DEC Officer Report

Application No.: 19/00297/B Applicant: Mr David & Mrs Roseleen Smith Proposal: Alterations and erection of a first floor extension to dwelling Site Address: Ard Aalin Pinfold Hill Laxey Isle Of Man IM4 7HW Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.04.2019 _________________________________________________________________

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.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped as received on 15th March 2019:

• o Location Plan
• o Block/Site Plan
• o Plans as existing 01/B
• o Plans as proposed S/6406/2 (A)

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject

matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Tregenna, Pinfold Lane, Laxey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Bun ry Skyn, Croit e Quill Road, Lonan as it is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The site is the residential curtilage of 'Ard Aalin', Pinfold Hill, Laxey. Pinfold Hill is characterised by detached single and two storey houses sited on a steep incline with views out over the coast. The style of properties in this area is architecturally varied. The houses along the side of Pinfold Hill, including the site, are accessible from the main road visa steps leading to the front of the building, and from the rear on Pinfold Lane. - 1.2 The site itself consists of a bungalow, halfway between Pinfold Hill and Pinfold Lane, with a garage above on Pinfold Lane - featuring similar render and slate roof finish as the main dwelling. - 1.3 The bungalow of Ard Aalin has a hipped roof, with uPVC windows, and hedging/shrubbery surrounding. There are two existing flat roof extensions on both the north and south side elevations which have been constructed in recent years. There is also a porch on the rear elevation.

2.0 PROPOSAL - 2.1 Proposed are a number of alterations and extension to the dwelling to provide a habitable first floor containing two bedrooms, a bathroom and a sitting room. The additional floor space would total 72m2. - 2.2 The extension would take the form of an increase in roof ridge height by 1.3m, with a change from a hipped roof style to gabled pitched roof, incorporating a first floor window at the south elevation. In addition, three pitched roof dormer windows of varying sizes are proposed for the rear which would feature swish planking to match the colour of the existing roof. - 2.3 A total of three pitched dormers are also proposed for the front elevation, a smaller single window dormer to the right (facing), a larger dormer with Juliet balcony to the left (facing) and a one aligned with the existing front elevation in the centre. The central part is proposed to feature a window/door installation running the length of the 2 floors for a landing area.

2.4 All additional walling will be finished in painted sand cement render to match the existing, and dark colour interlocking roof tiles. All proposed apertures would feature uPVC frames.

3.0 PLANNING HISTORY - 3.1 Planning Approval has been granted on this site in the past:

• o 10/00054/B - Alterations and erection of extensions to dwelling house. These extensions are featured on either end of the house as existing.
• o 06/01532/B - Erection of a replacement garage.

3.2 Additionally, the site was the subject of a recent planning application which was refused (18/01150/B). The proposal was similar to the current one although extended further to the east and featured an additional front dormer, as well as flat roofed dormers on the rear. The decision was upheld at appeal (AP18/0059) with the following reason for refusal given:

"Due to its height and its proximity to the boundary with 'Ballantrae' (the dwelling immediately to the north), the proposed extension would adversely affect the outlook from that neighbouring property and have an overbearing effect on its occupants. Furthermore, the propose first-floor window in the northern flank wall of the proposed extension would face the ground-floor fenestration in 'Ballantrae' across a gap of only about 7m with no intervening screening. This would potentially detract from the privacy of the occupants of 'Ballantrae' inside their home. Accordingly, the proposed development would be contrary to General Policy 2(g) of the Isle of Man Strategic Plan 2016."

4.0 PLANNING POLICY - 4.1 The Laxey and Lonan Local Plan 2005 designates the site as within an area zoned for Residential use. - 4.2 Due to the land use designation, General Policy 2 of the Isle of Man Strategic Plan 2016 applies (in part). "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; (e) does not affect adversely public views of the sea;

• (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."

4.3 It is also important to have regard to Paragraph 8.12.1 of the Strategic Plan: "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."

5.0 REPRESENTATIONS - 5.1 Garff Commissioners have no objections to the application (06.04.19).

5.2 The owner/occupier of Bun ry Skyn, Croit e Quill Road has made the following objection:

"The increased height of the property would seem to be out of keeping with existing buildings in the area. Also vehicular access to this property is from Pinfold Lane, a single track road. Any increase in occupancy in this property would add traffic to an already awkward situation."

