Officer Report

Application No.: 18/00213/B Applicant: Ryan Rhodes Proposal: Erection of flue, creation of new pedestrian access and associated landscaping works, replacement and extension of balcony with balustrading (retrospective) Site Address: 16 Cronk Ny Greiney Douglas Isle of Man IM2 5LW Planning Officer: Mr Owen Gore Photo Taken: 18.04.2018 Site Visit: 18.04.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.09.2018 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Access to the roof area above the garage shall be for maintenance purposes only and this area shall not be used at any time as external amenity space. Balustrading shall be only be erected where it has been shown on the amended Existing and Proposed Balcony Plan and no balustrading shall be erected around the roof area above the garage.

Reason: In the interests of protecting the privacy and amenity of the surrounding neighbours properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

• C 3. Within 3 months of the date of this approval, the flue, hereby approved, shall be painted in a matt black finish, as stated on the drawing 'Elevation Plans (Flue)' Date-stamped as having been received 04 September 2018.

Reason: To ensure that the works are carried out in a timely manner in the interests of reducing the overall visual appearance of the flue in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information: This planning permission relates to the following plans and documents: -

Existing and Proposed Elevations and Roof Plan of Shed Date-stamped as having been received 02 March 2018

Site Location Plan Block Plan Elevation Plans (Flue) Existing and Proposed Front Boundary Wall Plan Existing and Proposed Balcony Plan Date-stamped as having been received 04 September 2018

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following neighbours 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):

Mr Chris Tovell of No.15 Cronk Liauyr, Douglas, Isle of Man, IM2 5LP Mrs U A Banks of No.1 Tromode Close, Douglas, Isle of Man, IM2 5PE

Both objectors own or occupy a property that is within 20m of the application site and have made written representations. The development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; however they have sufficiently explained how the development would impact the lawful use of land owned or occupied by them, in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status July 2018). _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site is a dwellinghouse in a residential area close to Tromode. The estate is accessed off of Tromode Road and this property is the first dwellings on this row. - 1.2 The existing dwelling has a small balcony on the side of the property, above the converted garage and the patio doors. THE PROPOSAL

2.1 The proposal is for the retrospective approval of the erection of a flue to serve a log burner; the proposed extending of the existing balcony on the west elevation around onto the existing flat roofed garage to the south west, including new balustrades; and alteration of the front garden and boundary wall, including the installation of gates and pillars. A shed has also been added to the eastern side elevation. PLANNING POLICY - 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.3 as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -

• (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;

3.2 Within chapter 8 of the Strategic Plan, paragraph 8.12.1, in relation to extensions to Dwellings in built up areas or sites designated for residential use, it states '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'. - 3.3 Environment Policy 22 states: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution.

PLANNING HISTORY

4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. REPRESENTATIONS - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division requested that the application be defer whilst they are awaiting further information, in the comments dated 05 April 2018. The comments continue: -

'The proposals need to be shown on a suitably scaled site plan to enable Highway Services to properly assess the development, as without this it cannot be determined whether or not the proposals would have any adverse impact on the vehicular access and parking arrangements on the site'.

5.2 Douglas Borough Council have commented on this application and stated that they do not object, in the letter dated 29 March 2018. - 5.3 There have been two objections from neighbouring properties; the main planning points raised are as follows: -

• o Inefficiency of the flue causes smoke and odours to surrounding properties;
• o Flue is unattractive;
• o Balcony will be overbearing and will cause overlooking to the surrounding dwellings and gardens.

ASSESSMENT

6.1 The originally submitted plans included the proposed extending of the existing balcony on the west elevation around onto the existing flat roofed garage to the south west, including new glass balustrades. Following discussions with the applicant, the extent of the balcony was reduced to only include the existing balcony area and a small section of roof above the existing front door; the area above the garage will not form part of the balcony. Character and appearance

6.2 The proposal includes the retrospective approval of the erection of a flue to serve a log burner. The flue has a shiny, bare metal finish and is located on the rear of the dwelling; however it is visible from Tromode Road, between the properties to the west. The applicant has agreed to paint the flue a matt black finish to mute the overall visual appearance. - 6.3 The proposed alterations of the front garden and boundary wall, including the proposed gates and pillars, are considered to be generally in keeping with the domestic setting of the

• estate and are unlikely to have any significant impact. The proposed glass balustrading will have a minimal visual appearance.
• 6.4 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. Impact on neighbours
• 6.5 Following the removal of the balcony area above the garage, the potential harmful impacts to the neighbouring properties have been significantly reduced; the previous design would have brought the edge of the balcony to within 2m of the rear boundaries of two neighbouring properties and within 15m of the rear elevations of three of the adjacent dwellings. This would have had an overbearing impact as well as causing a significant loss of privacy.
• 6.6 The amended proposal would not result in a significant adverse impact upon the living conditions of neighbouring residents over that of the existing balcony area, subject to a condition prohibiting the use of the roof area above the garage as any kind of usable external space.
• 6.7 Although the potential impact to neighbours from odours and smoke are considerations under General Policy 2 and Environment Policy 22, the flue discharges above the eaves height of the existing property and is located over 15m away from the adjacent neighbouring properties; with correct usage and by burning the correct fuel, the impacts shouldn't be any greater than if the existing chimney were to be used. Improper usage and burning harmful waste would be an Environmental Health issue and any nuisance or anti-social behaviour can be dealt with through the appropriate legislation. Parking and highway safety
• 6.8 The applicant has provided additional drawings to indicate the locations of the gates and the opening into the site. It was also observed on-site that the property has a significant existing driveway, which would provide sufficient on-site parking.

CONCLUSION

7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with General Policy 2. INTERESTED PERSON STATUS - 8.1 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. 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 in Article 6(4) 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 : Permitted Date: 19.09.2018 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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