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Application No.: 25/90483/B Applicant: Mr Mike Dyson Proposal: Erection of first floor extension above existing ground floor rear extension; installation of dormer window to rear roof slope. Site Address: 40 St Germans Place Peel Isle Of Man IM5 1BZ Planning Officer: Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 01.07.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed development involving the erection of the first floor flat-roofed rear extension is unacceptable because it would result in a poorly designed addition to the existing end terraced dwelling contrary to the advice contained in paragraph 4.7.8 of the 2021 Residential Design Guide (RDG) advises: "4.7.8 Poorly designed/finished flat roofed extension are likely to be resisted. Replicating existing poor designed/finished extension either already being found at the property and/or neighbouring properties is not a reason to allow further inappropriate flat roofed extension." Whilst the extension proposed to be added to the rear of No. 40 would be located in an unobtrusive area, and a precedent has been set at No. 36 St German's Place, it is noted that this extension preceded the 2021 Residential Design Guide. As such, the proposed first floor, flat-roofed, extension to the rear of No. 40 St German's Place would be unacceptable and would be contrary to the advice contained in paragraphs 4.7.6 to 4.7.8 in the 2021 Residential Design Guide; and, to the provisions of Policy GP2 b) and c) in the Isle of Man Strategic Plan 2016. - R 2. The proposed first floor extension is unacceptable because it would be sited along the common boundary with the attached terraced dwelling at No. 38 St German's Place to the south-west side of this neighbouring dwelling. This would block daylight to windows in the ground and first floor rear elevation of this neighbouring dwelling and would appear as an overbearing addition in terms of the relationship between the extension and the rear aspect of No. 38. Whilst the No. 36 first floor rear extension was approved, this extension is located to the north-west of Nos.38 and 40, and is on the side of the rear of No. 36 St German's Place furthest from No. 38 - it is not on the common boundary between these two properties, whereas the extension proposed to be added to No 40 would be. The location of the No. 40 extension would be to the south-west of No. 38, hence the proposals would result in both an overbearing impact and loss of light to and outlook from the rear of No. 38. This is unacceptable and as such, the proposal would be contrary to the advice contained in - paragraphs 4.6.1 to 4.6.12 in the 2021 Residential Design Guide. It would also fail to accord with the provisions of Policies GP2 g) and ENV23 in the Isle of Man Strategic Plan 2016. - R 3. The proposed insertion of a dormer window in the rear roof-slope is unacceptable because it would result in an incongruous feature which would be out of character and keeping with the site and surroundings contrary to the advice contained in paragraphs 4.10.3 to 4.10.6 in the 2021 Residential Design Guide, and to the provisions of Policy GP2 b) and c) in the Isle of Man Strategic Plan 2016. Furthermore, it would directly face the rear aspect and overlook the rear garden area of the 2-storey, neighbouring dwelling at No. 19 Creggan's Avenue; and, to a lesser extent the rear aspects and gardens of the neighbouring dwellings at No. 17 and 21 Creggan's Avenue, resulting in the potential for overlooking and loss of privacy to occupants of these neighbouring residential properties to an unacceptable degree. This would be contrary to the advice contained in paragraphs 4.10.3 to 4.10.6 in the 2021 Residential Design Guide, and to the provisions of Policy GP2 g) and ENV23 in the Isle of Man Strategic Plan 2016. _________________________________________________________________ Right to Appeal None
_________________________________________________________________ Officer’s Report
1.0 THE APPLICATION SITE - 1.1 The application site relates to 40 St Germans Place, Peel, and comprises an existing two storey, end-terrace of 3 dwellings set back from the road frontage with cream painted rendered walls, under a natural slate pitched roof, with chimney stacks located at either end of the ridge. It has a single storey side extension on its SE side in matching materials under a mono-pitch roof. A row of 2-storey, semi-detached dwellings runs top the south-east at 1-7 Corrin's Way, with the rear aspects of Nos. 1 and 3 facing the side of the dwelling. No. 40 has a wrap-around garden on 3-sides separating it from adjoining properties. A Scout Hut building is located approx. 25.0m to the north-west of the site. Otherwise, the site is level, and the surroundings are residential.
2.0 THE PROPOSAL - 2.1 The application proposes the "Erection of first floor extension above existing ground floor rear extension; installation of dormer window to rear roof slope." It comprises:
Ground floor: Kitchen, bathroom, lounge. There would be no increase in floor area arising from the development and the bathroom would be altered to form a utility room;
First floor: The two existing bedrooms would remain. The addition would involve a 2.6m wide x
3.01 deep bathroom, (external height of flat roof = 4.59m) with obscure glazed window to the SE side elevation. The extension containing the bathroom would be contained under a Fibreglass (GRP) flat roof. A new window would be inserted in the rear elevation in a slightly different position to an existing window to serve the rear bedroom at this level. The space occupied by the window serving the stairwell and landing in this location would be utilized to provide the doorway into the new bathroom.
