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Application No.: 17/00353/B Applicant: John Leslie Foster & Agnes Jozsa Proposal: Construction of first floor extension over existing garage with associated internal alterations, and erection of 1.2m high timber boundary fence to side of dwelling Site Address: 1 The Church View Braddan Douglas Isle of Man IM4 4TF Case Officer : Miss Lucy Kinrade Photo Taken: 15.06.2017 Site Visit: 15.06.2017 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 1 The Church View, Braddan which is 1 of 11 large detached dwellings that make us the small cul-de-sac of The Church View. Number 1 is located at the entrance of the cul-de-sac just off the A23 Braddan Road and south of the roundabout junction with the Ballafletcher Road. - 1.2 The existing property is bound from the Braddan Road by a low level stone built wall and dense vegetation, the existing garden wrapping around the south side of the property to the front elevation is predominantly open lawn with a small young hedge has been planted following the contour of the curtilage although set back from the edge of the highway approx. 0.5m. On the corner of the property where the side and rear elevations meet on the southern side there is an existing approx. 1.8m high hit and miss timber fence running between the house and the boundary with Braddan Road. - 1.3 The existing property is a large two storey painted rendered property with a ridge height of 8.5m. on the left hand side of the front elevation is an existing single storey double garage approx.
1.4 The property sits at a level much higher than the cul-de-sac road and consequently much higher than the houses opposite which follow the topography of the land which slopes down from Braddan Road in a westerly direction.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of an extension above the existing garage to provide additional living accommodation to the first floor of the main dwellinghouse. The proposal will include the raising of the pitched roof ridge from 4.8m to 8m and the eaves from 2.6m to 5.5m. The new extension will include two new windows on the front elevation above the existing garage door and two new windows on the rear elevation. No windows are proposed on the side elevation facing 3 The Church View.
2.2 The proposal also includes the increase in height of the masonry link to allow access into the extension at first floor level. A new window is also proposed here on both the front and rear elevations. - 2.3 In addition to extension the application also seeks approval for the erection of a new 1.2m high hit and miss timber fence along the south east corner of the site bounding the extent of the residential curtilage from the main estate road. The fence is to sit nearer to the boundary than the existing hedge.
2.6 All windows are proposed to match with the style and finish of the existing windows on the property. - 2.7 The proposal would not affect the parking available on the site.
3.0 PLANNING HISTORY - 3.1 The application site has been subject to one previous application for the erection of a greenhouse/conservatory which was approved under PA 00/02424/B, prior to that the site has been subject to a number of applications relating to the development of the whole residential estate although none of which are considered materially relevant in the assessment of the current application.
4.0 THE DEVELOPMENT PLAN - 4.1 The site falls within an area zoned as Predominantly Residential on the Braddan Local Plan
4.2 General Policy 2:
"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:
"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."
4.4 In addition to the above policies we may also considered the Town and Country Planning (Permitted Development) Order 2012 which allows for a certain level of development within the residential curtilage of a dwelling house.
"Class 16 Fences, walls and gates states (in part) The erection or alteration of fences, walls or gates within, or on the boundary of, the curtilage of a dwellinghouse.
Conditions:
5.0 REPRESENTATIONS - 5.1 Highway Services of the Department of Infrastructure stated that there was no highways interest in the current application 27/04/2017. - 5.2 Braddan Parish Commissioners offered no objection to the application on 11/04/2017 - 5.3 Manx Utilities commented on the application on 26/04/2017 stating their objection to the erection of the proposed fence within close proximity of a low voltage underground cable. Whilst this is a concern this is not in this instance considered a material planning matter given that there are levels of development that can be carried out without the need for a planning application. A note regarding the above matter could be added to the application advising the applicant to speak with the MUA prior to the commencing of the works.
6.0 ASSESSMENT - 6.1 The main issues to consider in this assessment of this case are the impacts of the proposed extension on the character and appearance of the existing house, the impact of the proposal on the amenities of the neighbours and the impact of the proposed fence on the character and appearance of the residential cul-de-sac and the entrance into The Church View. Impact of the Extension - 6.2 Ultimately the erection of an extension to an existing property is generally supported by Paragraph 8.12.1 of the Strategic Plan as long as it meets the needs of General Policy 2 and is not considered to impact the amenities of the neighbours and respects the site and ist surroundings. Ultimately the extension is an infill of an area above an existing single storey garage and the two storey house, the extension in terms of its size, design and appearance matches with the character and appearance of the existing house and does not create an over development to the site that would result in an unbalanced appearance of the property within its surroundings and the general streetscene of The Church View. - 6.3 The proposed fenestration on both the front and rear elevations of the extension will have no adverse impact on the privacy and amenities of the neighbours above what is already in existence and that given the nature of the estate on the slope of a hill there is an expected element of overlooking between each of the properties. The omission of fenestration on the side elevation of the first floor nearest 3 The Church View similarly protects the privacy of both properties. - 6.4 Given that the proposed raising of the existing garage and the associated link will still remain at a level lower than the ridge height of the existing property will helps to ensure that the proposal remains visually outranked by the dominating size of the main house. - 6.5 The proposed extension is considered acceptable and to comply with the relevant parts of General Policy 2. Impact of the Fence
6.6 The character of the residential estate here is predominantly open lawn fronted gardens or open fronted hand standing driveways that connect directly to the main cul-de-sac road. In some cases the properties are characterised by a combination of both. Since the development of the culde-sac a number of properties have planted hedging along their boundaries denoting the extent of their residential curtilage or to offer an element of privacy screening and soft landscaping. - 6.7 The existing property has an existing low level and immature hedge planted along the south east boundary of the residential curtilage, adjacent to the application site is neighbouring property 2 The Church View who's garden also forms part of the entrance into the estate on the opposite side of the road. Number 2 has an existing mature low level hedge running the extents of the curtilage with the main cul-de-sac road and joining the Braddan Road. Beyond this a taller timber fence enclosing their rear garden from the highways and providing additional privacy. - 6.8 The need for the fence was explained by the agent to allow for an increased size of the rear garden whilst retaining its enclosure to allow for suitable protection and safety of the owners young children when out playing. - 6.9 Ultimately the proposed fence detailed within this application will be visible from the edge of the highway within the cul-de-sac and also to members of the passing public on the Braddan Road particularly those travelling in a northerly direction. - 6.10 However we must be minded that the applicant could erect a fence 1m high in the same location and to the same hit and miss style without the need for a planning application in accordance to the Permitted Development Order (PDO). Essentially what is important to consider here is whether or not the erection of a 1.2m fence would have a significant impact on the character of the area above the ability to erect a 1m fence to warrant a concern or a refusal. - 6.11 It is considered that the additional increase of 200mm to the fence above the 1m limit of the PDO is not significant enough to generate an adverse impact on the character and appearance of the residential area and streetscene and that the style of the fence is relative to the residential appearance of the cul-de-sac. CONCLUSION - 6.12 Overall it is concluded that the design of the proposed extension is well-considered and appropriately subordinate to the main dwelling. It complies with the relevant parts of General Policy
7.1 For the reasons stated above the application is recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 20.06.2017 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.
N 1. The applicant is advised to contact the Manx Utilities Authority prior to the carrying out of the development works to ensure correct working practices within close proximity of the low voltage underground cable in the area.
This approval relates to drawing numbers 891-001 and 891-002, and associated photographs all date stamped and received 28th March 2017. The approval also relates to the email dated 15th June 2017 detailing the hit and miss design of the proposed 1.2m fence.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 29.06.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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