Officer Report

Application No.: 18/00317/B Applicant: Carrie Ann O'Hara Proposal: Erection of raised decking area to rear of property (retrospective) Site Address: 7 Close Y Locker Union Mills Isle of Man IM4 4LX Planning Officer: Miss Lucy Kinrade Photo Taken: 25.07.2018 Site Visit: 25.07.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.07.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

None

Plans/Drawings/Information:

This approval relates to site location plans x 2, decking plans x 2 and site photographs x 3 all date stamped and received 23/03/2018. _______________________________________________________________ Interested Person Status – Additional Persons NONE _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 7 Close-Y-Locker an existing two storey semidetached property located at the end of a small cul-de-sac within a small residential estate located on the northern side of the main road running through Union Mills. - 1.2 The existing property and its adjoining neighbour are set back from the highway with off road parking provided at the front. The typography of the area results in the internal ground floor of each property being at a level higher than the external ground level of the rear garden.

1.3 At the rear of No.7 there is an existing set of patio doors which were access via a set of steps. Recently the applicant has erected an area of raise decking in front of the patio doors at a level matching with the internal ground floor of the house. This decking has stepped access down into the rear garden. - 1.4 The decking is 3m x 3.5m and is 600mm above ground level. The base of the deck is masonry built and installed with timber above. The decking is installed with individual posts and rope to provide a means of enclosure and hand rails.

2.0 THE PROPOSAL - 2.1 The application seeks retrospective approval for creation and installation of the raised deck area.

3.0 PLANNING HISTORY - 3.1 There are no previous planning application considered relevant in the assessment and determination of this application.

4.0 PLANNING POLICY - 4.1 Local Area Plan - Braddan Local Plan 1991: land-use designation - 'Predominantly Residential'. - 4.2 The following policies are particularly relevant to this proposal:- Isle of Man Strategic Plan 2016 General Policy 2 (GP2) - Development in accordance to land-use zone

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. Braddan Parish Commissioners

• o No Objection (dated 20/04/2018) Department of Infrastructure (DOI) Highways Division
• o NHI - No highways interest (dated 02/05/2018) Neighbours' views
• o The application was discussed with the owner of adjoining property 8 Close-Y-Locker during a site visit on 25/07/2018. During the conversation the owner of No. 8 confirmed that she was aware of the applicant and had no concerns or issues with the raised decking. During the same conversation the owner of No. 8 explained that the installation of patio doors/decking was something which they wanted to do. Separate advice was provided with regards to the Permitted Development Order and the installation of patio doors and the erection of decking, and it was reminded that any decking over 300mm would require a planning application. It was also advised that if any concerns did arise with the application that Interested Person Status would not be given unless formal written comments were submitted.

- 6.0 ASSESSMENT

6.1 In close knit residential estates such as this there is often a general level of overlooking recognised and accepted, although should not be sought to be made worse through inappropriate or unacceptable development. In the specific case of this application No. 7 and No.8 are bound from each other by a 1m high fence which means that views are easily achieved into each other's properties when standing in the rear gardens.

6.2 The neighbour has not objected to the application and has raised no concerns with the deck structure. While it is likely that views into No.8 are to be easily achieved at present and over the existing 1m high fence, it is not expected that these will be to a degree so far beyond the existing overlooking arrangement to warrant a refusal. In this specific case and minded that a 2m high fence could be installed under the PDO by either home owner without the need for a planning application it is felt that the proposal is within the bounds of acceptability and recommended for approval.

- 7.0 CONCLUSION

7.1 The proposal is considered acceptable and complaint with the Isle of Man Strategic Plan 2016. - 8.0 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 the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.08.2018 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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