**Document:** DEC Officer Report
**Application:** 23/00470/B — Erection of a dwelling with integrated garage, PV panels and heatpump
**Decision:** Permitted
**Decision Date:** 2023-09-05
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/10229-rushen-9-perwick-new-build-garage/documents/969484

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 23/00470/B
**Applicant:** Mr & Mrs Manoj & Daxa Patel
**Proposal:** Erection of a dwelling with integrated garage, PV panels and heatpump
**Site Address:** 9 Perwick Road Port St. Mary Isle Of Man IM9 5PA
**Planning Officer:** Mr Hamish Laird
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 03.08.2023

## 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. The development, hereby approved, shall be carried out using all external facing and materials as shown on the submitted plans, only. No new types of materials shall be added to the external elevations of the development, unless agreed beforehand in writing by DEFA Planning. Reason: In the interests of the character and appearance of the site and surrounding area.
- C 3. The vehicle parking spaces shown provided for the development, hereby permitted, both within and outside the garage on Drawing No. 2306/PL 1001 Proposed Floor Plans - stamped received and dated 18 April, 2023, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times.

Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).

- C 4. All windows to be inserted in the north-easterly elevation of the development, hereby permitted, shall be glazed with obscure glazing at no less than Level 5 (greatest obscuration) on the Pilkington Scale of obscurity, with all windows being fixed and non-opening. Thereafter,

these windows shall be retained as fixed non-opening units with obscure glazing at Level 5 for the lifetime of the development.

Reason: To protect the amenities of occupants of the adjoining dwelling at 8 Perwick Road, in respect of any potential for overlooking and loss of privacy.

- C 5. The proposed glazed screen to be erected between the rear wall of the dwelling and the top of the staircase providing pedestrian access form the rear garden to the ground floor rear decking, shall be installed prior to the first occupation of the dwelling in accordance with the exact details shown on Drawing No. 2306/Pl 1002; and, shall be glazed with obscure glazing at no less than Level 5 (greatest obscuration) on the Pilkington Scale of obscurity. Thereafter, this glazed screen shall be retained fixed in this position with obscure glazing at Level 5 for the lifetime of the development.

Reason: To protect the amenities of occupants of both the adjoining dwelling at 8 Perwick Road and, the dwelling approved by this planning permission in respect of any potential for overlooking and loss of privacy.

- C 6. Prior to the commencement of any works on site, protective fencing shall be erected on the site boundary with the adjoining Golf Course. Thereafter, such fencing shall be retained for the duration of the building works on site, and no materials or equipment arising from the demolition of the existing dwelling and from subsequent building operations shall be stored on this adjoining land.

Reason: To ensure that the boundary scrub is retained and protected from damage during demolition and building operations as it may accommodate speckled bush crickets which are protected under the Wildlife Act 1990, Schedule 5 (26.10.17).

- C 7. Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure the provision of an appropriate landscape setting to the development, and to safeguard the appearance of the development and the surrounding area

- C 8. Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.

Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.

- C 9. There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s). Reason: To comply with the requirements of Manx Utilities and the Sewerage Act 1999.
- C 10. The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense.

- Reason: To accord with the Sewerage Act 1999. Note: 1 communication fee will payable to Manx Utilities Authority in respect of each property being connected (directly or indirectly) to the public drainage system.
- C 11. 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, including the installation or replacement of any windows or doors, 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 development in the interests of the amenities of the surrounding area.
- C 12. 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 garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
- C 13. Prior to the first use of the garage as part of the dwelling, hereby approved, provision for the charging of electric vehicles shall be made within the structure of the garage, and shall thereafter be maintained for the lifetime of the development.

Reason: The provision of an electric vehicle charging point will aid net zero objectives as outlined in the Isle of Man Climate Change Plan (2022 - 2027).

