**Document:** Planning Officer Report **Application:** 12/01231/B — Clearing and levelling of garden and erection of raised decking (retrospective) **Decision:** Permitted **Decision Date:** 2013-01-07 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3614-german-4-strand-street-clearing-levelling-garden-retrospective/documents/1283043 --- # Planning Officer Report ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report THIS APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS AN OBJECTOR IS THE HUSBAND OF AN EMPLOYEE OF THE DIVISION. ## The Site 1. The application site is the curtilage of 4 Strand Street, Peel which is a two storey end of terrace which is situated to the southern side of Strand Street, the application site adjoins number 6 Strand Street. 2. There is a fairly long, narrow garden which is to the rear of the application site which runs parallel with the rear boundary of 1 and 3 Orry Lane. 3. To the rear of the application site there is a small rear yard which links with 6 Strand Street, this then leads onto separate garden areas. From the rear yard there are several steps up to the garden area which is at approximately first floor height, this allows for the doors in the first floor extension to open out onto the rear garden. The rear garden of the application site is at a higher level than 1 and 3 Orry Lane. 4. The land slopes upwards towards the south of the site and is at a raised level at the rear of the garden. ## The Proposal 5. The application seeks permission for the clearing and levelling of the garden and erection of raised decking. This work is retrospective. The decking is situated to the southern end of the garden and is at a height of approximately 0.8m. The decking is of timber construction. ## Planning History 6. There have been a number of previous applications for this site, in 2011 there was an application for the additional use of the dwelling for tourist accommodation, and this application was permitted. There was also another application submitted in 2011 for the alterations and extension to dwelling including replacement windows, this application was also permitted. ## Development Plan Policies 7. The application site is in an area zoned as "Mixed Use" identified on the Peel Local Plan 1989. It is also within the Peel Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). ### 8. General Policy 2 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. ### 9. Environment Policy 35 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. ### Consultations 10. Peel Commissioners recommend approval 11. The owner/occupier of Grand View, Mount Morrison who is also the owner of 1, 3 and 5 Orry Lane, objects to the proposal. They object on the grounds of the height of the decking and the consequent loss of privacy. In summary they have noticed that the applicant has not levelled the garden and the decking is above the garden and is at a height of a full metre or more at the front end. The tenants using the decking are now able to sit and look in to the rear rooms of their property and appears to be more of a stage than decking. ### Assessment 12. The application site is in an area zoned as "Mixed Use" and is also within the Peel Conservation Area. The garden to the rear is fairly long and narrow and slopes upwards towards the south of the site. Like many of the rear gardens in the Peel Conservation Area, the gardens at the rear of these properties are all at different levels so there is already a degree of overlooking between properties. 13. The photographs which have been provided by the applicant demonstrate that there was a raised area to the rear of the garden which was supported by a stone wall. From the photographs it appears that the land sloped downwards from the south in a northerly direction towards the rear of the property. 14. Given that the rear garden is accessed via several garden steps it is much higher than the rear yards of 1 and 3 Orry Lane. There are windows in the rear elevation of both of these properties. 3 Orry Lane is closest to the decking; there is a window at ground floor level of this property which serves the kitchen. The kitchen was part of a previously approved extension in 2008; this brought the rear elevation of 3 Orry Lane much closer to the boundary shared with 4 Strand Street. 15. The decking is at the rear of the garden on what appeared to be the raised garden area supported by the stone wall. The fencing around the edge of the decking would be at a height just above the stone boundary wall which is shared with 3 Orry Lane. 16. The decking is raised in comparison to the lower garden area however, having looked at the photographs provided it is considered that there is little difference in levels between the garden prior to the decking and the height of the decking as proposed. 17. Having visited the site and stood on the decking it appeared that in order to look into the gardens and windows of the properties on Orry Lane, those stood on the decking would have to lean over the fence and wall and even then this would be at an obscure angle. Whilst stood on the decking there is no direct view into the properties on Orry Lane or the rear yards/gardens. Consequently it is considered that the decking would result in an undue loss of privacy through overlooking. 18. However given the objection which has been received it was felt that it would be necessary to view the application site from the properties which are within the objectors ownership. When stood in the rear yard of 1 and 3 Orry Lane the top of the fencing on the decking is visible the objectors concerns regarding a loss of privacy given that the fencing can be seen are understandable, but having stood on the decking the opportunity to see into the properties on Orry Lane is much less than one would perceive. 19. As explained above, the photographs show that the area to the rear was already at a raised level, this would have allowed for the owners/occupiers of the property to sit/stand on this area, which may have resulted in the perception of overlooking of the neighbouring properties, whilst the decking creates a more pleasant area to sit/stand it is considered that the impacts may be similar. 20. Whilst the application site is at a higher level than 1 and 3 Orry Lane, the decking would not result in undue overlooking or loss of privacy. 21. The other neighbouring properties are considered to be of a sufficient distance from the decking and therefore it is judged that they would not be unduly harmed by the application. 22. For the above reasons the application is considered to be acceptable and is recommended for approval. ### Party Status 23. The local authority, Peel Commissioners is, 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. 24. The owner/occupier of Grand View, Mount Morrisson also the owner of 1, 3 and 5 Orry Lane is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an “interested person” and as such should be afforded party status. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 19.12.2012 ### 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. This permission relates to the clearing and levelling of garden and erection of raised decking as shown in drawings site plan, sections and photographs received 6th September 2012. 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:** Approved **Committee Meeting Date:** 31/12/12 **Signed:** [Handwritten signature] **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/3614-german-4-strand-street-clearing-levelling-garden-retrospective/documents/1283043*