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Application No.: 19/01007/B Applicant: Mr David Shillito Proposal: Alterations and extensions including side/north extension with living accommodation at ground floor and storage at basement level, extension to utility and garage at front, and creation of patio doors in place of window at rear. Site Address: 9 Mourne View Peel Isle Of Man IM5 1UJ Planning Officer: Miss Lucy Kinrade Photo Taken: 13.11.2019 Site Visit: 13.11.2019 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 10.12.2019 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed extension by reason of its elevated height and inclusion of large areas of glazing on the rear elevation would result in an unacceptable overlooking and privacy impact on the occupants of No. 7 Mourne View contrary to General Policy 2 (g) and the Residential Design Guide. - R 2. The proposed extension to the external terrace would result in an unacceptable overlooking and privacy impact on the occupants of No. 7 Mourne View contrary to General Policy 2 (g) and the Residential Design Guide. _______________________________________________________________
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):
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):
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy
*The owners of Caledonia, Off Mourne View, Peel as they are 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 application site is the residential curtilage of 9 Mourne View, Peel, an existing dwelling located within a small cul-de-sac of 10 similar sized and styles properties located just west of the A4 Main Road heading out of Peel towards Kirk Michael. - 1.2 The geography of the estate is as such that the land slopes down towards the coast and Peel headlands. Number 9 sits nearest the top end of the cul-de-sac and is one of three dwellings clustered around the bend in the cul-de-sac road on the easternmost side. No's 7 and 8 Mourne View both sit at levels below the application site. - 1.3 The application dwelling is orientated with its rear elevation facing north-west towards the rears of both the nearest neighbours and beyond towards Peel bay and Peel Castle. The front elevation including the integrated double garage fitted with two single garage doors faces south-east over the driveway and towards the estate road. - 1.4 The garden of the property wraps around the dwelling, directly to the rear there is an existing patio and an area of lawned garden built up to match the floor level of the house, outside of this the garden slopes steeply down towards the boundaries of both the neighbours.
2.0 PROPOSAL - 2.1 The current planning application seeks approval for the extension to the rear terrace and the erection of an extension on the northernmost gable of the main house creating additional living accommodation at ground floor of the main house with additional basement/garden storage provided underneath. - 2.2 The proposed extension is to have a hipped roof finish matching the main house, the existing is to have small projecting peaked gables across both the front and rear elevations, the extension at its largest point is to have a footprint of 10.5m x 12.5m. At the rear the peaked gable will extend to provide a small overhang and covered area. The extension is to have two windows on the front elevation and two floor to ceiling windows on the side elevation with a garage door providing access into the lower ground floor storage area. On the rear elevation the extension is to be installed with two large picture windows, one fixed and the other installed with bi-folding doors. - 2.3 The proposed works to the existing terrace will result in its extension matching the width of the proposed extension around 9m wide and projecting into the garden around 7.5m into the garden. A set of external stairs are proposed at the far end and the terrace is to be enclosed with glazed balustrades. - 2.4 Other alterations included as part of this application are the replacement of the existing single garage doors with one larger double garage door and the infill between the garage and the front porch to create a utility and the installation of new patio doors in place of a window on the rear elevation.
3.1 There have been two planning applications at the site since its original approval under 88/01082/B. PA 04/02385/B approved for the erection of conservatory on rear elevation and PA 96/00105/B approved for the enclosure of part porch to create a conservatory/porch. - 4.0 PLANNING POLICY
4.1 The property is situated within an area zoned as "Predominantly Residential" on the Peel Local Plan 1989. Due to the location of the site and the proposed works, we must consider the following relevant policies from The Isle of Man Strategic Plan 2016 in the assessment of the application along with 4.7 and 7.3 of the Residential Design Guide:
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:
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."
"4.7.2 In most instances, roof terraces on terraced or semi-detached properties are unlikely to be acceptable. For detached properties they can be acceptable where they are carefully designed to avoid unreasonable overlooking of neighbouring properties (including gardens). Large separation distances to neighbouring boundaries and habitable room windows will help to avoid such issues. Strategically placed solid screens/obscure glazed screens/slatted shutter screens may sometimes help where it is not otherwise possible to avoid overlooking. However, the use of such screens needs to be combined with careful design as such screening may result in a loss of light and/or be an overbearing and dominating feature to the outlook of the neighbouring properties/street scene. Balconies should not result in views into the rear windows of neighbouring properties at a distance of less than 20 metres.