N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

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

The proposed scheme would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 of the Isle of Man Strategic Plan 2016; and, the principles of the Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the following drawings and documents date stamped and received 18 April, 2023, unless otherwise stated:

- Drawing No. 2306/PL 1000 Location Plan and Site Plans;
- Drawing No. 2306/PL 1001 Proposed Floor Plans;
- Drawing No. 2306/PL 1002 Proposed Elevations; Proposed Mitsubishi Electric PUZ-HWM140VHA(-BS) Ecodan R32 Monobloc Air Source Heat Pump Details;

## Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):

- 8 Perwick Road, Port St Mary, Isle Of Man, IM9 5PA

- as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

## Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT BECAUSE ITS CONSIDERATION HAS IMPLICATIONS IN RESPECT OF PA23/00342/B FOR THE ADJOINING SITE WHICH IS ALSO PLACED BEFORE THE COMMITTEE.

1.0 THE SITE - 1.1 The site forms part of the residential curtilage comprising the side garden area of an existing dwelling situated at No. 10 Perwick Road, Port St Mary, which sits on the south-east side of the road with a rear view across Port St Mary Golf Course towards Clifton Road in the distance to the south east, and the sea. The site slopes quite steeply downwards from the road in a south-easterly direction to its rear boundary which adjoins the Port St Mary Golf Course. Its front roadside boundary is marked by a low, Manx stone, wall containing an existing vehicular access and dropped kerb closest to the side boundary with No. 8. The land level falls downhill from the road carriageway to the rear where the site adjoins the golf course with an overall level change of around 4.5m from the road. This change in levels is similarly reflected for the other dwellings (1-10) along this side of Perwick Road. The sites side boundary with No. 8 is marked by a concrete block wall in the vicinity of the dwelling and by the wall with horizontal, hit-and-miss fencing, where the site adjoins No. 8's rear garden area. A Manx stone wall marks the rear boundary with the Golf Course, whilst there is no boundary with No. 10, given that it forms part of this property's garden area. - 1.2 The streetscene is quite varied on the southern side of Perwick Road with a number of dwellings having been rebuilt and altered and thus having slightly different roof heights and form to their neighbours. There is no unifying building style in the street, and most buildings are of typical 1970's suburban design. The host dwelling lies to the south-west at No. 10 Perwick Road, is set some distance away from the neighbouring dwelling at No. 8, which is a bungalow with integral garage and access onto Perwick Road. No. 8 is in a reasonable state of repair, albeit it appears not to have been occupied for some time. This adjoining dwelling is the subject of a proposal to be demolished and rebuilt as a contemporary style/design dwelling which is the subject of PA 23/00342/B. - 1.3 The streetscene on the other side of the road is similarly varied, although with more uniform development with distinctive gable projecting bungalows prevailing closer to the junction of Perwick Road with Fistard Road.

2.0 THE PROPOSAL - 2.1 The full planning application proposes the "Erection of a dwelling with integrated garage, PV panels and heatpump". - 2.2 The proposed dwelling would step from a single storey bungalow as viewed from Perwick Road with a pitched roof over and a central entrance door and porch over, and integral garage on the side closest to No. 8. The sloping nature of the site enables the proposed dwelling to be 2½ - stories in height at the rear, with accommodation on 3 floors. This would be achieved by

digging into the slope. The application form states: "The lower ground floor will be partially set into the sloping site. Other than where the building will be situated, the ground levels remain

- as existing. The groundwork contractor will excavate approx. 93 cubic metres of soil and remove them from site by lorry."

