**Document:** Officer Planning Report **Application:** 06/01571/R — Retention of a timber framed shed to rear elevation **Decision:** Refused **Decision Date:** 2006-11-10 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/81560-braddan-glenfaba-outbuilding/documents/1479379 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations ### Officer's Report #### Site - The application site is a hotel located on Empress Drive. - The site is within the Promenade Conservation Area. - To the rear of the application site is a lane which links to Castle Mona Avenue. - Top the south east of the application site is No.3 Empress Drive. #### Proposed Development - The application is seeking permission to retain a timber framed shed to the rear elevation of the property. - The approximate size of the building is 5m x 1.6m x 2.1m which wraps around the corner of the building by 0.6m - The shed has a flat roof. ### Planning Status And Relevant Policies - Isle of Man Planning Scheme (Douglas Local Plan) Order 1994 ### Planning History - 87/01384/C - Change of use from guest house to office accommodation – refused ### Representations - Douglas Corporation – no objection. - Highways Division of the DoT – do not oppose the application - IoM Fire and Rescue Service advise the applicant to consult the Fire Safety Department. ### Assessment - The key issues are in this case the impact on the visual amenities of the area and the impact on the adjacent properties. - Section 18 (4) of the Town and Country Planning Act 1999 states "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act. - In respect the impact on Empress Drive, the shed is not to rear. The shed is not visible from the public highway and will not impact on the visual amenities of Empress Drive and the main public areas of the Conservation Area. - In respect of the impact on Castle Mona Avenue, the majority of the time the shed is obscured by No.114 Castle Mona Avenue. The only views of the shed are towards the end of the road when looking down the lane which is adjacent to No.114 Castle Mona Avenue. The shed is situated in an elevation position above the lane with no direct access. The shed is temporary in appearance and does not add any architectural merit to the location. Furthermore, it just appears to be tacked onto the existing building without any thought. I consider the retention of this incongruous structure would cause serious harm to the visual amenities of the locality when viewed from Castle Mona Avenue. - The lane to the rear is not a public thoroughfare. However, the structure is very prominent due to its elevated position and due to the structure being situated on the rear boundary. The rears of properties are less important where it is not a public thoroughfare. However, in this case the retention of the shed to a lesser degree will still impact on the visual amenities of the locality. - In terms of the impact on No.3 Empress Drive, the application site is set to the northwest of the neighbouring property. The neighbouring property is a hotel. The shed about the side boundary of the neighbouring property. The height of the boundary wall along with the height of the shed is approximately 4m. The structure is visual intrusive and has an overbearing impact and cause significant harm to the residential environment for the owners of No.3 Empress Drive. - There are two windows on the south east facing elevation of the shed which directly overlooks the rear end of the yard and an oil tank. There are no direct views into any windows on No.3. The views of the rear yard are oblique in nature. I do not feel that overlooking is a particular issue. ### Recommendation I therefore recommend that the application be refused for the above reasons. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst IoM Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of Recommendation: 03.11.2006 ### 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 R 1. The retention of the timber shed by reason of its siting, design and height would result in: - (i) the introduction of an unduly prominent and incongruous feature into the streetscene, especially when viewed from Castle Mona Avenue, which would be to the serious detriment of the visual amenities of the locality; and - (ii) cause demonstrable harm to the amenities of the occupiers of No.3 Empress Drive from overbearingness and visual intrusion. - 1. The timber shed has been constructed without the benefit of planning approval and must be removed within 3 months of the date that the decision becomes final. I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made : Refused Date : 03.11.2006 Signed : M. I. McCauley Director of Planning and Building Control M. I. McCauley Director of Planning and Building Control 6 November 2006 6 November 2006 --- *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/81560-braddan-glenfaba-outbuilding/documents/1479379*