**Document:** Officer Planning Report **Application:** 07/02008/R — Retention of decked area **Decision:** Permitted **Decision Date:** 2008-02-20 **Parish:** Patrick **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84043-patrick-10-kionslieu/documents/1512290 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ### Officer's Report #### The Site The application site represents the curtilage of 10 Kionslieu Terrace, Foxdale, a semi detached property located on the south west side of the cul-de-sac. #### Planning Status The application site is located within an area identified as being "Predominantly Residential" by the Foxdale Local Plan (Planning Circular 5/99). The site is not within a Conservation Area. The Town and Country Planning (Permitted Development) Order 2005, "Construction of decking within the curtilage of a dwelling" states: "This Order allows that you may construct decking without planning permission, provided that the construction is outside a Conservation Area and the curtilage of a registered building, and that on completion of the operations; - (a) the top surface of the decking would be no more than 0.3m above the ground level at any part of the area covered by the decking as existing before the works were commenced; - (b) no part of the decking would be between the dwelling and any highway bounding the curtilage; - (c) no public sewer or manhole would be covered or buried by such decking; - (d) no part of the decking would be within 9m of the bank of any river designated as a Main River under the Land Drainage Acts." The decking as constructed would have a maximum height from ground level of 0.78 metres and as such Planning permission is required. ### Planning History There are no previous planning applications considered relevant in the assessment and determination of this application. ### Representations The Department of Transport Highways Division does not object to this application. Patrick Parish Commissioners have not commented on this application. We have received no privately written representations in relation to this planning application. ### The Proposal This application seeks approval for the retention of an area of decking adjoining the recently constructed conservatory in the rear garden of the property and located along the shared boundary with 9 Kionslieau Terrace. The garden of the property slopes to the south west and the decking has been constructed to provide a flat surface. The change in height of the garden has resulted in the deck height ranging from approximately 0.2 metres where it adjoins the conservatory to a maximum height of 0.78 metres. Additional fencing has been constructed onto the existing fencing bringing the height to approximately 1.9 metres from ground level. ### Assessment A site visit was carried out in order to assess the impact of the decking upon neighbouring properties. It was ascertained that views of surrounding neighbouring properties are inevitable given the layout of the estate and this would occur if one where to stand at garden level or the level of the decking. What must therefore be considered is whether the additional height provided by the decking allows increased overlooking which would warrant refusal on those grounds. From the site visit it was evident that the additional fencing has reduced the ability to overlook the garden of Number 9 to a level that is much improved over the previous height of the boundary fence. It is worth noting that a further increase in the height of the fence would be possible under the provisions of the Permitted Development Order 2005 which would allow a fence of up to 2 metres. It is considered that towards the end of the decking, which projects some 4.8 metres from the existing conservatory, increased overlooking of Number 9 would occur. However this would be at a distance of approximately 7.5 metres which would be a sufficient distance to protect the residential amenity of the adjacent property. From the main useable area of the decking it is not considered that there would be an unacceptable negative impact upon either adjacent property. ### Recommendation It is recommended that the application be approved. ### 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: The Department of Transport Highways Division Patrick Parish Commissioners ## Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 22.01.2008 --- ### 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 retention of decking as shown by the plans and information JC/1007/01, JC/1007/02, JC/1007/03, Photograph Sheet x 2 and Supporting Letter submitted and date stamped 26th October 2007. --- I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) **Decision Made:** Permitted **Date:** 15/2/08 **Signed:** [Handwritten signature] Mrs F Mullen 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/84043-patrick-10-kionslieu/documents/1512290*