2.3 The dwelling would not span the width of the plot. There would be an approx. 1.0m - 1.2m wide walkway on the side closest to No. 8 and an approx. 5.0m gap between built forms with the existing dwelling at No. 10. The submitted plans show that the dwelling would measure:

- o Footprint of approx. 270m2;
- o 21.0m deep (max. front to rear) 18.0m main section;
- o 18.0m along the side adjoining No. 8's side garden;
- o 15.8m across the width of the main part of the dwelling; and,
- o Eaves heights varies between 3.5m front / 7.0m rear, and 7.5m to eaves of rear projection;
- o Eaves height of flat roof at rear 7.49m;
- o Max roof height 7.48m from road, and 9.5 from mid-point of side elevation - the ridge height corresponds with that of the proposed replacement dwelling for No. 8 and the existing dwelling at No. 10 Perwick Road;
- o Chimney height 8.70m as viewed from the road, 11.1m as viewed from the side after excavation;

2.3 It would provide the following accommodation (details taken from Drawing No. 2306/PL 1001)

Inside: Lower Ground floor: 2 Bedrooms both with en-suite bathrooms; Plant Room; Utility Room; Spiral Staircase up with lift in the centre of the Spiral; Ground floor: Entrance Hall/Vestibule; Study/Guest Room with en-suite Shower Room; Room containing Spiral Staircase up with lift in the centre of the Spiral; Kitchen/Dining/Living Room; Bedroom with Dressing Room and Ensuite Bathroom; First floor: Master Bedroom with enclosed Balcony and Seating Area served by a rear elevation clerestory window; Master Dressing Room; Master En-suite Bathroom; Bedroom/Dressing Room; and, Bathroom; Stairwell/ Room containing Spiral Staircase up with lift in the centre of the Spiral; Outside: Parking and Turning Area; External Porch; Front Garden Area; Rear Garden Area with staircase up to ground floor decked area;

2.4 There would be 9 No. horizontal, hi-level slit windows inserted in the NE facing side elevation with fixed non-opening glazing facing the site of No. 8 and its proposed replacement dwelling. These would serve: Lower Ground Floor: Bedroom, Bathroom, and Plant Room; Ground floor: Bedroom, Dressing Room; Bathroom; Garage; First floor: Bedroom/Dressing Room; and Bathroom; - 2.5 A rooflight on either side slope in the rear projection roof. There would be full-height glazing across the Ground Floor rear elevation facing the golf course and the sea, with opening panels out onto the decking/balcony area at this level. A glazed balustrade with glazed screening closest to the rear of the dwelling on the side facing No. 8 would be installed. Solar PV panels would be added to the main rear roofslope. - 2.6 In a covering letter submitted with the application, the applicant's advise that they "are seeking approval to construct a new single family dwelling at 9 Perwick Road in Port St Mary, adjacent to their existing house 'Seahorse', which is no. 10 Perwick Road. They have lived there for 25 years and raised their family. They have always intended to build on the land and are seeking planning approval to help their children, who have graduated in the UK, to return to the Island.

The proposed dwelling will be built to passive house standards to aid the 'net zero' aspirations which the Isle of Man Government strives to achieve. The appearance of the new dwelling is in

keeping with and sympathetic to the neighbourhood. It is in fact, based on our client's current home, 'Seahorse', but has been tweaked to make the most of its beautiful setting. It has extensive glazing to the seaward elevation and a main bedroom located on the first floor offering magnificent views, as well as high energy efficiency ratings and integrated 'green technologies', as is to be expected from a passive house.

A planning application for No. 8 Perwick Road is currently under consideration (PA 23/00342/B). By submitting the application for No. 9 Perwick Road now, the planning officers and other interested parties can get a complete picture of the proposed streetscene, with new dwellings at both No. 8 and 9 Perwick Road."