"7.5.1 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, overlook 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.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Peel Commissioners - Oppose (dated 29/10/2019)
The proposed large extension with living accommodation facing towards the neighbours rear garden and bedrooms is too close to the property boundary, overbearing and has a significant impact on the neighbouring property's privacy.
5.2 The Department of Infrastructure Highway Services - Do not oppose (25/09/2019). - 5.3 The owners of 7 Mourne View, Peel- Objections (dated 08/10/2019 and 06/11/2019). Proposed extension will overlook two of their bedrooms, their conservatory and outside seating areas. The main part of the extension is to have a living room and there is no screening proposed on any of the plans. The proposal to create a basement would require a considerable level of excavation and such works will create dust and debris a short distance from their property. - 5.4 The owners of Caledonia, Off Mourne View, Peel - Objection (10/10/2019). The application dwelling is situated directly in front of their property and in a direct line from their lounge upstairs and will impact their view. The extension is also an over development on the plot and is not in keeping with other properties. The proposal will also invade the privacy of the properties directly below and in front of the site. - 5.5 The agent for the application provided a response dated 31/10/2019. The proposal is in keeping with the size of the site, and has been situated to take advantage of the view of the castle between 7 and 8 Mourne View. The boundary to No.7 is 10m away and screened by boundary hedging which will be allowed to grow further if required and the applicant has also planted further screening along this boundary. A 10m boundary is not insignificant and normal in a new build property. The corner of No.7 is in excess of 25m from the window of the proposed extension. Guidance for distance between window to window is 20m. There are already views towards houses to the west from the terrace and house due to
the sloping nature of the hillside. Caledonia is not affected by the proposal as they are over 70m away.
6.1 The replacement garage and patio doors to the existing dwelling and the infill extension on the front elevation are not considered to result in any adverse visual impacts on the existing dwelling or to result in any significant harm above the existing arrangement on the amenity or living conditions of the neighbours.
6.2 While the proposed side extension is not so unreasonable in terms of its size and is of a design that is generally in keeping with overall appearance of the existing dwelling, it is considered by reason of its elevated position and the inclusion of large areas of glazing on the rear elevation and facing over the rear garden of and towards the rear elevation of No. 7 has an adverse and unneighbourly impact on their amenity, living conditions and privacy of their property. The proposed increased size of the external terrace would also further exacerbate the overlooking and privacy impacts at detriment to the occupants of No. 7 Mourne View. - 6.3 The distance between the extension and the nearest elevation of the neighbours is in excess of 20m however this is considerably less between the terrace and their rear garden. Section 7.5 of the Residential Guide indicates that at ground floor where there are windows facing that if the distances are over 20m overlooking is unlikely to be a concern and that in dense urban areas a lesser standards may be acceptable, but that where there are changes in topography the distance may need to be greater than 20m depending on the relative heights as to omit any adverse effect on overlooking. - 6.4 In the case of this application it is accepted that there is a degree of overlooking between the cluster of dwellings in Mourne View, but that the siting and orientation of each appears designed as such as to limit this. The proposed extension and terracing works would make significantly worse the overlooking between the site and No. 7 and to an unacceptable level. - 6.5 While landscaping at a ground floor level may help to mitigate overlooking its permanency is not guaranteed. The overlooking as a result of the level of development proposed coupled with the considerable change in levels between the two properties could not be sufficiently mitigated to allow a supportable outcome in this respect. - 6.6 The owners of Caledonia are not considered to be affected by the proposals due to the substantial 60m distance between the two properties and the extension also being sited furthest from their property.
7.1 Given the negative findings set out above for the proposed extension and external terrace, it is considered that the application fails GP 2 (g) of the IOM Strategic Plan and parts 4.7 and 7.5 of the Residential Design Guide and therefore is recommended for refusal. - 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:
8.2 The Planning Committee must determine:
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 : Refused Date: 12.12.2019 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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