Officer Report

Application No.: 18/00866/B Applicant: Mr Christopher Arrowsmith Proposal: Installation of timber raised balcony deck Site Address: Minorca Chapel Minorca Hill Laxey Isle Of Man IM4 7DP Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.10.2018 _________________________________________________________________

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.

Plans/Drawings/Information;

D - This permission relates to the following plans and drawings, date stamped as received on 15th August 2018:

• o 18 1277 1 - Site & Location Plans
• o 18 1277 2 - Survey Drawing
• o 18 1277 3 - Proposal Drawing
• o 18 1277 P - Photos _______________________________________________________________

Interested Person Status – Additional Persons

NONE _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The proposal site is the residential curtilage of Minorca Hill Chapel, Minorca Hill, Laxey. The Area is characterised as a mainly low-density residential area, with some contemporary housing to the east of the site boundary. The site slopes downwards towards the south.

1.2 The site is a converted former church building which has been transformed into a residential dwelling featuring a split level layout. The rear of the dwelling features a timber staircase from the ground floor down to the lower ground floor (this was approved under PA 14/00573/B). It is located close to Minorca Hill, and mostly surrounded by trees and tall hedging. The finish is a mix of stone and painted stone render, with rosewood framed uPVC windows and a timber fire escape stairway leading from the patio doors at the rear

2.0 PROPOSAL - 2.1 The proposal is for the installation of a new timber raised balcony deck to connect to the existing timber fire escape stair at the rear of Minorca Hill Chapel. The balcony would cover an additional floor space of 17m2, and would sit slightly lower than the level of the top of the existing stair.

3.0 PLANNING HISTORY - 3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application: - 3.2 PA 93/01570/B Internal alterations and provision of new window - approved. - 3.3 PA 02/01886/B Installation of replacement hardwood windows, installation of French doors and creation of new window to east elevation - approved. - 3.4 PA 07/01229/B External alterations to dwelling - approved. - 3.5 PA 14/00573/B - Erection of an external fire escape staircase and installation of roof lights to dwelling - approved.

4.0 PLANNING POLICY - 4.1 The application site is within an area zoned as "Predominantly Residential" identified in The Laxey and Lonan Area Plan Order 2005. - 4.2 Given the nature and location of the proposed development, it is important to consider General Policy 2 of the Isle of Man Strategic Plan 2016, which states that; "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."

5.0 REPRESENTATIONS - 5.1 Garff Commissioners have no objection to the application but requested that the impact on the privacy of neighbours be considered in the assessment of the application. (13th September 2018). - 5.2 Highway Services have no highways interest in the application (17th September 2018).

6.0 ASSESSMENT - 6.1 The key considerations in determining this application are:

• o The character and appearance of the site and surroundings
• o The impact on neighbours

6.2 The character and appearance of the site and surroundings

• 6.2.1 The dwelling on the site retains many of the traditional architectural features of the chapel and its appearance is integral and complimentary to the immediate area. Any exterior modifications must therefore be carefully assessed against the aforementioned criteria in GP2, to ensure that the character and appearance of both the building and the area are preserved.
• 6.2.2 The proposed balcony would follow the basic form and design of the existing fire escape stair to the rear of the building, although its construction would cover a significantly larger area (7.75m long and 2.1m wide). The stained timber design is sympathetic to the age of the building and the presence of trees around the site boundary. It would be accessible from existing patio doors to the south of the rear elevation, which would be partially obscured by the deck.
• 6.2.3 In this regard, the proposal would not be highly visible from the road and impact on the surrounding area would be minimal if any. The balcony would be low enough on the elevation so as not to appear 'top-heavy' or out of place.

6.3 The impact on neighbours

• 6.3.1 Such a proposal would often give cause for concern with regard to overlooking and loss of privacy regarding neighbour amenity. Generally, a space of 20 metres is required to limit this. This proposal is situated over 25 metres from the nearest dwelling to the rear, though which layers of mature hedging and trees are located. This screening is likely to remain in some form in the long term, reducing any impact on overlooking into the rear of Hillcrest. Where any overlooking is likely to occur would be from the rear of 5 Lower Cronk Orry. Some increase in overlooking is possible, but minimal considering that no.5 sits higher the boundary area between the two properties. The distance is again sufficient so as to reduce this impact somewhat.
• 6.3.2 Additionally, the proposed decking would sit lower than the current stair and patio doors, any overlooking is unlikely to be highly exacerbated from the current situation.

7.0 CONCLUSION - 7.1 On balance, the proposal is regarded to comply with General Policy 2 of the Isle of Man Strategic Plan 2016 and the Laxey and Lonan Local Plan 2005 and is therefore recommended for approval.

8.0 INTERESTED PERSONS 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 Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 12.10.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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