2.7 The applicant's propose the use of an air source heat pump, details of which are provided.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated for residential use on the Area Plan for the South

(2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "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;

- (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. (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption. "

4.0 PLANNING HISTORY - 4.1 None of relevance in respect of the application site. - 4.2 NB - Planning Application Ref: 23/00342/B for the erection of a replacement dwelling with integral garage, associated landscaping and adjustment of the vehicular entrance at 8 Perwick Road, Port St Mary, IOM, is currently pending consideration. - 4.3 NB - Planning Application Ref: 18/00860/B - for alterations and extension to property, and creation of terrace at No. 7 Perwick Road was granted on 22/11/2018. The planning permission has not been implemented, and expired on 21/11/2022. No further applications for No. 7 have been submitted. This mainly involved the removal of the existing conservatory and the addition of a lower ground floor level extension to provide a study and bedroom 4, with balcony/sitting out area above on flat roof; rear ground floor dining room extension at level of balcony; remodelling of the elevations, a new front porch and replacement of the two garage doors with a double up-and-over garage door. CONSULTATIONS

4.1 Highway Services - comments received 5/5/23. Highways Comments: After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking with use being made of an existing access. The Applicant is advised to install an electric vehicle charging point to aid net zero objectives. - 4.2 Highways Drainage comments (11/7/23) are: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

- Recommendation: Please be aware off and demonstrate compliance with the above clauses and prevent any surface water running off the site onto the highway assets.
- 4.3 Port St Mary Commissioners (1/6/23): Had no objections to the application.
- 4.4 Planning Enforcement Officer - no comments received.
- 4.5 Forestry, Amenity And Lands, DEFA - no comments received.
- 4.6 Manx Utilities Authority - Drainage (8/5/23) - comments: "Further to the above planning application please be advised we have no separate surface water drainage in the area (please see plan below). Therefore Manx Utilities will not allow any further SW discharge into the combined system. Please can you confirm how SW will be discharged?" Written Representations

4.6 The occupants of 8 Perwick Road, Port St Mary, IM9 5PA have written objecting to the application (18/5/23). It is noted that these comments are written with the proposed replacement dwellingPA23/00342/B application in mind, although they are also relevant to the existing dwelling occupying the plot at No. 8. Their comments summarised as follows:

- 1. Overlooking from balcony - The proposals indicate a very large first floor balcony to the rear of the proposed dwelling, extending the entire width (13.725M) of the dwelling and projecting over 5.5M. We estimate (in absence of levels on the drawings) that the level of the balcony is some 1.3M above the rear terrace levels of our proposal for No. 8, and 2.53M above the existing garden level, the balcony provides a panoramic view over the private amenity space of No. 8, resulting in an unreasonable and unacceptable loss of privacy (see IoM Residential Design Guide 7.5). It is also completely out of character with the rear character of the street (facing golf course) and results in an unpleasant dark undercroft. The prominent stair and slide are again out of character. The elevation and plan diagrams on the next pages show the detrimental impact and the extent of overlooking the balcony would create on our client's rear garden / private amenity space.
- 2. Overlooking form gable windows - There are 9 gable windows in the NE gable shown that face directly towards No. 8. These are stated as high level and there are no levels shown. . As there are 3 separate floor levels, it is quite possible these windows will overlook No. 8 resulting in a loss of privacy.
- 3. Boundary treatment and position is unclear - The boundary treatment between No. 8 and the plot at No. 9 is unclear, and there is uncertainty if the redline shown on Drawing 2306PL 1000 is the correct position (centre of concrete post) or not. Furthermore, there are inconsistencies in the drawings particularly in relation to the common boundary which show a variance of the proposed built form between 1.2m from the side boundary and 500mm 600mm.
- 4. Construction issues arising from excavation in close proximity - The proposal requires that the ground is excavated in close proximity to the No. 8 boundary. There is already a difference in ground levels, and we estimate that excavations going down a further 2.4m below existing ground level are required. Given the close proximity of the new dwelling to the boundary this may pose a risk of structural stability of the building on the plot for No.8 as we have indicated in 3 above that we can't be sure of the separation distances between the proposal for No. 9 and our shared boundary.
- 5. Flood risk issues The Isle of Man Department of Infrastructure Indicative Flood Risk Maps, show that there is a medium risk of surface water flooding over the majority of the site of No.

