**Document:** DEC Officer Report
**Application:** 21/00748/B — Erection of a detached dwelling with integral garages
**Decision:** Permitted
**Decision Date:** 2021-09-10
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/7721-rushen-workshop-athol-place-dwelling/documents/934946

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# DEC Officer Report

**Application No.:** 21/00748/B
**Applicant:** Mr Kevin Skinner
**Proposal:** Erection of a detached dwelling with integral garages
**Site Address:** Workshop Athol Place Port Erin Isle Of Man IM9 6HT
**Planning Officer:** Mr Paul Visigah
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 09.09.2021 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the commencement of the development hereby approved, details of the external finishes shown on Drawing No. 1024-001 (such as colours, patterns and other installation details) shall be submitted to and approved in writing by the Department, the development shall not take place other than in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 3. The proposed first floor and attic windows to be installed on the rear (south) elevation shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers of 'Shidda' from overlooking and loss of privacy.

- C 4. Prior to the commencement of the development hereby approved, a Construction Method Statement which sets out measures to prevent adverse impacts on any nearby watercourse shall be submitted to and approved in writing by the Department, the development shall not take place other than in accordance with that statement.

Reason: To ensure that there are no adverse impacts on the nearby water course during the construction phase of the approved development.

- C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or

without modification) no extension, enlargement or other alteration of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control future development on the site.

- C 6. Prior to the dwelling hereby approved being occupied the following shall be available for use and retained as such thereafter:

- - all elements relating to access, parking and turning as shown on the approved plans for retention; and
- - the garaging shown on the approved plans.

Reason: To ensure that the dwelling has appropriate access and sufficient parking and manoeuvring space.

### This application has been recommended for approval for the following reason.

The erection of a new dwelling on this site would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and has been designed to comply with General Policy 2, Strategic Policy 1, Strategic Policy 10, Housing Policy 4, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, and the Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the Photographs and drawings reference numbers; 1024-001, 1024002, and 21601-S1, all received on 8 July 2021. _______________________________________________________________

### Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Wensleydale, Athol Avenue, Port Erin, as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of Workshop Athol Place, situated on the western side of Athol Avenue, Port Erin. The existing property on the site is a pitch roofed workshop with a flat roofed section on its western elevation. The building has its north and west elevations clad in timber, while the south and east elevations are clad in corrugated metal sheets. - 1.2 The site slopes westwards from Athol Avenue towards the water course on its western boundary; the highest point being about 16m above the means sea level, while the lowest point is about 10m above the mean sea level. There is a thick cluster of trees along the entire western boundary flanked by a row of hedging about 1.6m high positioned on the side of the existing building. - 1.3 The character of the locality is mixed: there are many old terraced properties, particularly the properties on Athol Park Terrace which are also within the Proposed Conservation Area, and modern 1970's - 80's semi-detached two storey dwellings and detached bungalows with accommodation in the roof. These modern dwellings have detached or integral flat roof garages.

2.0 THE PROPOSAL - 2.1 Proposed is the Erection of a detached dwelling with integral garages in place of the existing Builders workshop and offices which would be demolished to enable the construction of the new dwelling. The new dwelling will be 14.4m long (at its longest elevation), 8.1m wide and 8.5m high (4.6m to the eaves) and cover a total floor area of 226sqm. The dwelling will have three storeys with the top floor accommodated within the roof space and serving as an attic store. The dwelling will have a roof pitched at 40 degrees finished in Marley Edgemere Duo roof tiles and with a velux rooflight installed on the eastern roof plane. The front elevation contains a significant amount of glazing on the first and attic floor with Cedral Composite cladding (of an unspecified colour) surrounding this on the entire first and second floor elevations. The ground floor elevations shall be finished in stone cladding with two roller shutter doors installed on the front elevation. The doors and windows installed on this dwelling will all be made of Aluminium. - 2.2 The new dwelling will be laid out such that the ground floor will comprise a large garage 8.8m long and 7.5m wide, a workshop with WC, a utility room and the stairs. On the first floor, provision would be made for a lounge, open plan dining and kitchen area, the porch (linked to the raised walkway), the hall, and two bedrooms with ensuite. The entire attic floor will serve as the attic store. - 2.3 Other works proposed would include:

- i. The erection of a 5.5m long and 2.3m wide elevated entrance walkway at first floor level which would link the existing parking area abutting Athol Avenue with the east elevation of the dwelling. The walkway would have stainless steel rails on both sides.
- ii. Erection of a balcony 6m by 1.3m on the first floor of the rear (west) elevation. This balcony would have guarding rails (materials not specified).
- iii. Installation of a grey flue that would rise 850mm above the roof (600mm above roof ridge). No details have been provided on the type of flue.
- iv. Installation of 4 solar panels on either roof planes. No details are also provided on the specifications.
- v. Installation of windows with opaque glass on the south elevation to prevent overlooking impacts on 'Shidda', Athol Avenue, the neighbouring property to the south.
- vi. The existing fence on the south elevation to be retained and repaired.

