**Document:** Officer Report
**Application:** 15/00959/B — Addition of a roof light and window to north elevation of approved extension (PA 12/01196/B) (retrospective)
**Decision:** Permitted
**Decision Date:** 2015-10-20
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/6462-braaid-stuggadhoo-extension-windows/documents/920517

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# Officer Report

**Application No.:** 15/00959/B
**Applicant:** Mr William & Mrs Nikki Bregazzi
**Proposal:** Addition of a roof light and window to north elevation of approved extension (PA 12/01196/B) (retrospective)
**Site Address:** Stuggadhoo St Marks Road Braaid Isle Of Man IM4 2AL Case Officer : Miss S E Corlett
**Site Visit:** 22.07.2015
**Expected Decision Level:** Planning Committee

## Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

## THE SITE

1.1 The site is the residential curtilage of an existing dwelling, Stuggadhoo, which is situated down a short lane from the minor road, B37, which links the St. Mark's Road (A26) with the Braaid to Foxdale Road (A24). The lane passes another property, Upper Stuggadhoo which has stables alongside. The applicants own a much larger area than just the residential curtilage, which also stretches to the south west and south of the existing dwelling. - 1.2 The existing dwelling is a converted building which has been extended, most recently under PA 12/01196/B which proposed the replacement of windows and an extension to the dwelling. This work is nearing completion. THE PROPOSAL

2.1 Proposed is the alteration of the approved extension to add a window in the northern/front elevation and the installation of a rooflight in the roof plane above. This is 780mm by 1180mm. The window will serve an en-suite bathroom and will be 570mm by 320mm. The rooflight is, in area less than one square metre and would therefore not require planning approval to be installed under the terms of Class 28 of the Town and Country Planning (Permitted Development) Order 2012. - 2.2 Both windows are already in place. PLANNING STATUS AND POLICY

3.1 The site lies within an area designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as not designated for a particular purpose and for all intents and purposes is within the countryside. As such, there are policies which presume against development - Environment Policy 1 and General Policy 3 which aim to restrict development in order to promote sustainable development and a countryside generally free from built structures. There are also policies which guide how built development may be formed and changed - policies which guide how existing old and interesting buildings may be restored and used for other purposes and also how and when they may be extended and altered.

3.2 In this case, the building was converted under the provisions of the former Planning Circular 3/89 - Conversion of buildings which is now encapsulated in Housing Policy 11 and Environment Policy 16. These policies require that the building is intact and structurally capable of renovation and conversion and that modest extensions may be permissible. In the case of Stuggadhoo the dwelling was created through the renovation and extension of a former barn. PA 93/00515/B was permitted on review and involved the renovation of the barn and a sizeable extension alongside (the eastern rectangular block) which was close to the footprint of a former barn. The application was initially refused as it did not comply with Planning Circular 3/89 as the extension was considerably larger than simply "essential facilities" referred to in the circular. During the implementation of the permission, the existing fabric proved to be less sturdy than anticipated and some re-building was undertaken and retrospectively permitted. PLANNING HISTORY - 4.1 The building was converted under PA 93/00515/B and was subsequently extended under PA12/01196/B despite an earlier application for extension, PA 99/01813/B having been refused at appeal for an extension. REPRESENTATIONS - 5.1 Marown Parish Commissioners indicate that they have no objection to the application being approved (17.09.15).

5.2 The owners of Upper Stuggadhoo Farm object to the insertion of the additional windows and at the very least request that the glass is obscured to protect their privacy (undated letter from MP Associates on their behalf, received on 17.09.15). - 5.3 Department of Infrastructure Highway Services raise no objection to the application (24.08.15).

## ASSESSMENT

6.1 The proposed window and rooflight are not generally visible from the public highway as there is a stable building between the house and Upper Stuggadhoo and this latter property effectively screens the application dwelling from public view. As such there is no public impact from the addition of the two windows. The window is small and serves a bathroom. The rooflight is well above head height and will not allow a view and as such neither window will significantly affect the living conditions of those in nearby dwellings, the nearest of which, Upper Stuggadhoo, is over 40m away and with a stable building between it and the proposed windows.

6.2 Whilst the neighbours consider that the additional windows impose upon their privacy, the proposed elevational window is only 570mm by 320mm and serving a bathroom. Even setting aside the distance between the two properties, the size of this window, combined by the fact that there are already more and larger windows in this elevation of the property, lead to a conclusion that the additional window does not adversely affect the amenities of those in the adjacent property and that the application should not be refused for this reason. Similarly, the rooflight, notwithstanding the fact that it constitutes permitted development, is in a plane which faces upward and as such, and given the distance between the two properties and its height above internal floor area, is not considered to give rise to undue impacts on the living conditions of the adjacent neighbours.

6.2 It is considered that the proposed windows have a negligible impact on the neighbourliness and appearance of the property and as such is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;

- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the owners of the following property have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

Upper Stuggadhoo Farm

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 05.10.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions This approval relates to drawings 1205/01A, 1205/05 and 1205/05A all received on 18th August, 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : APPROVED Committee Meeting Date:…19.10.2015

Signed : S Corlett Presenting Officer

## Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphto the officer report).

Signatory to delete as appropriate YES/NO

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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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/6462-braaid-stuggadhoo-extension-windows/documents/920517*