**Document:** Planning Officer Report Recommendation **Application:** 12/01317/B — Installation of a dormer window to rear elevation of dwelling **Decision:** Permitted **Decision Date:** 2012-11-09 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3418-braddan-25-linden-gardens-dwelling/documents/1280094 --- # Planning Officer Report Recommendation [Table omitted in markdown export] ### Officer's Report ### The Application Site 1. The application site is the residential curtilage of 25 Linden Gardens, a two storey mid terraced property adjoining No. 26 Linden Gardens to the west and No. 24 Linden Gardens to the east. Linden Gardens is sited northwest of Victoria Road, Douglas. 2. The existing dwelling is finished in a painted render with uPVC framed windows throughout. To the front of the property is a garden area bounded by a concrete wall with balustrading. To the rear of the property is a rear garden bounded by fencing to the neighbouring properties and the highway. 3. Linden Grove is characterised by a mix of dwellings and flats. The properties follow a similar uniform design and have a similar appearance. All properties have a rear yard with the flats having balconies to the rear elevation. ### The Proposal 4. The planning application seeks approval for the installation of a dormer window to the rear elevation of the dwelling. 5. The proposed dormer is 4.1 metres in width with a projection of just under 2.4 metres. The proposed dormer is to have a height of 1.2 metres and stretch the length of the pitched roof leaving 0.2 metres either side from the neighbouring properties. 6. The proposed dormer is to be finished in white uPVC weatherboard cladding with white uPVC framed double glazed windows with the flat roof finished in fibreglass or felt. ### Planning History 7. The application site has been the subject of two previous planning applications that are considered specifically relevant to the assessment of this current planning application: PA 12/01046/B: Installation of a dormer window to rear elevation of dwelling was refused on the grounds that the proposed flat roof dormer would be unsympathetic with the character of the existing and locality and the proposed dormer failed to comply with Building Regulations [Table omitted in markdown export] therefore cannot not meeting a standard living environment for the residents of 25 Linden Gardens. PA 02/02246/B: Residential estate layout with roads plots and sewers and the erection of sixteen houses and twenty four flats. This previous planning application was permitted. 8. No. 21 Linden Gardens has been the subject of one previous planning application that was approved and is considered specifically relevant to the assessment of this current planning application: PA 08/0877/B: Alterations and creation of a dormer window. 9. No. 39 Linden Gardens has been the subject of one previous planning application that was approved and is considered specifically relevant to the assessment of this current planning application: PA 08/00878/B: Alterations and creation of a dormer window. ### Planning Policy 10. In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Douglas Local Plan 1998 Map No. 3 (North). 11. 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; - (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." Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 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 12. Douglas Borough Council has no objections to the current planning application. ### Assessment 13. The key issues to consider in the assessment of this application are the impacts of the proposed dormer on residential amenity of the local residents of No. 26 and No. 22 Linden Gardens and the impacts of the proposal on the existing dwelling and the surrounding area. 14. It was felt that the previous application would be unsympathetic to the surrounding area given the siting of the dormer on a mid terraced dwelling. However, given that there have been two approved planning applications within the locality for the installation of a dormer, one at the end of a terrace and one adjoining an apartment block, it was felt that a precedent had been and set and the proposal would not warrant a further reason for refusal on the grounds of the form and nature of development. 15. When looking at residential amenity it is imperative that development creates not only an attractive feature but also incorporates a comfortable living environment. In the case of this current planning application the proposed dormer meets adequate living standards for two reasons. The previous planning application did not accord with the Building Regulations 2000: Protection from falling, collision and impact, Section 1, Stairs and Ladders and The Building Regulations 2000: Fire Safety, Section 2, Dwellinghouses. 16. This current proposal meets the standard requirements of providing a minimum headroom height of 2 metres on the access between levels. It is understood that the floor joists are to be lowered to accommodate the additional required headroom. With regards to The Building Regulations 2000: Fire Safety, Section 2, Dwellinghouses states that the maximum roof surface from the eaves to the vertical plane of the dormer should be 1.7 metres as it is a means of escape. The proposal details that the maximum roof surface from the eaves to the vertical plane of the dormer is 2.1 metres. However, it is understood that the dwelling has fire doors fitted throughout. 17. Although the previous planning application was also refused on the grounds of the design, form and appearance of the proposed dormer, given that the precedent has been set and the planning application can now provide adequate living amenity standards it was felt that the application is acceptable. ### Recommendation 18. It is recommended that the planning application be permitted. ### Party Status 19. The local authority, Douglas Borough Council, is 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. ### Recommendation ## 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 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval for the installation of a dormer relates to DWG. No. 01 and 02 both date stamped 27th September 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: 8.11.12 ## 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/3418-braddan-25-linden-gardens-dwelling/documents/1280094*