**Document:** Officer Planning Report
**Application:** 07/02158/B — Construction of a sun room extension with roof terrace over
**Decision:** Refused
**Decision Date:** 2008-01-29
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/84285-lezayre-old-chapel-extension-roof/documents/1516013

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# 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 [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

### The Application Site

The site represents the curtilage of the Old Chapel, Glen Auldyn, Ramsey, which is located on the eastern side of the Glen Auldyn Road.

## Planning Policy

The application site is within an area recognised as being residential use, under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area; however it is within a zoned as High Landscape or Coastal Value and Scenic Significance.

- Isle of Man Planning Scheme (Development Plan) Order 1982
- The Isle of Man Strategic Plan (20th June 2007) – General Policy 2, Environmental Policy 2;
- Planning Circular 3/91 – Guide to the design of residential development in the countryside.

## Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application. Alterations, installation of roof lights and creation of a gable window - 06/01732/B – APPROVED Change of use from dwelling to dwelling/tourist accommodation - 02/01141/C – APPROVED Conversion of Chapel to living accommodation – 83/1509 – APPROVED Approval in Principle for the Conversion of Chapel to living accommodation – 83/0100 – APPROVED

## Proposal

The application seeks approval for the construction of a sun room extension with roof terrace over.

## Representations

Lezayre Parish Commissioners advise that they have no objection

The S.P.M.C. & E have objected to the application and can be summarised as; This Chapel has already suffered quite badly - see dormer, balcony etc; This present proposal compounds the problem, we don't think it should be permitted; And there is no private open space (garden) left whatsoever.

The Isle of Man Fire and Rescue Service make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Drainage Division make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

We have received no privately written representations objecting to the application.

## Assessment / Recommendation

As the site is located within an area of 'residential use' and therefore zoned within the Area Plan, the following policies are relevant:-

### 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.

Material Planning matters which need to be considered regarding this application include:-
1. Impact upon the appearance of the existing property; and
2. Overlooking resulting in a loss of privacy

### Impact upon the appearance of the existing property

As can be seen from the architectural design of the property, the property was once a Chapel. The building has lost some of its traditional appearance in the past, due to the erection of a flat roofed dormer on the west elevation, which is not particularly in keeping with the traditional nature of the property.

The proposal would introduce a single storey flat roofed structure to the western elevation of the property; the proposal will consequently replace the majority of the existing yard area. Above the single storey extension, the scheme proposes to create a roof terrace, which would be access via the existing doorway of the existing balcony.

The existing property is made up of a pitched roof design with gable ends, similar to the majority of traditional properties on the island. Planning Circular 3/91 lists the types of proportion and form of development which would and would not be acceptable, and flat roofed design extension are within the criteria of not being acceptable. As stated earlier within this report some of the traditional nature of the property has been lost, due to the erection of the dormer window, however, the Authority considers the property still retains the character and appearance of a chapel, which the Authority wishes to retain.

Paragraph (b) of General Policy 2 is the relevant policy regarding this application as development must respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. This proposal would fail this policy as it would not respect the form or design of the existing traditional property.

### Overlooking resulting in a loss of privacy

An additional concern relates to overlooking from the proposed roof terrace resulting in the loss of pricy of neighbouring properties. The neighbouring properties particularly affected would be 'Fuchsia Cottage' to the northeast of the site, 'The Cottage' to the west of the application site and 'Rustlings' to the north.

Regarding the first property possibly adversely impact upon 'Fuchsia Cottage', particularly to the garden area. The boundary treatment along the southern boundary of the garden of Fuchsia Cottage consists of a 1.8 metre high wall and a 1.8 metre high hedge, and therefore does not act as an adequate screening in this case. However, the property 'Fuchsia Cottage' is located approximately 20 metres east of the Old Chapel. The actually roof terrace would be approximately located 26 metres away, although due to the siting of the roof terrace to the western elevation of the Chapel, 'Fuchsia Cottage' would not be entirely visible. Consequently the Authority considers that overlooking into the dwelling would not occur. Some overlooking would occur to the front garden of 'Fuchsia Cottage', particularly the garden area directly north of the application site, being 6 metres away, however it is considered no substantial overlooking would occur to the majority of the front garden, especially the garden area closest to the dwelling which is the area more likely to be used (i.e. patio) which would be approximately 23 metres away, which is considered an acceptable distance.

Dealing with the impact upon 'The Cottage', the roof terrace would not result in any overlooking into the adjacent dwelling, due to the orientation of the two properties and as there are no windows within the gable elevation (east) of 'The Cottage'. The Authority did have concern that possible overlooking into the garden of 'The Cottage', but due to the substantial hedgerow (approximately 2.5/3 metres high) which runs along the eastern boundary of the neighbouring property, this would prevent potential overlooking form occurring.

The third property which the Authority consider could be affected would be 'Rustlings', however, the orientation between this property and the applicant property, would prevent any direct overlooking into the dwelling, additionally the roof terrace would be approximately 27 metres from the 'Rustlings' front elevation. Some overlooking would occur, into the garden area of the 'Rustlings', however the garden would be approximately 17 metres away, which is adequate distance.

### Recommendation

The Authority does consider that the proposed extension would not be in keeping with the existing property, particularly due to the flat roof nature of the design which would be contrary to General Policy 2 of the Isle of Man Strategic Plan and Planning Circular 3/91. Accordingly for these reasons the proposals would seem inappropriate in these locations and therefore my recommendation is for a refusal.

### Party Status

I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- Lezayre Parish Commissioners
- Highways Division
- The Drainage Division

I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-

- Chief Fire Officer
- The S.P.M.C. & E

### Recommendation

Recommended Decision: Refused

## 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.

It is considered the proposed flat roofed extension would result in an adverse impact upon the traditional appearance and design of The Old Chapel and therefore contrary to General Policy 2 of the Isle of Man Strategic Plan and Planning Circular 3/91.

I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)

Decision Made : Refused Date : 22.11.08

Signed :
M. I. McCauley
Director of Planning and Building Control

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*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/84285-lezayre-old-chapel-extension-roof/documents/1516013*