**Document:** Officer Report Recommendation **Application:** 12/00430/B — Erection of a detached dwelling (Amendment to PA 09/01058/B) **Decision:** Permitted **Decision Date:** 2012-04-30 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2564-braddan-land-adjoining-sutton-oak-lower-dwelling/documents/1269074 --- # Officer Report Recommendation [Table omitted in markdown export] ### Officer's Report #### The Application Site 1. The application site is the curtilage of a newly formed parcel of land, formerly part of garden for Sutton Oak and Sutton Oak Cottage residences, located on the south eastern side of Lower Dukes Road. The application site is currently being developed for separate residential purposes following the approval of PA 09/01058/B to erect a detached dwelling. The front elevation of the application site is set back approximately 7 metres from Dukes Road, whilst the rear elevation is set back approximately 22 metres from a narrow rear lane than divides the application site from a residential terrace on neighbouring Marathon Avenue. #### The Proposal 3. The proposal for the current application seeks approval for an amendment to design of the detached dwelling approved in planning application 09/01058/B. The applicant has decided to utilise attic space within the approved dwelling (which does not require planning permission), and subsequently seeks approval for an additional window in the front elevation gable-end and an additional window in the gable-end on the rear elevation. 4. The front elevation window will be approximately 900mm wide and 800mm in height. The window will be located in the centre of the front elevation gable-end. 5. The rear elevation window will be triangular in shape and will be 2 metres in height at its highest point and 3 metres wide at its widest point. #### Planning History 6. The application site has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application: 09/01058/B – Erection of a detached dwelling – Approved. 09/00359/REM – Reserved Matters application for the erection of a dwellinghouse – Withdrawn. [Table omitted in markdown export] 08/01135/A – Approval in principle to erect a dwelling and garage – Approved. ### Planning Policy 7. The application site falls within an area designated for Predominantly Residential use in the Douglas (South) Local Plan 1998. There are no policies that accompanies the local plan, which are considered specifically material to the assessment of the planning application. 8. 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: - (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". ### Representations 9. The Highways Division have recommended approval subject to visibility splays of 2.4 metres by 23 metres are implemented as shown in previous application 08/01135/A. This comment is not considered to have any relevance to the current application and therefore will not be materially considered as part of the application's assessment. 10. The occupant of Langdale House, Dukes Road, Douglas, has written into the Planning Enforcement Officer on 19 March 2012 to express their concerns that a window has been built into the roof space in the new dwelling being built on the application site and consequently would adversely affect their private amenity as it would face directly down their driveway and into their bedroom window. The representation makes reference to previous planning application 08/01135/A, but it is obvious they were referring to previous application 09/01058/B which approved detailed plans for the detached dwelling. 11. The Manx Electricity Authority has expressed an interest in the application. 12. Douglas Corporation Drainage Division indicate that no surface water should be discharged to the main foul sewer. ### Assessment 13. The principle for the application site's use was approved in the previous planning application 08/01135/A, and detailed plans for a detached dwelling were approved in application 09/01058/B. As such, the principle and scale of development on what constitutes a 'backland site' has already been established. The current proposal therefore should be assessed upon its impact on surrounding properties and the character of the approved dwelling and the surrounding area. 14. The proposed creation of a window in the gable end on the front elevation is less than 1 metre square and is greater than 35 metres away from Langdale House. As such, contrary to the concerns of the Langdale House resident, it is not considered that the proposed window will have an adverse impact on the private amenity of Langdale House or other surrounding properties. Furthermore, the proposed window is not considered to significantly detract the character of the dwelling approved in previous application 09/01058/B. 15. The proposed creation of a triangular-shaped window on the rear elevation is substantial in size and covers most of the rear elevation gable-end at roof level. The distance between the rear elevation of the proposed dwelling and existing dwellings in the terrace beyond the curtilage boundary is in excess of 20 metres and as such is not considered to adversely affect their private amenity. 16. Overall, the level of development is relatively modest and in keeping with the character of the previously approved dwelling (09/01058/B). The proposed amendments would not adversely impact on neighbouring properties due to the substantial distances between the properties. As such, the proposal complies with the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007. ### Recommendation 17. It is recommended that the planning application be approved. ### Party Status 18. It is considered that the following parties that made representations to the planning application should be afforded interested party status: The local authority, Douglas Borough Council are, 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. The occupant of Langdale House is, by virtue of the Town and Country Planning (Development Procedure) Order 2006, paragraph 2 (1) (c), considered an 'interested person' and should be afforded party status. 19. It is considered that the following parties that made representations to the planning application should not be afforded 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. The Manx Electricity Authority have not raised any material planning concerns and therefore are not afforded 'party status'. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 20.04.2012 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 a dwelling as shown in drawing no. G/101/1 (D) and G/101/2 (D), received on 21 March 2012. C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval). C 4. There must be no discharge of surface water to the main foul sewer. 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 : 27-4-12 Determining officer (delete as appropriate) Signed : [Handwritten signature] Anthony Holmes Senior Planning Officer Signed : [Handwritten signature] Michael Gallagher Director of Planning and Building Control Signed : [Handwritten signature] Sarah Corlett Senior Planning Officer Signed : [Handwritten signature] 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/2564-braddan-land-adjoining-sutton-oak-lower-dwelling/documents/1269074*