9 Perwick Road. The proposals submitted indicate that the ground levels will be further reduced to create a semi-basement towards the north of the site. There doesn't appear to be a Flood Risk Assessment included with the application which we assume would be a prerequisite in terms of seeking permission to excavate and build a substantial building in a flood risk zone.

- 6. Foul Drainage Drawing 2306/PL1000 indicates that foul sewage will be disposed to a public foul sewer running through the front garden of the application site, flowing east through the gardens of adjoining properties. According to Manx Utilities sewer map (below), the foul sewer running through the front gardens on this side of Perwick Road is only public from the manhole within the driveway of No. 8 moving east, and the sewer to the west of this manhole is private, and remains unadopted by Manx Utilities. It is not clear why the private sewer has not been

adopted. As far as we are aware there is no agreement in place between No. 10 and No. 8 for this sewer crossing the front garden of No. 8. This proposal would intensify the use of a sewer that does not appear to have agreement.

5.0 PLANNING POLICY - 5.1 The site lies within an area designated on the Area Plan for the South as Predominantly Residential. The site is not within a Conservation Area or flood risk area. The site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant: - 5.2 The site lies within an area designated for residential use on the Area Plan for the South

(2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "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;

- (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. (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption. "

### 5.3 Paragraph 7.34: Existing Settlements

- 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:

- i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
- ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
- iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
- iv. respect local styles; and
- v. provide a safe and secure environment.

5.5 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.

7.0 ASSESSMENT - 7.1 The fundamental issues to consider in the assessment of this planning application are;

- i. The principle of the development (GP 2);

- ii. The visual impact of the proposed development (GP2 b & c, & EP 42);
- iii. The impact upon the amenities (overlooking, loss of light; over bearing impact, privacy and visual amenity) of the neighbouring properties (GP2 g); and
- iv. Whether there would be any adverse impact on highway safety (GP2 (h & i).

7.2 The issues in this case are whether the proposed new dwelling in terms of its the size, scale, massing, plot coverage and overall architecture is suitable for this site in terms of the impact it would have on the character of the streetscene and the site's surroundings. In addition, consideration should be given to whether it would have an acceptable impact on the living conditions of those in neighbouring and nearby dwellings (including that proposed by application Ref: 23/00432/B - pending consideration) for the replacement of the adjoining dwelling to the side of the plot No. 8 Perwick Road; and, finally whether the proposed changes to vehicular access would be satisfactory in terms of highway safety. Streetscene - 7.3 The proposed dwelling would be sited approx. 1.0m - 1.2m from the side boundary with No. 8 which is marked by a concrete block wall in the vicinity of the dwelling and by the wall with horizontal, hit-and-miss fencing, where the site adjoins No. 8's rear garden area. The design and layout proposes a gap of approx. 5.0m between the new dwelling and that existing

- at No. 10. It would not span the width of the plot. The submitted plans show that the new dwelling would measure:

- o Footprint of approx. 270m2;
- o 21.0m deep (max. front to rear) 18.0m main section;
- o 18.0m along the side adjoining No. 8's side garden;
- o 15.8m across the width of the main part of the dwelling; and,
- o Eaves heights varies between 3.5m front / 7.0m rear, and 7.5m to eaves of rear projection;
- o Eaves height of flat roof at rear 7.49m;
- o Max roof height 7.48m from road, and 9.5 from mid-point of side elevation - the ridge height corresponds with that of the proposed replacement dwelling for No. 8 and the existing dwelling at No. 10 Perwick Road;
- o Chimney height 8.70m as viewed from the road, 11.1m as viewed from the side after excavation;

