**Document:** Planning Report and Recommendations **Application:** 09/01826/B — Erection of a three storey extension to side elevation **Decision:** Permitted **Decision Date:** 2010-03-09 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64262-braddan-6-windsor-terrace-extension/documents/1393184 --- # Planning Report and Recommendations **Application No.:** 09/01826/B **Applicant:** Mr Anthony Ronald David Grafton **Proposal:** Erection of a three storey extension to side elevation **Site Address:** 6 Windsor Terrace Douglas Isle Of Man IM1 3LU Considerations Case Officer: Ms Henrietta Hopkins **Photo Taken:** 13.01.2010 **Site Visit:** 13.01.2010 **Expected Decision Level:** Senior Planning Officer Written Representations 5 Windsor Terrace Douglas Isle Of Man IM1 3LU Supports the proposal Michael Chapman & Company Ragnall House 18 Peel Objects to the proposal Road Douglas Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes: no objection. Consultee: Drainage Division Notes: no objection in principle subject to:- ## Officer's Report THE SITE The property subject of the application relates to 6 Windsor Terrace, Douglas. The property is a three storey end terrace dwelling located in an established residential area. THE PROPOSAL The applicant proposes to construct a three storey side extension (north elevation) and a 2.475 metre wall. The extension will form a storage area in the lower ground basement, a garage on the ground floor, and a bathroom on the first floor. The three storey extension will have a width of 3.375 metres, a depth of 7.750 metres and a maximum height of 8.5 metres from ground level (9.9 metres including lower ground basement). 8 March 2010 09/01826/B Page 1 of 5 ## Planning Status The application site is located within an area identified as 'Predominantly Residential' in the Douglas Local Plan Order 1998 and located within 'Windsor Conservation Area.' The Isle of Man Strategic Plan contains policies which are considered specifically material to the assessment of this application General Policy 2 and Environment Policy 35. General Policy 2 states the following: "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 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 local highways; j) can be provided with all the 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." Environment Policy 35 states the following: "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." ### Planning History There have been applications submitted which are considered relevant in the assessment of this application: 99/00832/B - Extension to dwelling, 6 Windsor Terrace - Application permitted on Review (1st October 1999). ### Representations The Department of Transport has raised no objection to the proposed development. Drainage Department has no objection in principle subject to the following: The soak-away must comply with Part H of Building Regulations A percolation test must be undertaken and witnessed by the Borough of Douglas Building Control Officer No groundwater will be permitted into any public foul sewer so as to comply with the requirements of the Department of Transport Drainage Division. The occupiers of 5 Windsor Terrace support the planning application and have commented that the design is in sympathy with the overall appearance of Windsor Terrace and will enhance the property itself. Michael Chapman \& Company who act as managing agents for Chapman Brothers Limited and Windsor Limited who are owners of the freehold, and the management company, for 12 purposes built maisonette properties numbered 8-20 Windsor Terrace have objected on behalf of their clients on the following grounds: The development will take away most of the light enjoyed by the living accommodation along on the gable of 8 and 9 Windsor Terrace. The land between the gable of 6 Windsor Terrace and 8 Windsor Terrace has always been the point of access between Windsor Terrace and the rear land and pathways The land at the rear of Windsor Terrace forms part of a building scheme known as Windsor Park Estate. The main area of the Windsor Park Building Scheme comprises the large garden areas in front of the houses at Osbourne Terrace, and the open land extending in front of Windsor Terrace on the sea facing elevation, down to Back Marina Road. The occupiers of properties 2 to 6 Windsor Terrace have enjoyed access over the land at the rear since Victorian times. There is a gateway providing access to the paths to the rear and at the bottom of Crellings Hill. The building scheme and pathways have been in existence for 100 years and it is reasonable to assume that the layout for the area could continue for further 100 years in the absence of development on the access land situated between 6 and 8 Windsor Terrace. The application submitted does not show the distances between the proposed extension and the boundary and windows of 8 to 9 Windsor Terrace which will seriously impair the amenity of these two properties. ## Assessment The application site is located in a 'Predominantly Residential Area' in the Douglas Local Plan 1998 and a 'Conservation Area.' Given the nature of the proposed development it is therefore appropriate to assess the proposed development against the policy identified earlier within the report (i.e. General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007). Windsor Terrace is the principal terrace that towers above from the Promenade, Church Street and the Villa Marina, although the most familiar building is number one and can be viewed from the Chester Street car park and the Manx Museum, others in the terrace are not seen to full advantage. Having assessed the proposed development against the above, it is considered that the proposed development is acceptable by reason of its siting, scale, form and design. The extension is considered to be a modest addition which will sit comfortably within the gable elevation. A condition shall be attached for materials to match the existing dwelling; this is a necessary condition to protect the character of the area, especially as the building is located within a Conservation Area. It is considered that the proposed extension will not have a detrimental impact on neighbouring dwellings. Although 8 and 9 Windsor Terrace have windows in the gable elevation forming bedrooms and facing the gable elevation of the proposed extension, it is considered not to have a detrimental impact. The proposed extension will be stepped in from the front and rear building line and will have a maximum height of 8.5 metres. There will be no windows in the gable elevation facing the neighbouring dwelling; and the extension will maintain a distance of approximately 1.5 metres to the shared boundary line with 8/9 Windsor Terrace. Furthermore, the extension and proposed wall has already been assessed and received planning permission in October 1999. The proposed extension will not have an impact on the existing parking arrangements, and therefore the Department of Transport has raised no objection to the proposed development as it will cause no traffic management, parking or road safety implications. Furthermore, the Conservation Officer has raised no objection to the proposed development. With regards to the objections raised by Michael Chapman & Company, although the planning history of a site is a material planning consideration; each application is considered on its own merits. The application that was refused planning permission in July 1991 was not for an extension but a dwelling adjacent to 6 Windsor House. This proposed dwelling was almost the same height as the existing property, built up to the boundary line and was not stepped in at the front and rear building line like the extension proposed. This proposal for an extension and wall is the same that was previously approved in December 1999 (99/00832/B). With regard to the comment made on the extension preventing access between 6 Windsor Terrace and 8 Windsor Terrace leading to rear land and pathways; private rights/access issues are not a material planning consideration, there are other byelaws that deal with this issue. Furthermore, the access cannot currently be obtained to the paths at the rear. The access land is currently blocked off by a wooden fence and enclosed as private garden land to the rear of the subject property. **RECOMMENDATION** For these reasons it is considered that the proposed development is acceptable and is therefore recommended that the application be permitted subject to the necessary conditions. ## **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: - Department of Transport - 5 Windsor Terrace - Michael Chapman & Company (acting as agents for Chapman Brothers Limited and Windsor Limited who own the freehold of 8-20 Windsor Terrace) **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 19.01.2010 **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 relates to the submitted Drawing Nos. 0101 - 01, 07, 08, 09, 10 and 11 received on 6 November, 2009. 8 March 2010 09/01826/B C 3. The external finishes of the extension must match those of the existing building in all respects. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Permitted 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/64262-braddan-6-windsor-terrace-extension/documents/1393184*