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Application No.: 17/00148/B Applicant: Mr Richard Liam Batty & Mrs Stacey Clare Louise Meakin Proposal: Erection of single storey extension and creation of dormer window Site Address: 13 Raad Ny Gabbil Castletown Isle Of Man IM9 1HH Case Officer : Miss S E Corlett Photo Taken: 28.02.2017 Site Visit: 28.02.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing detached dwelling situated at the end of the cul de sac of Raad ny Gabbil which accommodates a mix of houses - dormer bungalows, true bungalows, some facing the road, some, like the application property, with the gable to the road. - 1.2 The dwelling is set back from the estate road by more than the property to the south, resulting in the side elevation of the application property facing the rear garden of number 14 rather than the side of that property. - 1.3 Vehicular access to the property is to the north of the frontage with a single vehicle width driveway comfortably accommodating two vehicles one behind the other. - 1.4 The property to the north is a bungalow with single storey flat roofed garage to the side facing the application property. A leylandii hedge runs between the two properties. The property to the south is also a bungalow without attic accommodation. This has a single storey conservatory on the rear elevation. Some planting - a hedge and small deciduous tree - runs down the mutual boundary with the application property but the hedge is within the neighbour's curtilage and therefore under their control. - 1.5 Numbers 16 and 18 have flat roofed dormers in their front pitches. No other properties have dormers in the front or sides although many have first floor windows in the gables. THE PROPOSAL
2.1 Proposed are alterations to the dwelling. An existing porch is to be replaced with a slightly larger utility room in the same location: the existing porch is 1.8m by 2.5m and 2m to the eaves, 2.4m to the apex. The utility room is to be 1.8m by 2.9m and 2.6m to the eaves, 3.1 to the ridge. - 2.2 Also proposed is the installation of a pitched roof dormer above and to one side of the new utility room. This will be 2.5m wide with a rendered front 2.1m to the fascia and 3m to the ridge. The sides will be white spa dash rendered and no details are provided as to the finish of the dormer roof. This dormer will accommodate a 1m high window in the front, with a fixed light below a top third opening casement. This window has an internal cill height of 800mm and a top height of 1.9m. This window is to be fitted with obscured glass and serves a new bathroom between two existing bedrooms in the roofspace. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South as Residential. As such, the following provisions of the Strategic Plan are applicable:
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:
4.1 No planning applications have been submitted for this site in recent times.
4.2 There are other applications which are worth considering in the assessment of this proposal. 16, Reayrt Lhean sits to the east of the application site, not directly behind it but behind 12, Raad ny Gabbil (05/00879/B). This property had approval for the insertion of a gable window which was shown in the drawings to have obscured glass but which was installed as clear glass. A planning application was required to retain the window as installed and this was refused by the Department for reasons relating to the privacy of those in number 12, Raad ny Gabbil, the owners of which objected to the proposal. The application was approved on appeal, the inspector concluding that whilst it is perfectly correct that someone standing in the bathroom can overlook the rear of number 12, this is a residential estate where there will inevitably be some degree of intervisibility between the rear of houses. He noted that the properties were slightly angled to each other and were over 20m apart from each other and particularly importantly in the current case, that "the window is a bathroom window and therefore not in a room which can be expected to be in frequent use or use for substantial periods of time". - 4.3 Other more recent applications for dormers have been determined with similar reductions in concern for overlooking or diminution of privacy. A large flat roofed dormer was approved on a side elevation of a property in Cronk Drine where this would overlook the side and rear garden of an adjacent, lower property, prompting concerns to be raised by that resident (16/00529/B). Despite the planning officer recommending refusal the application was approved at appeal, the inspector concluding that whilst overlooking from one of the three windows serving a bedroom, would be possible this would be at an oblique angle and the window it would look towards a window which had an outlook towards a wall and was not the principal or only window serving that sitting room. Similarly in the case of 16/00514/B for the installation of a flat roofed dormer on the rear of 1, Tromode Cottages, which promoted no objections from local residents but which was refused by the planning officer, was considered acceptable by the inspector on the basis that the rear neighbour's garden was already overlooked by existing windows and that the two properties are over 20m apart and the dormer would not bring the properties any closer. No reference was made to the overlooking of the rear garden of the property behind. Finally, in the case of 16/000194/B where a rear flat roofed dormer with three windows was refused on 49, Ormly Road on the basis of overlooking of the property to the rear, supported at appeal by the owners of that property and whilst the inspector considered that the effect of the dormer would be overbearing and a significant loss of privacy, the Minister did not agree, considering that as the dormer in the existing neighbouring property was fitted with obscured glazing there would be no adverse impact. Again, no reference is made to the impact of overlooking the neighbouring rear garden.
REPRESENTATIONS
5.1 The owners of the property alongside, 14, Raad ny Gabbil, object to the application, considering that the extensions, the side annex in particular will increase the hemmed in feeling from within their rear garden, conservatory and rear bedroom. If the dormer is approved they request that a condition is imposed, requiring the window to be fitted with obscured glazing (28.02.17).
5.2 Highway Services indicate that they have no highway interest in the application (10.03.17).
6.2 The rebuilding of the existing glazed porch will result in a structure which is higher than the existing and therefore visible above the existing hedge from the rear bedroom, garden and conservatory of number 14. However, there are no windows in this and as the hedge is within the ownership of the parties concerned, this could be left to grow higher to obscure it as is the existing porch. Whilst the rear rooms and the rear garden will be slightly more enclosed as a result of being able to see the side annex which is closer to the boundary than the main dwelling, it is not considered sufficient to refuse the application on this basis.
6.3 The dormer has much more potential to create an uncomfortable environment for the occupants of number 14 although this was of less concern to them than the extension. It could be considered that having a window, even if it is fitted with obscured glazing, so close and much higher than the conservatory, rear bedroom and rear garden, will introduce a feeling of being overlooked which is not currently present. However, considering the other examples of dormers given above where concerns about such impacts were not shared with those responsible for the final decision, it is not considered in this case that the impact will be sufficient to warrant refusal. This is particularly as the window is serving a bathroom, will be fitted with obscured glazing most of which will not be capable of being opened and in the words of the inspector considering 05/00879/B, "the window is a bathroom window and therefore not in a room which can be expected to be in frequent use or use for substantial periods of time". - 6.4 It is also relevant that up to three rooflights each up to 1m by 1m could be installed in a similar position to the proposed dormer without planning approval under the terms of the Permitted Development Order which could bring about feelings of being overlooked if not actual overlooking. - 6.5 Whilst extensions and dormers on the other side of the property would have much less impact, the internal layout of the property lends itself much more easily to being extended on the side of number 14 and it is understandable why the application is proposed as it is. - 6.6 For the above reasons, the proposal is considered not to have an impact which would warrant refusal of the application and as such is recommended for approval.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
the owners of 14, Raad ny Gabbil
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: 14.03.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This decision relates to drawings 1382.1, 1382.2 and the location plan all received on 9th February, 2017.
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: 20.03.2017 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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