7.3 The external built forms proposed indicate that the proposed dwelling would step down from a single storey bungalow as viewed from Perwick Road with a pitched roof over and a central entrance door with pitched porch roof over, with an integral single garage on the side closest to No. 8. The sloping nature of the site would enable the proposed dwelling to be 2½ stories in height at the rear, with accommodation on 3 floors. This would be achieved by digging into the slope and removing approx. 93cubic metres of soil from site by lorry. The dwelling would have a rear wing with ridge set slightly under the main roof ridge across the dwelling. The dwelling would have a max. depth on plot of 21.0m, and the outside deck area at ground floor level (first floor level at the rear) would extend outward to the rear to the same depth as the built form of the replacement dwelling at No. 8. There would be grassed amenity areas front and rear and a grassed side strip adjacent to the existing No. 10 dwelling. The height of the dwelling would be similar to that of the existing dwelling at No. 10 (owned and

- occupied by the applicants); and, both the existing and the proposed replacement dwelling at No. 8. It would be set further back on its plot than the No. 8 replacement, which would assist in screening it from views along Perwick Road from the direction of Fistard Road. It would presently project as far forward on its plot as the existing No. 8 dwelling. Last, its design is reflective of that of the existing No. 10 dwelling. Overall, it is considered that it would represent an acceptable addition to the streetscene in terms of its siting, design, scale, height and massing, and the space around the dwelling would allow for planting/landscaping appropriate for a site close to the sea and the prevailing SW wind, which would, over time, soften the appearance of the dwelling and assist in assimilating it into its surroundings. The provision of a landscaping scheme should be conditioned.

7.4 It is considered that the proposed new dwelling represents an acceptable form of development that would not be unduly harmful within the streetscene, and its visual impact is considered to be acceptable. This accords with the provisions of policy GP2 in the Isle of Man Strategic Development plan (2016). Impact on neighbours - 7.5 Those properties closest to the application building are the existing dwelling at No. 8 Perwick Road (subject of PA 23/00342/B for a replacement dwelling - pending consideration); which is alongside to the north-east; and, No. 10 Perwick Road, to the south-west, which is approx. 5.0m away from the proposed dwelling. It is noted that the occupants of No. 8 had already submitted an application for full planning permission for a replacement dwelling at No.

- 8, and have expressed concerns regarding the new dwelling proposed for the No. 9 site. Their concerns relate to potential for overlooking from the horizontal slit windows in the side elevation, and from the balcony/deck to the rear; potential for subsidence affecting the replacement dwelling for No. 8 through digging out/excavation of the site to accommodate the new dwelling. It being out of character at the rear with an "unpleasant dark undercroft"; and, issues relating to flooding and foul drainage. These will be discussed below.

7.9 It is considered that the slit windows in the side elevation, which are all shown as high level could be conditioned to be obscure glazed and non-opening, given the proximity of the dwelling to this side of the boundary and the proposed replacement No. 8 dwelling. Those windows serving bedrooms, are not principle windows, and those serving the LGF plant room and bathroom; the GF garage, bathroom and dressing room; and, the FF Bedroom and bathroom would not give rise to an unacceptable loss of amenity to the occupants of the dwelling. In this regard, the amenities of occupants of either the existing No. 8 dwelling, or the proposed replacement dwelling would be protected. - 7.10 In respect of the impacts of the outdoor decking to the rear of the dwelling at internal ground floor level, which would result in the decking being at an elevated level when viewed from the rear garden area and No. 8, it is noted that this reflects the existing situation at the rear of the No. 10 dwelling, which has decking/balcony area at a similar level. In terms of the impact on the adjoining proposed new dwelling at No. 8 Perwick Road, this would be set one storey lower than the rear balcony area serving this new dwelling. It would provide views over the rear garden of No. 8. In terms of observation it is considered to be a case of see and be seen, and whilst the applicant's for the new No. 8 dwelling have complained about this proposed arrangement, the applicants for the No. 9 plot dwelling have not. It is noted in the case of the replacement dwelling, that this proposes a roofed over open side, sitting out area

