DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00384/B Applicant: Mr & Mrs Mike Hoctor Proposal: Alterations including the erection of ground and first floor extensions to provide additional living accommodation Site Address: Capel Glen Pinfold Hill Laxey Isle Of Man IM4 7HP Planning Officer: Mr Paul Visigah Photo Taken: 27.06.2023 Site Visit: 27.06.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 09.08.2023

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 proposed first floor windows for the WC situated on the North elevation of the dwelling with views towards 'Glen Craig' 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 from overlooking and loss of privacy.

• C 3. Prior to the use of the first floor external balcony approved as part of this application, the privacy screen shown on drawing No. 22 1716 06 rev A, which shall have a minimum height of

• 1.7m and erected on the northern elevation of the balcony shall be installed and permanently retained thereafter.

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

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.

Overall, it is considered that the proposals do not have a detrimental impact upon the character of the existing dwelling or locality within which it is located, with the proposal considered to conform to the basis of General Policy 2, Strategic Policy 3 (b), and Environment Policy 42. No significant adverse impact has been identified as likely with respect of the impacts on neighbouring amenity, and no public amenity or highway safety impacts have been noted. Therefore, it is considered that the proposal also complies with Transport Policy 7 and Community Policy 10 of the IOMSP, and the principles promoted by the Residential Design Guide 2021.

Plans/Drawings/Information; This decision relates to the documents and plans received 28 March 2023, and Additional documents/ Amended Plans and documents received 27 June 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):

Glen Craig, Pinfold Hill, Laxey, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

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 4(2):

Iona, Pinfold Hill, Laxey; Venture, Pinfold Hill, Laxey; Heather Bank Cottage, Pinfold Hill, Laxey

as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER

0.0 PREMABLE - 0.1 This application was originally approved by the Planning Committee on 21 August 2023. Subsequent to the meeting and prior to the issue of the decision notice, it became apparent that an additional representation had been received from the Owners/occupiers of Heather Bank Cottage, Pinfold Hill, Lonan, prior to the public sitting but which had not been assessed by the Case Officer. The representation had not been included in the original officer report as it

had been submitted after it and the IPS assessment had been concluded, and the Committee agenda published.

• 0.1.1 Therefore the application was brought back to Committee in the interest of due diligence.
• 0.1.2 It is recommended that the party not be granted IPS, given that they had 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.
• 0.1.3 For the avoidance of doubt, there are no changes to the scheme itself as previously presented and considered by the Committee.

1.0 THE SITE - 1.1 The site represents the residential curtilage of Capel Glen, Pinfold Hill, Laxey, which is a two storey detached property, located on the eastern side of Pinfold Hill. The existing dwelling which has pitched and hip roofed elements has a large decking area which is set over an integral double garage and an office/store situated on the lower ground floor. - 1.2 The layout of the site is such that its roof sits about 3.2m below the ground level of the Manx Electric Railway line which runs along the western boundary of the site and separates the dwelling and its neighbours from the dwellings on the eastern side of Pinfold Hill. A mute hedge between 1.2m to 2m high runs along the rear boundary of the site and Manx electric railway line, and conceals the site from this line. - 1.3 The street comprises a mix of split level two and three storey detached dwellings, with a significant proportion of them rendered and finished in a light colour, and many rise with the land at the rear. Most of the properties are modern, with a varied range of designs, themes and character that reflect their age. The dwellings here also have decking and balconies that over views over the Laxey bay below.

- 2.0 THE PROPOSAL

2.1 Planning approval is sought for alterations including the erection of ground and first floor extensions to provide additional living accommodation. The proposed works are as follows: - 2.2 Creating a first floor extension over the existing ground floor to create additional accommodation that would include a snug/lounge, an open plan dining/living/ breakfast and kitchen area, a stairwell, a utility and WC, and external bridge to the elevated garden at the rear, and an external balcony. The scheme involves a large section of obscure glazing on the north elevation to prevent overlooking of the neighbouring property at Glen Craig. A new pitch roof system would be set over the new first floor extension. - 2.3 On the existing ground floor area which is set over the lower ground floor, the works shall result in internal alterations to create a new office in place of the existing conservatory, with this floor retaining two bedrooms with ensuite, two additional bedrooms, a utility room, bathroom, cloaks cupboard, and the stairwell. The decking on this floor shall be retained. - 2.4 There would be no changes to the lower ground floor. Also, the vehicular access and parking provisions would remain unchanged. There would also be no changes to the site level. - 2.5 No trees or mature landscaping shall be removed to facilitate the proposal.

- 3.0 PLANNING POLICY

3.1 The site is within an area zoned as Predominantly Residential Use of the Area Plan for the East (Map 7 - Laxey), and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site. - 3.2 Given the nature of the proposed development, the following parts of the IOM Strategic Plan area relevant for consideration: - 3.3 General Policy 2 states 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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (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;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

• 3.3.1 It is also important to have regard to Paragraph 8.12.1 of the Strategic Plan: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

3.4 Strategic Policy 3 and Environment Policy 42 both focus on the visual design of developments, and state that the design of new development should take account of the local materials, character and identity of its immediate locality, including landscape features. - 3.5 Strategic Policy 4: Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations. - 3.6 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. - 3.7 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. "Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".

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

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 RESIDENTIAL DESIGN GUIDE 2021 4.1.1 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 The following previous planning application for the site are considered to be materially relevant in the assessment and determination of the current application:

5.2 PA 85/00617/B for Alterations and extensions to form additional living accommodation and garage - Approved.

5.3 PA 00/00736/B for Alterations and extension to dwelling and erection of replacement garage - Approved. - 5.4 PA 01/00159/B for Alterations and extensions to dwelling (amendment to approved PA 00/00736) - Approved. - 5.5 These application which were approved have resulted in the current form and appearance of the existing dwelling on site, which the current application seeks to further alter.