5.3 An objection was received from 'Tregenna', Pinfold Lane, Laxey (behind the site):

"The erection of a first floor extension will lead to a loss of privacy of my home and garden and will certainly impact on my views of Laxey bay which is one of the main reasons I bought my property at the time.

It is an inappropriate design for this part of the village. It will be totally out of keeping with the neighbouring properties, which are mainly similar cottage style houses and single storey bungalows."

6.0 ASSESSMENT - 6.1 In considering an extension such as this in a residential area, it 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. - 6.2 Impact on Neighbours

• 6.2.1 The key considerations in terms of impact on neighbours are risks of overshadowing and/or overlooking and loss of privacy to dwellings within 20 metres. This is outlined in the recently published DEFA Residential Design Guidance (March 2019) which states in part; "The 20 metre guide provides a useful way to identify where overlooking is likely to be a concern. It refers to the distance between elevations that contain windows serving habitable rooms that face each other - if this distance is over 20 metres, overlooking is unlikely to be a concern. This distance can be relaxed where the design or orientation is such that privacy and amenity of a neighbouring property is not compromised. In dense urban areas where there is already a level of mutual overlooking a lesser standard may be acceptable. The required distance may need to be greater if there is a change in topography, which would result in an adverse effect on the privacy and amenity of a neighbouring property."
• 6.2.2 When the 20m criteria is applied, the only properties likely to be directly impacted by these proposals are the properties directly adjacent to the north and south of the site. Given the topography of the area and separating distances, the houses to the front (east) and rear (west) are not likely to be impacted by any part of the proposals. Additionally, the existing garage on the site provides screening between the site dwelling and properties to the rear on Pinfold Lane.
• 6.2.3 The dwelling directly to the south of the site sits within 2 metres of the site boundary and would be closest in proximity to the proposed alterations. In terms of overlooking, there would be one addition window on the new first floor with outlook directly towards the gable wall of this property. Overlooking impact would be somewhat limited by the lack of habitable room windows on that elevation, although some overlooking may result into the neighbouring garden area. There would be no increased risk of overlooking onto Ballantrae to the north as no additional fenestration is proposed on the north elevation.
• 6.2.4 The dormers to the rear and front elevations would not adversely impact neighbours in terms of overlooking, again, due to the distances and topography of the area. Due to the heights of the property and surrounding properties, and their north-south alignment, it is not considered that any overshadowing would occur as a result of the

• proposals. Concerns have been raised by a neighbour to the rear of the site concerning to a loss of sea views and privacy. GP2 (e) states that development should not adversely affect public views of the sea - the emphasis here being 'public'. Loss of view from residential properties is not a material planning consideration, and it is not regarded that there would be a loss of public view. The site would sit lower than, and be comfortably over 20 metres from, Tregenna to the rear - no unacceptable overlooking is likely.
• 6.2.5 The extension would not be brought so close to the boundaries with the neighbouring properties so as to cause any unacceptable overbearing or loss of outlook. Overall, the proposal would comply with General Policy 2 (g) with respect to neighbourliness.

6.3 Impact on Appearance of the Dwelling and the Street Scene

• 6.3.1 At present, the dwelling of Ard Aalin is a modest bungalow which features semi-modern styling and design. There are a number of aspects of the proposal which would significantly alter the appearance of the dwelling.
• 6.3.2 The proposed dormers and the increase in roof ridge height would increase the visual impact of the property from the roadside of Pinfold Hill. However, the use of pitched roofed dormers and cladding on the cheeks and face of the rear dormers would allow for some blending with the existing property. There are a mix of architectural styles in the area. The following comments are taken from the Planning Appeal Inspector's report re. 18/01150/B:

• o "The proposed front dormers would have a somewhat unbalanced appearance, with the two at the southern end of the building being substantially larger than those at the northern end."
• o "Nevertheless, the proposed extension would not be a particularly prominent townscape feature, being well screened in virtually every view from public vantage points. This area is characterised by buildings of mixed form and design. On balance, I am not persuaded that the proposed extension would have so adverse an effect on the character or appearance of this part of Laxey as to justify the refusal of planning approval."

• 6.3.3 These comments are noted, and as it is regarded that the current proposal has a slightly reduced visual impact than the initial proposal, the visual impact on the streetscene is not regarded to be unacceptable and therefore complies with GP2 (b,c,g).

7.0 CONCLUSION - 7.1 In summary, the proposal would not harm the residential amenities of the neighbouring properties and is, on balance, considered to be acceptable in terms of the character of the area and streetscene. 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 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 : 30.04.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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