at first level to the rear closest to No. 9. This would result in overlooking of the rear garden and decking area serving the No. 9 dwelling. In both these cases, it is considered that the occupants of both dwellings would benefit from a balcony/decking arrangement with views out across the Golf Course towards the sea, and to discriminate in favour of one design against the other on the grounds of overlooking/loss of privacy is considered to be inappropriate when in reality the benefits to the occupants of each individual dwelling are considerable in relation to the outward views available to their respective occupants. As both dwellings would be new, their prospective initial occupants can choose whether they wish to occupy them. They both have a highly favourable rear view and it is considered that the advantages of this for the future occupants of each development would minimise any harm that may arise from overlooking. On balance, the impact on the amenities of occupants of neighbouring dwellings, both existing and proposed is considered to be acceptable and meets with the provisions of Policy GP2 of the Isle of Man Strategic Plan (2016).

7.11 In respect of the impacts of the proposed development on the amenities of the occupants of No. 10, it is noted that No. 10 has 1 No. ground and 2 No. first floor windows in its side elevation facing the site, with further hi-level first floor, obscure glazed, bathroom window. The new dwelling would have: Lower Ground Floor: A glazed side entrance door serving the utility room, which would largely be screened by the retained, post excavation, bank;

- A high level, obscure glazed, bathroom window; Full-height, glazed panels serving the bedroom at this level; Ground floor: Living room window; and, full-height glazed panels serving the living room/dining area at this level; First floor: Bedroom/Dressing Room stained glass window; and obscure glazed hi-level bathroom window;
- 7.12 Bearing in mind that the occupants of No. 10 are the applicants for the new No. 9 dwelling, and on the basis that people come and go whilst buildings stay; and, that the future occupancy of both dwellings may not result in the current same ownership status, it is considered that these glazed elements would not give rise to an unacceptable degree of overlooking/loss of privacy to occupants of the existing dwelling at No. 10. In this regard, the impact on the amenities of occupants of the neighbouring dwelling at No. 10 Perwick Road, would be acceptable and meets with the provisions of Policy GP2 of the Isle of Man Strategic Plan (2016).
- 7.13 The applicants for the Ref: 23/00470/B planning application, in connection with the replacement dwelling application at No. 8, commented that they do not oppose the redevelopment of No. 8, but wish to ensure their amenities are protected and their intention to build at No. 9 is known and will be taken into account before a decision on the application is made. They, nevertheless, express concern that the entrance hall, would afford straight views onto No. 9 Perwick Road via the courtyard, and that the design of their dwelling would result in the view from and the light falling into the courtyard from the side being affected. Whilst these concerns are noted, they are not considered to constitute sufficient an objection to warrant a refusal.
- 7.14 It is noted that one window would be inserted in the front elevation of the new dwelling facing the road to the north-east would serve a ground floor study/guest room. This window would approx. 30m from the frontage of the dwelling at 'Sherina', Perwick Road, which lies directly opposite the site. It is considered that this distance, particularly as it is across a public highway, is sufficient to ensure that the new bedroom window would not result in an adverse impact on the privacy of occupants of this dwelling. Highway safety
- 7.15 The proposed existing vehicular access serving the site is proposed to be utilised. The Department of Infrastructure Highway Services has indicated that: "the proposal would have no significant negative impact upon highway safety, network functionality and /or parking with use being made of an existing access. On this basis, it is considered that, on their own, the proposed alterations would be acceptable. Other Matters
- 7.16 It is noted that there is a minor surface water flood risk to the north east of the site. Given the site lies within a an established residential area, and the proposal is for one dwelling , the development would result in a relatively minor change, and the proposal is considered to be acceptable in this regard. No Flood Risk Assessment is, therefore, required of the applicants.
- 7.17 The comments made by the neighbours at No. 8 adjoining the site and applicants for the 23/00342/B replacement dwelling application, regarding excavations to accommodate the new dwelling on site and that they estimate that excavations would go down a further 2.4m below existing ground level potentially resulting in them posing a risk of structural stability of the building on the plot for No.8 as they are not sure of the separation distances between the proposal for No. 9 and our shared boundary, are noted. The submitted drawings indicate an approx. 1.2m gap between the side wall of the dwelling and the boundary wall. Any works of excavation would be a matter for Building Control, and it is considered that this matter would be covered at this stage. In planning terms, it is considered that the proposed works of excavation are acceptable given that such works have been undertaken elsewhere on this side of Perwick Road in developing the existing adjoining and nearby dwellings. This aspect of the

proposed development is considered to be acceptable and meets with the provisions of Policy GP2 of the Isle of Man Strategic Plan (2016).

