DEC Officer Report

Application No.: 19/00582/B Applicant: Mrs Philippa & Mr Robert Sutterby Proposal: Alterations, erection of rear ground floor extension and first floor extension over garage Site Address: 58 Magherchirrym Port Erin Isle of Man IM9 6DB Planning Officer: Mr Paul Visigah Photo Taken: 19.06.2019 Site Visit: 19.06.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.07.2019 _________________________________________________________________

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.

• C 2. The development hereby approved shall be built in accordance with the approved plans (1439-2) and all external facing materials to be used shall match those of the existing building in respect of type, colour and texture.

Reason: To control development in the interests of the amenities of the neighbouring property and in the interests of the character and appearance of the site and surrounding area.

• C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no new windows shall be erected on the side elevation of the first floor above the garage hereby approved, other than that expressly approved by this approval.

Reason: To control development in the interests of the amenities of the neighbouring property and in the interests of the character and appearance of the site and surrounding area

Plans/Drawings/Information:

This approval relates to the Location plan, drawing numbers 1493-1, 1493-2 date stamped and received 20 May 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site is the curtilage of 58 Magherchirrym which is a two storey semidetached property situated to the north-eastern side of Port Erin; along a road which forms a residential cul-de sac. The property is a modern two storey dwelling with single garage adjoining the right of the front elevation of the dwelling. - 1.2 To the rear of the property is a conservatory which is 5.2m x 2.6m and covers an area of 13.52 sq.m. This conservatory is concealed by a rear fence about 1.8m high, which forms a boundary with an obscured public parking area serving the neighbouring properties at the rear of the dwelling. THE PROPOSAL

2.1 The application seeks approval for alterations, erection of rear ground floor extension and first floor extension over garage. - 2.2 The extension above the garage would be set back from the front elevation by 900mm and the roof level will be 300mm lower than the main roof level. The extension would be finished in painted render to match the existing dwelling. The roof would be hipped trussed roof over to minimise boundary impact. The window which will only be placed at the front and rear of the extension will be upvc windows with wood grain effect. - 2.3 At the rear, the conservatory will be removed and replaced with a family room with walls made of rendered masonry painted to match the existing dwelling. This extension will be 3m by 6.2m and occupy an area only slightly larger than the foot print for the existing conservatory. This family room will have a rear window 3.6m x 1.4m and double patio doors on the side 1.5m wide. The new roof will be trussed pitched roof extending from the rear of the building; a deviation from the existing lean to roof. This ground floor extension will be finished to match the existing building in material and style.

PLANNING POLICIES

4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Area Plan for the South (Map 7) 2013. Given the nature of the application it is appropriate to consider General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan (20th June 2007).

4.2 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:

• 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;

• n) Is designed having due regard to best practice in reducing energy consumption.

4.3 Paragraph 8.12.1 states: "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 Another policy relevant to the application is contained in sections 4.4 of the RDG 2019.

• 4.4.1 Section 4.4: Extension to Side Elevation

• 4.4.1 This type of extension is a common extension throughout the Island as many properties are built with an attached garage which can physically accommodate being built above. Generally, the main issues relate to the potential visual appearance of the extension within the street scene and of the individual dwelling as well as the impact on the amenities of those in neighbouring property (see Chapter 7).
• 4.4.2 It is key that any side extension respects the proportion, design and form of the existing dwelling and that it appears as a subordinate to the main dwelling. A side extension should generally not project in front of the existing building or have flat roofs, a pitched roof will normally be essential to any side extension. The roof of the proposed extension should match the original in terms of pitch and shape. The ridge line should either follow or, often preferably, be lower than the original dwelling.
• 4.4.3 Whether the side extension is single or two storeys, the height and width of these side extensions should be proportionate to the size of the main dwelling. The width should be significantly less than the width of the main dwelling. The ridge height of single storey side extensions should normally be below the eaves level of a two-storey house to give clear definition between singlestorey and two-storey elements.
• 4.4.4 Generally, where the property stands in a line of detached/semi-detached dwellings and the extension would fill in the gap; there is a risk that the extension will create a terraced appearance This is not always in the interests of maintaining the character of the street, individual house, and in the interests of visual amenity, should be avoided.
• 4.4.5 One way of maintaining a visual break would be to set back the extension behind the front of the dwelling by a metre to create a clear break. In some circumstances only the first floor would be required to be set back by 1 metre, although this will be determined on a case by case basis. However, it is still advisable that the ground floor should be set back behind the front elevation, even if only by 0.3m to create a "shadow" which avoids the unsightly joining of old with new finishes, whilst also providing a distinction, albeit modest, of the extension from the main house.
• 4.4.6 A second way of maintaining a visual break would be by leaving a gap of at least 1 metre between the side of the extension and the boundary of the property. However, a slight setback should still be retained, potentially at first floor level at least. Again, this design helps avoiding the "terracing effect". In any case, where space permits the Department would encourage applicants to retain a pedestrian passageway, between the side extension and common boundary. This will also enable access for maintenance purposes, filling of oil tanks, allow transportation of refuse and garden waste, without passing through Habitable Rooms and give the dwelling a setting within its own plot. PLANNING HISTORY

