DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00282/B Applicant: Mr Peter Peniata Proposal: Landscaping raised level to grass area. Site Address: 2 Wybourn Drive Onchan Isle Of Man IM3 4AJ Planning Officer: Mr Paul Visigah Photo Taken: 25.04.2023 Site Visit: 25.04.2023 Expected Decision Level: Officer Delegation 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. Prior to the use of the garden approved as part of the development, a 1.7m high solid timber screen shall be erected along the existing fence on the boundary of 3 Governors Road, Onchan. The screen fence shall be retained thereafter.

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

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

The proposal would not unacceptably harm the characteristic of the existing building or the character of the surrounding street scene and locality, and the scheme would not result in significant adverse impact on neighbouring or public amenity. The proposal, therefore, complies with General Policy 2, Strategic Policy 3b, Environment Policy 42 of the Isle of Man Strategic Plan and the principles promoted by the Residential Design Guide 2021.

Plans/Drawings/Information;

This decision relates to the documents and plans received 9 Mar 2023, and correspondence from applicant received 1 August 2023.

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 not mentioned in Article 4(2):

• 3 Governors Road, Onchan, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 2 Wybourn Drive, Onchan, which is a detached, two-storey dwelling situated on the western side of Wybourn Drive. The dwelling is unique in its setting as it is the only flat roofed property with roof terrace in its immediate surroundings. - 1.2 The property has its entire frontage lined by Clipsham stone boundary wall with cap stones, which only opens up at the pedestrian and vehicular entrance. This property sits on a slightly higher elevation relative to the properties on Governors Road, but is set on a lower ground level that the neighbour to the north elevation. The boundary of the rear garden abuts a registered tree area.

2.0 PROPOSAL - 2.1 Full planning approval is sought for Landscaping raised level to grass area. - 2.2 The works would include raising a section of the side garden which measures about

• 8.7m long, 5.8m wide in front and 2.4m wide at the rear to form a new raised level grass area. This filled up land would be about 1.1m at the highest point which abuts the front garden which flattens out towards the site frontage.

2.3 The raised grass area which would be set within a retaining walls with railway sleepers on three sides would be level with the ground level of the rear garden, and have an offset distance set at about 600mm from the walls of the neighbour's garage at 'Briardene', 5 Governors Road, Onchan. A planter bed would be set to front of retaining wall.

3.0 PLANNING POLICY - 3.1 The application site is in an area zoned as Predominantly Residential under the Area Plan for the East (Map 6 - Onchan), and the site is not within a Conservation Area. The site is not prone to flood risks, there are no registered trees on site, and the site is not within a registered tree area, although it abuts the Government House Registered Tee Area. - 3.2 Given the location of the property and the nature of the proposed development, the following parts of the Strategic Plan are considered relevant: - 3.3 General Policy 2 (GP2) (in part) "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;

• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

3.4 Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. - 3.5 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character. - 3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, and Community Policies 7 and 10.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 on Local Distinctiveness, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 PA 22/00906/B for Erection of replacement rear and side single storey extension, installation of bi-fold doors to the rear, replacement landing window, widening of vehicle access and dropped kerb to be widened, which was approved on 1 February 2023 is considered relevant to the current application. The proposal sought to refurbish the existing building on site which had been neglected for some time, with the works proposed within the current scheme seeking to improve the external appearance of the site.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no interest (NHI) (17 March 2023). - 6.2 Onchan Commissioners have recommended that the planning application be refused on the grounds of loss of privacy to neighbouring property (3 April 2023). - 6.3 The owners/occupiers of 3 Governors Road, Onchan, have raised concerns with impacts on privacy. They also raised issues with the footprint of the development which they consider to bear no semblance with the proposed drawings. As well, they note that there is no mitigation on the plans for a higher replacement fence to ensure their privacy is maintained (2 May 2023). - 6.4 In response to the comments the comments made by the Onchan Commissioners, and the neighbours at 3 Governors Road, the applicants have made the following comments (18 April 2023/16 May 2023):

• o They note that the Commissioners have not identified the property that would be affected by the development in their consultation comments.
• o They state that they are no aware that the commissioners have visited the site.

• o The works to raise the garden has not commenced, and note that the random rubble are from the demolished rear extension on the property.
• o They state that the rubble is being stored there in the event that the application is approved so that it can be utilized.
• o They are of the opinion that the development does not affect the privacy of 3 Governors Road. They state that the works only project about 600mm beyond the edge of the garage on 5 Governors Road, and that the rail and post fence screens the neighbour from the application site.

7.0 ASSESSMENT - 7.1 The issues in this case are whether the proposed works will have adverse visual impacts, and whether there would be any adverse impact on the living conditions of those in adjacent properties. - 7.2 CHARACTER AND APPEARANCE (GP2, STP 3, EP 42 & RDG 2021)

• 7.2.1 In assessing the visual impacts of the proposed development, it is considered that there are visual benefits of the works which would serve to extend the level garden area towards the front garden, with the level ground also making garden management easier. The works would also improve the appearance of the site by creating a clear distinction between the side and front garden, with the added planting serving to improve the appearance of the site area. The design, layout and material finish of the hard elements of the works are also considered to be in keeping and an appropriate form of development for the site and area.

7.3 IMPACT ON NEIGHBOURING AMENITY (GP 2 and RDG 2021)

• 7.3.1 In terms of impacts on neighbouring amenity, it is considered that works would be largely confined to the rear of the garage at 'Briardene', 5 Governors Road, which would ensure that the raised level does not raise privacy concerns for this neighbour.

• 7.3.2 With regard to potential impacts on the adjacent neighbours at 3 Governors Road which directly abuts the application site, it is considered that some elements of the works have some potential to impact on this neighbours. It is, however, worth noting that although the entire rear garden is being replanted, it is worth noting that the rear garden could be cleared of its vegetation without the need for planning approval, hence planning approval is only required for the changes in level, not the clearance or the planting, as such only a small strip of this neighbouring rear would be impacted, considering the existing level difference between the application site and this neighbour already affords clear views over the existing fence into this neighbouring property. As such, it is not considered that this level change would considerably alter the existing relationship in terms of impacts on 3 Governors Road.
• 7.3.3 Notwithstanding the above, a condition would be included to ensure that a garden screen is installed along the stretch of the rear garden with 3 Governors Road, to ensure that overlooking is not exacerbated over the existing relationship.
• 7.4 Other matters

• 7.4.1 The comments made by the applicants and the owners/occupants of 3 Governors Road, regarding commencement of the works are noted. In view of these comments, the site was revisited on 25 April 2023 to confirm the issues raised with the site. During the site visit, it was noted the some of the works had been carried out as the site had already been levelled with board serving as some form of retaining wall in place. However, these findings have not in any way affected the decisions on the application, as the scheme has been assessed within the remit of existing policies which guide such development in areas zoned for development.

• 7.4.2 Other matters related to the works on the rear garden and privacy issues have been addressed within section 7.3 of this report.
• 8.0 CONCLUSION

8.1 Overall, it is concluded that the planning application accords with the relevant policies of the Isle of Man Strategic Plan 2016 and the principles promoted by the Residential Design Guide, and as such is recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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 in Article 4(2) 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 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: 04.08.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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