**Document:** DEC Officers Report **Application:** 14/01378/B — Erection of raised timber decking to rear elevation **Decision:** Permitted **Decision Date:** 2015-01-09 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5457-malew-41-43-decking/documents/914453 --- # DEC Officers Report [Table omitted in markdown export] ### Officer's Report #### 1.0 The Application Site 1.1 The application site is the residential curtilage of 41-43 Malew Street, a three storey end terraced dwelling located on the western side of Malew Street in Castletown. The site also lies within Castletown Conservation Area. 1.2 The rear garden of the application site is set between ground and first level of the application site with access gained to the garden via external steps from ground level. Immediately to the north of the site is a car park and to the south of the site is a rear yard and detached garages which are in the ownership of the application site. To the west of the site is a playground and tennis courts. 1.3 The rear garden is bounded by a stone wall to the northern side and eastern side with hedging and mixed vegetation to the western side. #### 2.0 The Proposal 2.1 The planning application seeks approval for the erection of a raised timber deck area leading from existing sliding doors to the garden. 2.2 The decking area would be erected 3 metres above the garden level, 4.2 metres from ground level, and it would have a width of just less than 3 metres and overall projection of 4.5 metres from the rear elevation. #### 3.0 Planning History 3.1 Most recently, planning approval was granted in 2013 under PA 13/00535/C for the change of use to i) use of site as a single residential unit or ii) use of ground floor within 41 Malew street as shop/workshop and the remainder of the building as a single residential unit. The application site has been the subject of other planning applications, none of which are considered materially relevant to the assessment of this current planning application. #### 4.0 Planning Policy 4.1 The application site is zoned as Residential under the Area Plan for the South 2013. #### 5.0 Representations [Table omitted in markdown export] 5.1 Castletown Town Commissioners have no objection to the current planning application (16/12/2014). ### 6.0 Assessment 6.1 Raised decking areas can often result in adverse impacts upon neighbouring properties most notably through overlooking and loss of privacy. In this case, the application site has no immediate neighbouring dwellings with gardens. The yard to the south serves both the application dwelling and No. 39 Malew Street; the yard always having to be kept clear to allow access into the garages. To the north of the application site is a car park. As such, the raised timber decking area would not harm any private residential amenity. 6.2 With regards to the existing dwelling, the existing floor plan shows that the decking area would lead from an existing bedroom with sliding doors already in situ. From a site visit, this room was being used as a living room. It is understood from the applicant that the sliding doors have always been in place with no access to the garden. There is a distance from the doors to the foot path of 3 metres and just over 1 metre to the garden. 6.3 The decking area would provide direct access from the living room to the garden. The timber decking is not of a design, finish or appearance that would be detrimental to the appearance of the dwellinghouse and would allow easier access and use of the garden area direct from the dwelling. 6.4 In terms of the impact of the raised timber decking area on the visual amenity of the street scene, given that the development would be to the rear of the site and not visible from Malew Street it is considered that the development would have a minimal, if any, impact upon the street scene or the character and quality of Castletown Conservation Area. 6.5 The decking area may partially be visible from the playground and tennis courts to the west of the site, however what would be visible is not judged to be of a level or scale that would harm public amenity in general. ### 7.0 Recommendation 7.1 Overall, it is concluded that the development proposed complies with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval. ### 8.0 Party Status 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 05.01.2015 ## 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 C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. This approval relates to DWG No. 1402 - 001, 1402 - 002 and 1402 - 003 all date stamped as received on 3rd December 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 3/1/15 ### Determining officer (delete as appropriate) Signed : _________________________ Chris Balmer Senior Planning Officer Signed : _________________________ Michael Gallagher Director of Planning and Building Control Signed : _________________________ Jennifer Chance Head of Development Management Head of Development Management --- *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/5457-malew-41-43-decking/documents/914453*