4.1 The following previous applications are considered relevant in the consideration of the application:

• 1. Construction of conservatory, utility room & W/C, 58 Magherchirrym, (Ponyfield Development), Port Erin. 91/00254/B - PERMITTED
• 2. Construction of a single storey kitchen extension, enlargement of garage and replacement conservatory. 03/00527/B - PERMITTED
• 3. First floor extension. 03/00527/PART - REFUSED ON REVIEW Refusal Condition in 2003:

The proximity of the two storey part of the extension with the boundaries of Number 56 and 57 Magherchirrym, would render the new structure dominating and unneighbourly in respect of these neighbouring properties and would give the impression therefrom, of over-development of this plot.

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

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there are no objections in the letter dated 20 June 2019.

5.2 DEFA's Arboricultural Officer has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.3 Port Erin Commissioners have stated that they support the application in a letter dated 21 June 2019.

ASSESSMENT 6.1 In considering alterations and extensions such as this in a residential area, it is important to have specific regard to potential impacts on neighbours and their amenity, and the appearance of both the site itself and the street scene or character of the area. Additionally, the use of the extension must be considered.

6.2 Appearance of the Site and Street Scene

• 6.2.1 The proposals would result in a reasonably significant increase in development on the site, resulting in a noticeably larger dwelling.

• 6.2.2 The main form of the dwelling would however be retained, as would the existing wall, roof and window finishes and designs. The rear extension would not be visible from Magherchirrym, save a partial view of the new roof from the obscured shared parking area at the rear of the dwelling, thus negating any impact. The first floor side extension would appear as a continuation of the existing dwelling and not so large as to result in an out of balance appearance.
• 6.2.3 The proposed extension in terms of size, form, proportion, siting and finishing would be in keeping with the existing property and it being stepped back and stepped down ensures it would be as a subordinate addition. It is noted that the render and finishes on the property matches the building and conforms to the appearance of the neighbouring properties on this row of houses within Magherchirrym.
• 6.2.4 It is also vital to note that a similar development has been carried out at No. 122 Magherchirrym, at a position even more conspicuous than the proposed location. Moreover, the proposed development is smaller in scale than that done at 122 Magherchirrym and is at a location that is partly concealed from public views when compared to the similar approved development. 6.3 Impacts on Neighbours

• 6.3.1 When considering potential impact on the residential amenity of neighbours, general concerns of overlooking, shadowing and overbearing are assessed.
• 6.3.2 Firstly, overlooking risk is assessed by applying the '20 metre rule'. If a neighbours habitable room (living, dining, bedroom etc.) or garden area is within 20 metres of a proposed window opening there may be a risk of overlooking and subsequent loss of privacy. When this rule is applied, there is no overlooking. This is hinged on the fact that the windows on the added floor are in front and behind; having no views of the abutting properties at Numbers 56 and 57. The distance to the closes property at the rear, across the shared parking area, No. 65

is well over 20m away at the closest elevation. This is similar for the property in front at No. 42. For these reasons, overlooking risk is not regarded as sufficient insomuch as to warrant a reason for refusal.

6.33 The level of shadowing can be estimated by the following; a simple check can be undertaken by drawing a section in a plane perpendicular to the main face of the building affected. If the potential obstructing extension subtends an angle to the horizontal, at a height 2 metres from ground level, less than 25° then there will still be the potential for good daylight to the interior. If this rule is applied, it is not considered that there would be a detrimental loss of light to any neighbouring properties from either the extensions or the proposed first floor extension over the existing attached garage.

• 6.3.4 The massing and scale of the proposals would not result in an overbearing structure as the height and form of the main dwelling would be preserved and merely extended further to the north east above the existing garage and the rear of the dwelling respectively. Moreover, the proposed garage would not be any closer to the boundary with Nos. 56 and 57 than it already is. As well, its height, pitched roof and position in relation to the dwelling on that site would limit any impact. It is, however, worth noting that in 2003, the application for similar works proposed enlargement of the existing garage closer to the boundary with Nos. 56 and 57 and first floor extension above the extended garage, in addition to setting the roof of the extension at the same level with the main roof which created a contiguous roof flow (the current application has avoided those conflicts). RECOMMENDATION
• 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 09.07.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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