**Document:** DEC Officer Report **Application:** 20/00524/B — Erection of raised covered decking (part retrospective) **Decision:** Refused **Decision Date:** 2020-08-06 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/13056-lezayre-19-ormly-avenue-decking-retrospective/documents/997120 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATIONS **Application No.:** 20/00524/B **Applicant:** Mr Simon Garrood **Proposal:** Erection of raised covered decking (part retrospective) **Site Address:** 19 Ormly Avenue Ramsey Isle Of Man IM8 3LF **Planning Officer:** Mrs Vanessa Porter **Expected Decision Level:** Officer Delegation **Recommended Decision:** Refused **Date of Recommendation:** 05.08.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The structure, given its height, width, design, finish and proximity to the eastern boundary (adjoining Plot 106, Royal Park) would be obtrusive and have a significant adverse impact upon the future occupants of this dwelling (Plot 106, Royal Park) by having an overbearing impact upon their outlooks, from their property and rear garden which is contrary to General Policy 2 of the Isle of Man Strategic Plan 2016. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE 1.1 The application site is the residential curtilage of 19 Ormly Avenue, Ramsey which is a single storey dormer dwelling with gardens to the front and rear and is situated to the eastern side of Ormly Avenue. - 1.2 To the rear of the site is a housing development (Royal Park Phase 2) which is currently under construction. Plots 105 - 106 Royal Park will be located to the rear of the application site boundary, which will be two storey detached properties. THE PROPOSAL 2.1 The current planning application seeks approval to erect a raised and covered decked area (partial retrospective). The raised decking area measures 254cm by 404cm with an overall height of 365cm from ground to roof level with a decking height of 130cm. The stairs into the raised decking area is situated to the north west of the structure. The raised decking area will be laid to feather edge cladding on the north, east and south elevations. PLANNING HISTORY - 3.1 The previously refused application 20/00179/B is the most relevant when assessing this application. 20/00179/B was for the "Erection of raised and covered decking area (partial retrospective)" which had two reasons for refusal. - Reason for refusal 1 - The raised deck given its height, width, design, finish and proximity to the east boundary (adjoining Plot 106 Royal Park) would be obtrusive and have a significant adverse impact upon the future occupants of this dwelling (Plot 106 Royal Park) by having an overbearing impact upon their outlooks, from their property and rear garden contrary to General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guidance 2019. - Reason for refusal 2 - The raised deck would introduce unobstructed views from the southeast section of the deck and from the external staircase towards the rear garden of Plot 105, resulting in in an adverse impact through overlooking resulting in loss of privacy contrary to General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guidance 2019. PLANNING POLICY 4.1 The site lies within an area zoned as Predominantly Residential on the Ramsey Local Plan 1998, Map 1. 4.2 Of specific relevance to the assessment of this application is General Policy 2 of the Isle of Man Strategic Plan 2016 General Policy 2 states "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; REPRESENTATIONS 5.1 Highway Services have No Highways Interest in this application (18.06.20). 5.2 Ramsey Town Commissioners have considered the proposal and have no objection (09.06.20). ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application is the potential impacts on the neighbouring amenities especially with regards to plot 106 and whether there will be any visual impacts upon the streetscene. 6.2 In the first instance the proposed structure itself will not readily be apparent from a public vantage point due to where it is located on the rear of the property, with Ormly Avenue blocking any potential views from the west. Whilst any potential views from the east will be blocked by the new Royal Park Estate which is currently under construction, as such there should be no impact on the streetscene. 6.3 It is then necessary to assess whether there would be any issues with regards to neighbouring amenity with special regards to plot 106 Royal Park, which is currently in the construction phase of the build and whether the reasons for refusal on the previously refused application PA20/00179/B have been responded to. - 6.4 The main differences with this application and the previously refused application is that the applicants have proposed moving the staircase to inside the structure and to reduce the overall height of the structure from 4.1m to 3.65m which is a reduction of 0.45m in height. - 6.5 The alteration to move the staircase within the structure has helped to addressed one of the reasons for refusal which was the potential overlooking resulting in a loss of privacy. This is due to the structure being enclosed in itself. - 6.6 The structure itself is still quite tall at being 3.65m above ground level which is 1.65m above the permitted development for fencing in the rear of a property. Whilst this is a reduction from the previously refused application of 0.45m this is still a substantially high structure which is directly on the boundary line. There is still the potential that the structure could cause a loss of light during the afternoon/evening periods due to its height. - 6.7 The structure itself once fully built would have a dominating appearance on the rear of plot 106 Royal Park with the structure being taller than the height of a single storey extension, conservatory, greenhouse or shed, this is ultimately apparent in the supporting information received from the client in which a photo has been taken from a first floor window and shows the overall height of the structure dwarfs the current summerhouse in the rear garden. - 6.8 The overbearing impact of the structure is only added to by the structure being enclosed on all three sides, whilst this is to limit any potential overlooking, the cladding creates a solid high wall along the boundary line. CONCLUSION 7.1 It is considered that due to the overbearing impact of the structure due to its height, design, finish and proximity to the east boundary would be against General Policy 2 of the Isle of Man Strategic Plan 2016 and is therefore recommended that the application be refused. 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 I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Refused Date: 05.08.2020 Determining officer Signed : S CORLETT Sarah Corlett Principal Planner 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. --- *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/13056-lezayre-19-ormly-avenue-decking-retrospective/documents/997120*