Biodiversity

7.18 The comments received from the DEFA Biodiversity Team advise that care should be taken at the development stage as there is a potential impact on the adjoining land forming the edge of the Golf Course where the land forms part of the habitat for Speckled Bush Crickets which are a Protected Species under the Wildlife Act 1990.

## - 8.00 SUMMARY

8.1 As the site lies within an area designated for residential use, there is no objection to the principle of development for a new dwelling and bearing in mind the varied streetscene, there is no objection to a slightly different and/or taller or larger building provided that this still sits comfortably in the streetscene. As it is, whilst the proposed new dwelling would be higher than the existing dwelling at No. 8, it would be no higher than other dwellings in the street namely,

6 and 10 Perwick Road, and the proposed replacement dwelling at No. 8 Perwick Road.

8.2 The proposed new dwelling would be of a design and style reflective of the adjoining dwelling at No. 10. In terms of the existing dwelling at No. 8, and its proposed replacement, it would not be larger than the proposed replacement dwelling in terms of its scale and massing; and unlike the replacement dwelling at No. 8, its overall architecture which is not contemporary in style. The proposed new dwelling is considered to be an acceptable addition in the streetscene. The proposed development would be suitable for this site, which is emphasised by the contextual elevations and streetscene images provided by the applicant's in their submission, and a comparison of it with existing dwellings at 7 and 10 Perwick Road; and, the proposed replacement dwelling at No. 8. These adjoining dwellings are characterised by lowrise detached units with garden areas front and rear that are commensurate with the size, scale and massing of the individual dwellings/development, thereon, and this is reflected in the details of both the replacement dwelling for No. 8 and the new dwelling as provided by the applicant. - 8.3 The proposal would represent in an acceptable development of the plot which whilst different to the proposed replacement dwelling, would not be unacceptably out of keeping with the surroundings. As a result, its design and visual impact, as well as the impact on the character and appearance of the streetscene, are considered to be acceptable. - 8.4 In terms of its impact on the amenities enjoyed by occupants of adjoining residential properties, it is considered that the presence of the raised, decked ground floor element of the new dwelling and external staircase closest to No. 8 would not result in an overbearing outlook when viewed from either the existing or proposed replacement dwelling - which has an upper floor roofed over, open sided, balcony area at one level above that proposed to serve the new dwelling. - 8.5 The comments received from the applicants for the proposed replacement dwelling on the adjoining plot at No. 8 Perwick Road (See PA Ref: 23/00342/B), have been noted. As this adjoining site is occupied by an existing dwelling, some weight is attributed to the concerns raised in respect of the impacts the design of that the proposed replacement dwelling could have for its enjoyment by future occupants. However, they do not amount to a substantive reason to withhold planning permission. - 8.6 There would be no adverse impacts on the amenities of occupants of 'Sherina' or the dwellings either side of this property located directly across Perwick Road from the No. 9 plot. The proposed works to the existing vehicular access onto Perwick Road to serve the new dwelling would be acceptable in highway safety terms.

## CONCLUSION

9.1 The application is considered to be acceptable and is recommended for approval.

- INTERESTED PERSON STATUS
- 10.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

10.2 The decision-maker must determine:

- * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

10.3 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 04.09.2023

Signed : H LAIRD Presenting Officer

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

Signatory to delete as appropriate YES/NO See below 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/10229-rushen-9-perwick-new-build-garage/documents/969484*