2.4 The applicants have indicated that the existing wall on the east of the existing parking area and by Athol Avenue would be retained and extended to a maximum height of 1m so as not to interfere with visibility. Also, the existing hedge on this boundary is to be replaced with rendered walls to a maximum height of 1m.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South (Map 7) as Residential. The majority of the site lies outwith the proposed Conservation Area, although a narrow strip of the land along the watercourse is within the boundary of the proposed Conservation Area. This strip of land is also within a Registered Tree Area. The site is not prone to flood risk even though it is located by a watercourse. - 3.2 As such, the following parts of the Strategic Plan are considered relevant: - 3.3 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:

- (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;

- (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 and
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

3.5 Strategic Policy 1: Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services.

3.6 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

- (a) minimise journeys, especially by private car;
- (b) make best use of public transport;
- (c) not adversely affect highway safety for all users, and
- (d) encourage pedestrian movement

3.7 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

- (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
- (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
- (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

3.8 Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. - 3.9 Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area. - 3.10 Transport Policy 7 The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.

* Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.*

These standards may be relaxed where development:

- (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
- (b) would result in the preservation of a sensitive streetscape; or
- (c) is otherwise of benefit to the character of a Conservation Area.
- (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

## - 4.0 PLANNING HISTORY

4.1 The site has not been the subject of any previous planning application and there are no previous planning applications within the vicinity which are considered relevant to the current application.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that that they 'Do not oppose' in the letter dated 3 August 2021, they state, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and / or parking. The existing access is retained and has adequate visibility. The double garage is of sufficient size to count as parking plus other hardstanding for parking and turning. Bicycle parking can be accommodated within the garage. There is space for other items, including waste bins. An electric vehicle charging point should be considered to aid climate change objectives. All elements relating to access, parking and turning should be retained for the intended use". - 5.2 DEFA's Arboricultural Team has made the following comments regarding the application in a letter dated 3 August 2021: Located immediately to the west of the development site is a group of registered trees. Whilst the development is unlikely to have a direct impact upon the trees, there may be increased pressure to prune the trees, this, in turn, may have a minor impact to the streetscape. Under the Tree Preservation Act 1993 an application would be required to undertake any pruning works to the registered trees. - 5.3 DEFA Fisheries suggest that a planning condition be imposed requiring that that the contractor prepares and submits a Construction Method Statement to the Department for approval prior to construction, to ensure that there are no unanticipated impacts on the nearby water course (23 August 2021). - 5.4 The Port Erin Commissioners have not made any comments on the application although they were consulted on 16 July 2021. - 5.5 The Owners/occupiers of Wensleydale, Athol Avenue, Port Erin have made the following comments regarding the application in a letter dated 25 July 2021:

- i. Whilst we are not opposed to the change of use and development, we are concerned about the potential massing of the building and the height of the ridgeline as compared to the existing.
- ii. Given the site extends into the proposed Port Erin conservation area the information contained within the application is insufficient to support the proposal.
- iii. The application should be deferred until such time as the application can provide additional plans with comparative existing drawings.

6.0 ASSESSMENT 61 The fundamental issues to consider in the assessment of this current planning application are:

- i. The principle of the proposal;
- ii. Potential impact on the neighbouring residents living conditions;
- iii. impact on the character of the wider residential area and adjacent Conservation Area; and
- iv. Potential impact on highway safety for access/parking provision.

6.2 The principle of the proposal

- 6.2.1 As outlined within section 3 of this report, the site is designated as predominately residential use on the area plan and as such the proposal for residential development is acceptable in terms of complying with the land-use designation.

- 6.2.2 It is also considered that Housing Policy 4 and Strategic Policies 1 require that new dwellings be located within existing settlements or sustainable urban extensions; being located so as to utilise existing and planned infrastructure, facilities and services and development should optimising the use of previously developed land. This proposal would meet these aims which essentially seek development within exiting settlements rather than the countryside.
- 6.2.3 Based on the foregoing, it is considered the principle of developing the site for residential development is acceptable. Further, until recent there has been a builder's yard on the site for a significant period of time; a development that does not completely align with the residential designation of the site. It is also vital to note that the site is large enough to accommodate a dwelling of the proposed size with sufficient room to provide for the required parking and arrangements. The acceptability of the scheme would, however, be determined by the outcome of the assessment of the other matters listed within paragraph 6.1 of this report which still need to be considered acceptable.

