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The site is the curtilage of an existing dwelling situated on the landward side of the A12 highway which runs from Derbyhaven to the Flying Club where it continues as a public footpath around the north eastern extent of the Airport runway and part of the Raad ny Foillan long distance footpath.
The dwelling is a tall, stone faced three storey property which has been extended to the south by a pitched roofed three storey element which reflects the general style of the main house, and with a flat roofed, slightly lower annex alongside, and in front there is a boathouse - a stone single storey building with large wooden gates which extends to within 5m of the roadway. The house itself sits some 22m back from the road.
To the immediate south of the extension lies Marine Court apartments which abut the application at the side of the extension. The property backs onto an open area which has been the subject of an application for residential development - PA 95/0178 refused on review and PA 95/1057 refused at appeal.
The site lies within an area designated as Existing Residential in the Town and Country Planning (Development Plan) Order 1982. On the draft Southern Area Plan the site lies within an area of Residential use although Derbyhaven is not acknowledged as a settlement in either the Strategic Plan nor the draft Area Plan.
Proposed here is the conversion of the boat house to a gym, the provision of a link between the house and the boathouse, a rear extension to provide a garden room, kitchen and sitting room and the demolition of the existing garage at the rear and its replacement with an open parking and turning area. A tree will be removed close to the boundary with the adjacent property, Traa de Liooar and re-planted in the rear garden.
There is a small, relatively high level window on the boundary belonging to the adjacent property to the south which looks into the application site. The link between the boathouse and the main house is to be stepped to maintain light around this window. The three storey extension to the southern side is to be rebuilt, stepped slightly further forward and finished in glazing which is intended to preserve the dominance of the main frontage rather than mimic it as does the existing. The extensions at the rear are largely flat roofed and single storey although the kitchen roof is to be planted with a sedum roof.
The appropriate policy to be applied is General Policy 2 of the Strategic Plan which 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:
a) is in accordance with the design brief in the Area Plan where there is such a brief; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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 adverse effect on road safety or traffic flows on the local highways; j) can be provided with all necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; 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."
The following planning applications have been submitted in respect of this site:
PA 97/0741 - internal and external alterations - permitted
Malew Parish Commissioners express concern about the expanse of glazing but do not otherwise object to the application.
Highways and Traffic Division indicate that they do not oppose the application
The Isle of Man Water and Sewerage Authority do not object provided that no surface water is discharged to the main foul sewer. The applicant has submitted additional plans which demonstrate that surface water will be discharged to a new soakaways and thus satisfy the Authority's concerns.
The alterations will remove an uninspiring extension and replace it with something which does not mimic the existing but complements it in a modern form with no adverse impact on the amenities of neighbours. The change in the streetscene is limited by the relationship of the building with the street and the proximity of other existing buildings and the boathouse but the extension will be seen by those, particularly passing on foot as people are minded to do due to the attractive shoreline.
It is considered that the proposals satisfy the requirements of GP 2 in terms of its appearance and impact on those in neighbouring properties and whilst there is an expanse of glazing which is not presently found on the building, this is not so out of keeping as to warrant refusal of the application.
The local authority, Malew Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Isle of Man Water and Sewerage Authority are a statutory authority and as such should be afforded party status in this instance.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 12.07.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This permission relates to the alterations and extensions shown in drawings reference P100, P101, P102, P103, P10-01, P10-02, P10-03 all received on 26th May, 2011 and P104 received on 17th June, 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made : Permitted Date : 19/7/11
Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : Jennifer Chance Senior Planning Officer
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