**Document:** Officer Report 10/00385/C **Application:** 10/00385/C — Erection of a conservatory shop front display area **Decision:** Refused **Decision Date:** 2010-07-20 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36016-lezayre-shop-albert-street-christian-conservatory/documents/1349392 --- # Officer Report 10/00385/C **Application No.:** ** 10/00385/C ** **Applicant:** ** Mr Steven Parker ** **Proposal:** ** Erection of a conservatory shop front display area ** **Site Address:** ** Shop Albert Street - Christian Street Ramsey Isle Of Man IM8 2EL ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** 19/04/10 ** **Site Visit:** ** 19/04/10 ** **Expected Decision Level:** ** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Clerk To The Commissioners **Notes:** no objection. **Consultee:** Highways Division **Notes:** ### Officer's Report #### The Site The application site represents the curtilage of 'Outdoors' Albert Road/Christian Street, Ramsey which is a single storey attached property, which is located on a corner plot with Albert Road to the south and Christian Street to the east. #### Planning Status The application site is within an area recognised as being an area of 'mixed use', under the Ramsey Local Plan. The site is not within Ramsey Conservation Area. The following policies are therefore considered relevant in the consideration of this application: - Ramsey local Plan 1998 – Planning Circular 2/99; and - The Isle of Man Strategic Plan (20th June 2007) - General Policy 2 Due to the zoning of the site the following policy is relevant for consideration:- #### "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; 8 July 2010 10/00385/C Page 1 of 4 - (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; - (I) 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 applications should be considered in the assessment and determination of this application:- Construction of a roof over existing rear yard - 07/01376/B - APPROVED Change of use from vacant electronics shop to tool hire shop - 89/01684/C - APPROVED Change of use from electrical repairs shop to wet fish shop - 89/01069/C - APPROVED ### The Proposal This application seeks approval for the erection of a uPVC conservatory shop front display area. The proposal would have a projection of 3.4 metres, a width of 5.7 metres and a total height of 4 metres. ### Representations The Authority has received no other privately written representations objecting to the application. ### Assessment The main issue with the proposal is whether the proposal would adversely affect the visual appearance of the street scene and/or impact upon residential amenities. The existing flat roofed building is located on a prominent corner within Ramsey. The proposed conservatory would be finished with white uPVC and would have a lean-to roof design. The proposal would be constructed on the existing external sales forecourt. The proposal would be set forward of the existing front elevation facing Albert Road and therefore forward of the front elevations of 1,3 \& 5 Albert Road which form a row of terraced properties. The proposal would be within a very prominent position within the street scene. Currently there is a 1.7 metre high wall which is sited to the western boundary of the application site. Also directly to the east of the application site, across Christian Street, comprises the large Co-op shop which projects further than the proposed conservatory and is significantly taller in height. The concern with the proposal relates to the design, size and siting of the proposed conservatory and the potential adverse visual impact the proposal would have upon the existing property and neighbouring properties Nr 1-5 Albert Road and consequently the appearance of the street scene. It is considered the proposal would be totally out of keeping with the existing properties mentioned above, and given its very prominent position would be highly visible from Albert Road, Queens Pier and Christian Street. A further potential issue is upon the residential amenities of the neighbouring property Nr 5 Albert Road. This is due to the projection of 3.4 metres and the potential impact upon the ground floor bay windows and the garden area (amenity space) fronting Nr 5 Albert Road. As indicated previously the boundary shared by these properties consists of a 1.7 metre high wall. Given the lean-to nature of the proposal, the highest aspect of the proposal would be 4 metres from ground level ( 2.1 metres above the existing wall). This gradually decreases to 3.1 metres above ground level ( 1.2 metres above the wall). It could be argued that given the lightweight and glazed nature of the conservatory structure, the proposal would have less impact (overbearing upon outlook and loss of light) compared to a masonry traditional styled extension. However, it is still considered the height, depth and proximity would still adversely impact upon the residential amenities upon the occupants of Nr 5 Albert Road. Whilst projecting forward of the existing property and being sited on a corner, the proposal would have no adverse impact upon the visibility splays of the junction (i.e. when turning onto Albert Road from Christian Street). This is due to the existing 1.7 metre high boundary wall blocks any views beyond, but mainly because of the existing footpath which has a width of 2.5 metres and therefore the splays are unaffected by the development. ## Recommendation In conclusion, it is recommended for the reasons indicated that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to the Isle of Man Strategic Plan (June 2007). ### 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: Ramsey Commissioners 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: Refused Date of Recommendation: 08.07.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal ## C : Conditions for approval ### N : Notes attached to conditions ### R : Reasons for refusal ### 0 : Notes attached to refusals ### R 1. The proposed conservatory due to its size, projection, design and prominent location within the street scene, would adversely affect the character and appearance of the existing property and neighbouring properties 1-5 Albert Road. Furthermore the proposal would adversely impact upon the visual appearance of the street scene all contrary to General Policy 2 of the Isle of Man Strategic Plan. ### R 2. The proposed conservatory of this length, height and within very close proximity to the neighbouring property would give rise to loss of light and an overbearing impact upon the outlook of the occupants of Nr 5 Albert Road, detrimental to their residential amenities and therefore would be an unneighbourly development, contrary to General Policy 2 of the Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made : Refused Date : 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/36016-lezayre-shop-albert-street-christian-conservatory/documents/1349392*