6.3 Potential impact on the neighbouring residents living conditions

- 6.3.1 With regard to impacts on neighbouring residential amenity, the property most likely to be impacted by the new development would be 'Shidda' the two storey detached dwelling situated on the south elevation of the proposed dwelling, given that the new dwelling would be situated only about 12m from this dwelling with windows set at a higher level over this dwelling. However, any impacts to overlooking is diminished by the fact that the first and second floor windows on the proposed dwellings which have views to this dwelling would be installed with obscure glazing.
- 6.3.2 As well, the position of the new dwelling on a ground level which is set about 5m below the ground level of this neighbouring dwelling would ensure that there are no overbearing impacts even if the new dwelling has three floors. This is hinged on the fact that 'Shidda' is set

6.1m above the street level of Athol Place, while the proposed dwelling will only about 5.5m above the street level. It is also considered that no loss of light would result, given the 12m separating distance between these dwellings, the nature of the landscape which lowers towards the new dwelling, and the fact that new dwelling would be positioned north of this neighbour with limited opportunities for any loss of light to occur as the sun's orientation is east to west.

- 6.3.3 In considering possible impacts on Wensleydale, Athol Avenue situated directly east of the application site, it is noted that this dwelling is situated over 20m from the east elevation of the proposed dwelling and on a higher elevation at 8.7m high; conditions that would ensure there are no impacts from a dwelling that would only be 5.5m above the Athol Avenue street level. Whilst comments made by these neighbours regarding the new ridgeline of the new dwelling are noted, the new building height would be in keeping with the prevailing building height in the area which is dominated by dwellings over two floors and as such is not considered to impact of any neighbouring residential amenity. It is also noted that the only windows on the east elevation of the proposed dwelling that would have views to this neighbour are the ground floor windows and a velux rooflight on the attic level which would not introduce any form of overlooking at the proposed floor levels; even though the proposed dwelling was less than 20m away.
- 6.3.4 The situation described above would also apply to Coan Beg and Ballintoy situated east of the application site, which have similar advantages over the proposed dwelling from their current elevated positions.

6.4 Impact on the appearance and character of the area

- 6.4.1 The character of the area is very mixed with very traditional properties sitting north of the application site, while the modern properties which match the scale, height, mass and profile of the proposed dwelling are situated east and south and within close proximity. As such, whilst traditional terraces on Athol Park are situated within the locality, what is proposed here would be more in keeping with the modern properties within close proximity and as such

- it is noted that the new dwelling would seamlessly fit into the character of the streetscene of Athol Avenue.
- 6.4.2 The relatively recent Residential Design Guidance (2021) in section 3.2 supports good design and recommends that "A housing development should avoid having the same type, height and density throughout, including avoiding continuous, bland and un-interesting roofscapes". It also advises that "dwellings should ideally be sufficiently flexible and adaptable to meet the changing needs and demands of its residents over the foreseeable life of the development with homes being capable of extension and adaptation to the changing needs of their occupants"; conditions which the current proposal meets. It is also considered that the development would incorporate stone finishing which is prominent on the properties on Athol Place which is within the Proposed Conservation Area. The style and finishing of the property, is therefore considered to accord with those parts of General Policy 2 which require development to respect the character and appearance of the area.
- 6.4.3 Although a small part of the site is within the proposed Conservation Area, it is so small that it is considered more appropriate to assess the site as being one on the boundary of a Conservation Area. With regard to impacts on views into and out of the proposed Conservation Area, it is noted that the site would be significantly screened by significant tree clusters that line the entire stretch of St. Georges Crescent which borders the western boundary of the application site and the proposed Conservation Area. Moreover, as has been previously stated, the proposed development would be a significant improvement over the existing timber and zinc clad workshop which does not add much in enhancing the character of the area. Besides, the works would not alter the trees on western boundary of the site which are integral to the character of the adjoining Conservation Area, and would integrate some building materials which contribute to the character of the area. Thus, it is considered that the proposed development would comply with Environment Policy 36 which requires developments proposed close to conservation Areas to not have detrimental effects on important views into and out of Conservation Areas.

6.5 The impact on highway safety including adequate car parking and access 6.5.1 The existing builder's workshop is served by four parking spaces, with the new dwelling proposed to have four parking spaces which would be more than required for a residential development. This would ensure that there is no pressure on parking within the area as a result of the development. As well, the works would provide the required visibility from the parking areas for vehicles leaving and entering the site. Therefore, it is considered that the proposal satisfies the parking requirement of Transport Policy 7 and Appendix 7 of the Strategic Plan.

## - 6.7 OTHER MATTERS

- 6.7.1 The comment made by the Owners/occupants of Wensleydale, Athol Avenue, Port Erin regarding inadequacy of the information contained within the application is noted. However, it is vital to note that the application went through the validation phase where the documents supplied were considered to be appropriate and meeting the requirements of the Procedure Order. None of the consultees also considered the submissions inadequate for their decision making or raised any issues regarding gaps in the information provided. Besides, the submission has provided all the information needed to assess the application from the planning perspective. As such, it is not considered that there is any reason sufficient to warrant deferral of the application's determination in the current case.
- 7.0 CONCLUSION

7.1 The development is considered to make good use of a site within a sustainable location designated for residential development, in accordance with the relevant Strategic Plan policies and the application is supported. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 10.09.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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/7721-rushen-workshop-athol-place-dwelling/documents/934946*