Planning Officer Report

Planning Officer Report And Recommendations {{table:327102}}

Officer's Report

The Application Site

1. The application site comprises the residential curtilage of 41 Douglas Street, a single storey bungalow set back from Douglas Street in its own boundary, Peel. The site sits on the north eastern side of Douglas Street west of Athol Street.

1. Douglas Street is a very narrow terrace consisting of predominately two storey traditional dwellings. Moving further up Douglas Street past the West View junction the dwellings are traditional three storey properties. There is a mix of top hung and casement windows on the properties with the majority being PVC.

1. The site is bounded by a brick wall to the front and rear of the dwelling and a wooden fence to the north west of the curtilage adjoin the residential curtilage of No. 39 Douglas Street.

The Proposal

1. The proposal comprises the erection of a conservatory measuring 7190 x 2925mm to the rear of the existing dwelling. The proposed conservatory is to be finished in a smooth render to match the existing.

1. Another element of the proposal is the replacement of a new front new with side lights and the replacement of windows like-for-like in UPVC to the whole of the dwelling.

Planning History

1. The application site has not been the subject of any previous planning applications which are considered specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of local plan policy, the application site is within an area recognised as being mixed use under the Peel Local Plan 1989 (Planning Circular 6/89) within Peel Conservation Area. There are two policies in the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application:

Policy 5.2 states: "The refurbishment and amalgamation of properties within the town will be encouraged"

Policy 5.4 states: "A policy of refurbishment and amalgamation of existing properties in the conservation area will apply in order to ensure the retention of historic areas by the alternative use of buildings in these areas"

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 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 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;
• (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."

Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

1. Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. Part 6 Category b) Buildings in Conservation Areas states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows"

REPRESENTATIONS

1. Peel Town Commissioners have no objections to the planning application.

Assessment

1. The proposed conservatory will lead from the living room and the kitchen of the existing dwelling. The existing porch on the rear of the dwelling connected to the kitchen is proposed to be removed. The front of the dwelling has two fixed windows with top hung attached and one single top hung window. The north west elevation of the dwelling has two sing top opening windows. To the rear elevation (north east) are four fixed windows with top hung attached and the south east elevation comprises one single top hung window towards the top of the dwelling.

1. Given the position of the proposed conservatory at the rear of the dwelling it is judged that there would be a neutral impact on the amenities of local residents of Douglas Street and the private amenities of adjacent properties. The boundary to 39 Douglas Street which is directly north west adjacent to 41, is bounded by a wooden fence therefore the proposed conservatory is considered not to infringe onto their boundary or have an impact on the private amenity. No 41 Douglas Street is screened from 39 Douglas Street due to the boundary of trees of No 39 which are adjoining the wooden fence. 51 Douglas Street is south east of 41 and lies on the boundary of the driveway. No 51 Douglas Street has a small window on the north west facing elevation which looks over to 41 Douglas Street. It is deemed that given the size and siting of the proposed conservatory it will not harm the private amenity of No 51. ‘Close Beg’ is directly adjacent to the north east of 41 Douglas Street and bounded by a brick wall and a small number of trees, given the scale and size of the conservatory it is considered that the private amenity of ‘Close Beg’ will not be unduly harmed from the proposed development as No. 41 Douglas Street is significantly screened due to the height of the brick wall boundary. No’s 3 and 5 (west of 41 Douglas Street) Athol Street look directly over the application site but again given the size of the conservatory proposed there will be no impact on these adjacent properties.

1. As the conservatory is to the rear of the elevation it does not affect the visual street scene or the public amenities of Douglas Street as is not readily visible from the public thoroughfare. It is judged that the proposed conservatory would not be detrimental to the Conservation Area and is considered to preserve the character of the Conservation Area and accords to Environment Policy 35.

1. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals. As the proposed windows do replicate the method of opening as the originals on the existing dwelling, it is concluded that the planning application is in accordance with the provisions of Planning Circular 1/98 and does not warrant any grounds for refusal.

1. The proposed new front door will be finished in UPVC with a glazed upper panel and a solid insulated panel to the bottom with side lights. The existing has a single glass pane running down the middle and has a timber frame. It is considered the proposed door will not cause undue harm to the existing property or the character of the surrounding area.

1. Overall, it is considered that the proposal is in accordance with policies 5.2 and 5.3 of the Peel Local Plan 1989, General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 (Part 6 Category b).

1. The proposal is not considered to affect any other obvious material planning consideration.

Recommendation

1. It is recommended that the planning application be permitted.

Party Status

1. The local authority is, Peel Town Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.02.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the erection of a conservatory and installation of replacement windows and doors relates to drawing numbers 01 A, 02 A and 03 A date stamped 18th January 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 22/2/17

Determining officer (delete as appropriate)

Signed : Anthony Holmes Senior Planning Officer

Signed : Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer

Signed : Jennifer Chance Development Control Manager