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Case Officer: Mr Chris Balmer Photo Taken: 03.09.2012 Site Visit: 03.09.2012 Expected Decision Level: Officer Delegation
1.1 The site represents the residential curtilage of 20 Lime Street, Port St. Mary located on the north-eastern side of Lime Street and south of the harbour. The property forms part of a row of four traditional two storey terraced properties (mid terrace). A lane runs from Lime Street between Nr 18 & 19 and serves all the rears of the properties along Lime Street. Access via the rear lane enables vehicular access to the property.
2.1 The application seeks approval of erection of an extension to garage and enlargement of existing balcony to the rear elevation (northeast).
2.2 The proposal involves the extension of the existing flat roofed garage by a further 4.3 metres, a width of 3.2 metres and a maximum height of 2.7 metres. The existing first floor balcony is also proposed to be increased from 2.5 metres to 4.6 metres in length.
3.1 The application site is within an area recognised as being an area of 'residential use', under the Isle of Man Development Plan Order 1982 and Under the Modified Draft Area Plan for the South. The site is also proposed to be with a Conservation Area under the Modified Draft Area Plan for the South.
3.2 Due to the site location, zoning and the type of proposal, the following policy is relevant for consideration:-
"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:
| Application No.: | 12/01153/B |
| Applicant: | Mr Kevin Sykes |
| Proposal: | Erection of an extension to garage and enlargement of existing balcony |
| Site Address: | 20 Lime Street Port St. Mary Isle Of Man IM9 5EF |
"Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
4.1 The following previous planning applications are considered relevant in the assessment and determination of this application: Installation of timber cladding to gable wall on northeast elevation - 09/01180/B – APPROVED Erection of a replacement boundary wall and re-rendering of front elevation - 08/02155/B – APPROVED Alterations and extensions - 08/01057/B – APPROVED Alteration to form a single dwelling - 08/00334/B – APPROVED Erection of a garage - 95/01497/B - APPROVED
5.1 Highways Division do not oppose, has no adverse traffic management, parking or road safety implications.
5.2 Port St Mary have no objections to the proposal.
6.1 From visiting the site/area and studying the plans the two issues with the proposals are the potential impact upon the residential amenities of neighbouring properties through overlooking and by having an overbearing impact upon the outlook, namely of the occupants of Nr 19 Lime Road.
6.2 In terms of overlooking the property most likely to be affected through overlooking (i.e. loss of privacy) would be the occupants of Nr 19 Lime Street which is located to the northwest boundary of the site.
6.3 There have been a number of recent applications for alterations to the rear of the properties fronting onto Lime Street but backing onto the harbour. In particular, PA 06/0923 is relevant and proposed a first floor extension over the existing rear garage and was refused for a number of reasons including "the inclusion of a balcony accessed via a patio window in the north western elevation of the proposed extension is likely to result in an unacceptable loss of privacy for occupiers of the adjoining property, number 16, Lime Street". Whilst the adjoining property to the north west in the case of the present application (Nr 19), is in the
ownership of the applicant, the amenities of this property must be considered as if it were a dwelling in separate ownership.
6.4 This issue was previous considered by application 08/01057/B when the existing property benefited approval for the flat roofed garage and the existing balcony above. With this application it was considered the use of the garage as usable accommodation will affect the privacy of those in Nr 19 Lime Street and whilst the applicants own that property as well as the application site, this will affect the amenities of that property, and possibly is saleability and/or value, which are not material planning considerations.
6.5 However, the rear garden of 19 Lime Street is not particularly private and a clear public view is already available through the vehicular access from the harbour side. Also given the previous approval was granted for a balcony and this was undertaken, enlarging the balcony over what exists would not result in significant more overlooking than what currently exists. Consideration should be given that the increased projection could result in a greater degree of views towards the rear of properties Nr 19 and 21 rather than just the garden areas. However, from the photographs taken it was clear in respect of Nr 19 that no significant overlooking into the rear windows of this property would occur. Regarding the impact upon Nr 21, views obtained would be of the roofs of the existing property and would not result in any overlooking within the property or the garden area.
6.6 The second aspect to consider is whether the garage extension would have an overbearing impact upon the amenities of Nr 19. Currently a two metre high stone wall exists between Nr 19 and the location of the proposed garage extension. This is proposed to be retained. Furthermore, there is a taller hedgerow (approx 2.3m) within the curtilage of Nr 19 which exists in this same location. Consequently, only approximately 0.4 metres of the side elevation of the garage would be apparent when viewed from Nr 19. It is considered whilst this would result in further built development along the south-eastern boundary of Nr 19, give the height of the proposal and existing boundary treatments, the proposal would not result in a significant impact upon the outlook of the occupants of Nr 19 to warrant a refusal.
6.7 Overall, given these reasons and on this basis and that the applicants are clearly aware of how the proposals will affect the adjacent property and that future occupants will be aware of this before purchasing or leasing the property, it is recommended that the application is permitted.
7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.
8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:
Port St Mary Commissioners
8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to erection of an extension to garage and enlargement of existing balcony as proposed in the submitted documents and drawing 1386-11 all received on 16th August 2012.
C 3. The external finishes of the extension must match those of the existing building in all respects.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 19/9/12
Signed : A. K. K. K. Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sennifer Chance Development Control Manager
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