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 Highway Interest' in their correspondence dated 13 April 2023/28 June 2023.

6.2 Garff Commissioners have stated that this application was considered in detail. They further state that it was felt that due to the height of the adjacent properties the second floor would not cause unacceptable visual intrusion. There were no objections to the application (14 April 2023).

• 6.2.1 Following submission of amended plans that the Commissioners feel that these amendments will cause no further significant visual intrusion (28 June 2023).

6.3 The owners/occupiers of Iona, Pinfold Hill, Laxey, have made the following comments (4 April 2023):

• The state that the increase in height of the application dwelling would result in their loss of view. o The result in potential adverse impacts on their bed and breakfast business in their property as a result of the loss of view.

6.4 The owners/occupiers of Venture, Pinfold Hill, Laxey object to the application on grounds of loss of view (12 May 2023).

6.5 The owners/occupiers of Glen Craig, Pinfold Hill, Laxey object to the application on the following grounds (2 June 2023/3 June 2023):

• o The proposed alterations appear to more or less double the size of the existing building which would make it huge (too big) in relation to the size of plot.
• o Loss of privacy due to some windows on the north elevation overlooking their garden.
• o Loss of view.

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are:

• i. The Visual impact of the proposal; and
• ii. Impact on neighbouring amenity.

7.2 The scheme does not propose any alterations to the means of access to the site or parking provisions within the site. As such, it is not considered that there would be any adverse impacts on parking or highway safety resulting from the proposal.

7.3 The scale of the proposed works is such that would not result in significant vegetation removal, considering the extension would be erected largely within the footprint of the existing dwelling on site. Additionally, no trees would be removed as a result of the proposal. Therefore, any impacts on biodiversity within the site will be negligible, and overridden by the retention of large sections of shrubbery situated within the rear garden of the site, which will remain considerably unchanged.

- 7.4 VISUAL IMPACTS (GP 2, SP 3B & EP 42, & RDG 2021)

• 7.4.1 In terms of impacts of the proposed development on the appearance of the existing dwelling on site, it is considered that the proposed changes to the dwelling are of a scale and form that would fit seamlessly with the modern character and appearance of the existing dwelling and site, and would not result in any adverse impacts on the appearance of the existing property.
• 7.4.2 More so, the proposed works would maintain the roof form and the fenestration positions, proportions and style would also respect the existing symmetry and proportions of the existing dwelling fenestrations on the main dwelling. It is also noted that the proposed extensions would not unbalance the form of the dwelling, but would mainly retain its form, although its scale would be increased. Besides, the external works are judged to result in an overall improvement to the appearance of the existing property. As such, it is considered that the alterations and extension would be seamlessly integrated into the existing built fabric on site.
• 7.4.3 In assessing the impact of the proposed development on the character of the street scene, it is noted that the character of the street scene is varied with no overriding pattern and form; comprising a mix of building designs, styles and property sizes which makes the proposed change fit seamlessly into the existing street scene which is diverse in its current state, and without a dominant architectural style. Besides, the works would improve the appearance of the existing dwelling, resulting in positive changes to the character of the street scene. Therefore, it is considered that any impact on the character and appearance of the area and the site itself would be positive and in accordance with General Policy 2.

- 7.5 POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTS (GP 2 & RDG 2021)

• 7.5.1 In assessing potential impacts on neighbours, it is considered that the component of the application worthy of consideration with regard to impacts on the neighbouring dwellings would be the potential for overlooking. This is hinged on the fact that a new first floor balcony would be added to the front elevation of the dwelling. This balcony would, however, have privacy screen that runs along the edge of the balcony, offering views only over the front of the dwelling. As such it is considered that any potential for overlooking would be minimal and considerably diminished in this case.

• 7.5.2 Granting the nature of the site layout is such that angled nature of the boundary would allow some views towards the front garden of Glen Craig, the existing trees and mature shrubbery situated along this boundary would serve to diminish overlooking from the new balcony. Besides, the nature of the topography of the area allows for some of overlooking of outdoor areas for neighbouring properties.
• 7.5.3 The comments made by the occupants of Glen Craig regarding the introduction of windows on the side elevation of the dwelling with potential to impact on their property is noted. However, the only window proposed for the new extension would serve a non-habitable room, and would be finished in obscure glazing. As such, it is not considered that the introduction of the new fenestration would result in overlooking of Glen Craig.
• 7.5.4 It is not considered that overbearing impacts or loss of light would result as the increase in size and bulk of the dwelling would be at a section of that site that abuts the outbuilding within Glen Craig which has no windows to the side. As well, the part of the first floor extension that is further forward of this neighbouring outbuilding is at a section of the site with significant mature landscaping on the boundary. Thus, it is not considered that scheme as proposed would significantly alter the relationship between the application site and Glen Craig to result in overbearing impacts or loss of light (overshadowing).
• 7.5.5 The comment made by the occupants of Iona and Venture which are within Pinfold Hill, Laxey, and situated at significantly elevated ground levels over the application site regarding loss of view are noted. However, as loss of view is not a material planning consideration, it is not considered that these concerns are valid in the current case. The matters related to tourist perceptions regarding loss of view for Iona being used as a bed and breakfast are also noted. However, as has been noted, protection of private views bear no weight as a material planning consideration and as such cannot be considered in the assessment of this planning application.

- 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, or neighbouring amenities. It is also considered that the scheme would not result in adverse impacts upon parking and highway safety in the area. It is therefore recommended that the application be approved. - 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 above who should 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 : P VISIGAH 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.