting report ### Consultations [Table omitted in markdown export] ### Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE DIRECTION OF THE SENIOR PLANNING OFFICER #### The Site The site represents the curtilage of a first floor living unit, situated on the eastern side of Church Road, above a retail unit. The flat front door is to the left of the shop unit and the upper floor has a flat roof and two large square window apertures with two smaller ones each side, on the front elevation. At the rear there is a flat roof over the rear of the shop which is used as an amenity area - clothes drying and sitting out, accessed via patio doors from the rear of the flat. The flat is limited in size - accommodating two bedrooms, a bathroom, kitchen and lounge. The buildings on each side are of a similar appearance and use. Further east, number 24 steps up at first floor level and is 2m taller than the adjacent property. The streetscene is characterised by a mixture of building heights, finishes and styles, some with flat roofing, some pitched. #### Planning Status The site lies within an area of Mixed Use on the Port Erin Local Plan of 1990 and the draft Southern Area Plan of January 2011. The site is not within a Conservation Area nor is the building protected in any way. ### The Proposal Proposed is the upward extension of the property through the addition of a mansard style roof on top of the existing first floor accommodation. The finished ridge will be 3m above the existing roofline, effectively adding another full storey of accommodation on to the unit. The roofing will be finished in a pressed steel roof sheeting system which is a lightweight interlocking system which gives the appearance, from a distance, of tiles in a charcoal grey colour. The new accommodation will be two bedrooms and a bathroom, accessed through the former kitchen which is to be changed to a hallway. The initially submitted plans showed a secondary means of access via an external staircase out onto the flat roof at the rear. This is no longer proposed. ### Planning Policy The proposal should be considered in respect of 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 space 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 adverse 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." ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: PA 02/02092/B sought permission for the change of use from retail to food takeaway, alterations to the shop front, and installation of an extraction flue on the rear flat roof. This application was withdrawn 6th March 2003. PA 07/01823/B sought permission for the installation of French doors at the rear of the building providing access to the flat roofed area. This application was refused with the reason for refusal stating: "The proposed double doors would allow the use of the flat roof area as amenity space which would result in overlooking of adjacent properties by users of the space. It would have an un-neighbourly and detrimental impact upon adjacent properties." PA 07/2329 proposed the installation of patio doors but with a metal rail which would prevent access. This was referred to at condition 3 which read: "The metal guard railings must be installed as shown in Drawing No. 1.730-101-01 Rev A and retained thereafter." These railings are in place but as is clear from the photographs, are openable and the roof is used for clothes drying and amenity purposes. ### Representations Port Erin Commissioners indicate that they do not oppose the application. Highways and Traffic Division whilst not objecting, indicate that there is presently no off street parking and this area is becoming more congested. ### Assessment The main impacts of the proposal are the visual impact on the streetscene and any impact on the outlook and privacy of those in neighbouring property. In terms of the streetscene the existing flat roofed units on this side of the road are not overly attractive and there is no complete consistency within the street in terms of finish and height. The roof as proposed will not be visible from the southern side of the road - the same side as the site - and only if one looks up will the roof be visible from the other side of the road. The gaze of most users of the road is drawn to the ground floor shop units, not the roof level. As such, whilst not an overly attractive extension, it is considered that the visual impact would be so adverse and viewed by so many people as to warrant refusal of the application. The windows in the properties to the rear, across the rear lane are more than 36m away and the new second floor patio doors are unlikely to provide any more significant view over neighbouring property than is already available. The view is of the flat roofing behind and above the ground floor retail units. As such, it is not considered that the extension will result in a significantly adverse impact on the amenities of those in neighbouring property. The Highway Authority is concerned that the proposal will result in additional occupation without the provision of off street parking spaces. The proposal will provide a dining room and an additional bathroom as shown in the plans with the remainder of the rooms being enlarged. As such, it is not considered that the proposed extension increases the accommodation by so much as to warrant refusal on the basis of inadequate car parking. All in all, whilst not the most attractive of extensions, there are no local objections and its impact is limited to those on one side of the roadway who happen to be looking up. The options for roofing are limited by the weight capacity of the walling onto which the roof will be placed. ### Party Status The local authority, Port Erin Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded 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 Date of Recommendation: 22.06.2011 ### 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 use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. C 2. This permission relates to the alterations and extensions shown in drawings 11-J026-00, 11-J026-01 and 11-J026-02 all received on 18th April, 2011 and 11-J026-03 Rev 2 and 11-J026-04 Rev 2 both received on 16th May, 2011. N 1. It should be noted that the patio doors approved under PA 07/2329 were required to have a railing to prevent access onto the rear flat roof. This is still applicable and there is no approval granted or implied either by that approval or by this permission for use of the flat roof. In order for this to become legitimate, planning permission and approval under the Building Regulations would be required and the latter would require sufficient information to confirm that the roof is of sufficient load bearing strength to accommodate the proposed use and that there are sufficient railings and protection for those using the roof - which there are not at present and for which planning and Building Regulation approval would be required. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : A Committee Meeting Date : 7-7-11 Signed : S. Shoult Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO --- *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/912-rushen-20-church-extension/documents/1247802*