Second floor: The existing bedroom would remain. The proposal would involve the addition of a flat-roofed dormer window added to the rear (with a slight downward slope to shed rainwater), SE facing, roof-slope. The dormer would measure approx. 5.0m wide x 1.75m deep x 1.05m high and would be clad in white uPVC horizontal strips under a Fibre-glass (GRP) flat
roof. The dormer would be served by a 1,200mm wide x 880mm high 4-pane, top opening casement window. Erection of first floor extension above existing ground floor rear extension; installation of dormer window to rear roof slope. PLANNING HISTORY
3.1 07/00507/B - Demolition of existing outhouse in rear garden and erection of a rear extension and front porch. Permitted - 12/6/2007. - 3.2 07/00137/r - Retention of additional garden shed and access from back lane. Permitted
3.3 98/00629/B - Smooth render front elevation of dwelling, 40 St Germans Place, Peel. Permitted - 1/9/1998. - 3.4 98/00415/B - Extension to dwelling and erection of satellite dish, 40 St German's Place, Peel. Permitted - 24/7/1998. - 3.5 98/00169/B - Installation of uPVC windows and doors to replace existing, 40 St Germans Place, Peel. Permitted - 19/6/1998. - 3.6 It is noted that a two-storey, flat roofed extension has been attached to the rear of no. 36 St Germans Place - see PA 09/00848/B - Erection of a two storey extension to rear elevation of dwelling house. Permitted - 27/7/2009.
4.1 The site falls within an area zoned as 'Predominantly Residential' on the Peel Local Plan and is not within a Conservation Area. The application falls to be assessed against the general standards towards development set out in General Policy 2 and paragraph 8.12.1 of the Strategic Plan 2016 where it indicates that there is a general presumption in favour of residential development so long as it complies with the general standards set out in General Policy 2. In this case those parts b, c, g relating to visual and neighbouring amenity are most relevant.
4.2 The Residential Design Guide 2021 sets out ways in which visual and neighbouring amenity impacts can be assessed and this document would be relevant here particularly section
4.10 covering dormer extensions and 7.0 relating to good neighbourliness including overlooking and privacy impacts.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Peel Town Commissioners - no comments received by the Report drafting stage 1/7/2025.
5.2 No comments had been received from occupants neighbouring properties by the Report drafting stage (1/7/25).
ASSESSMENT 6.1 The key matters for consideration in this case are the visual and neighbour's amenity impacts of the proposed first floor rear, flat-roofed bathroom extension; and, the proposed rear dormer extension.
6.2 The application dwelling is the end terraced unit of a row of three such dwellings, which are set back form the road frontage at the head of the cul-de-sac here in St Germans Place. Located to the rear (SE) and to the side (SW) of the dwelling on site are two-storey, semidetached dwellings at Nos. 17 and 19 and 21 and 23 Creggan's Avenue; and, to the SW Nos. 1 and 3 Corrin's Way. These dwellings are set approx. 13.0m apart (wall to wall at 19 Creggan's Avenue); and, 11.0m apart (wall to wall at 1 Corrin's Way). It is noted that the opposite end terraced dwelling at No. 36 St Germans Place, has a two-storey rear flat roofed extension very similar to that proposed here at No. 40. (See PA09/0848/B). First floor extension - design and visual impact
6.3 The proposed first floor extension and the roof dormer would both be attached to the rear of the dwelling. The first floor, flat-roofed extension would result in an addition which reflects that at No. 36, and would not, therefore be out of character and keeping. Both it, and the roof dormer would be screened from public view, although they would be visible via gaps between dwellings in both Corrin's Way and Creggan's Avenue. It is noted that paragraph 4.7.8 of the 2021 Residential Design Guide (RDG) advises: "4.7.8 Poorly designed/finished flat roofed extension are likely to be resisted. Replicating existing poor designed/finished extension either already being found at the property and/or neighbouring properties is not a reason to allow further inappropriate flat roofed extension." Whilst the extension proposed to be added to the rear of No. 40 would be counter to this advice, it is located in an unobtrusive area, and a precedent has been set at No. 36, albeit that preceded the 2021 Residential Design Guide. No objections or representations have been received regarding it. However, given the advice contained in paragraph 4.7.8 of the RDG and the fact that the extension added to the rear of No. 36 preceded the RDG, on balance it is considered that the proposed first floor, flat-roofed, extension to the rear of No. 40 St German's Place would be unacceptable and would be contrary to the advice contained in paragraphs 4.7.6 to 4.7.8 in the 2021 Residential Design Guide; and, to the provisions of Policy GP2 b) and c) in the Isle of Man Strategic Plan 2016. First floor extension - impact on neighbours amenities. - 6.4 The first floor extension would be sited along the common boundary with the attached terraced dwelling at No. 38 St German's Place. This would be to the south -west side of this neighbouring dwelling. This would block daylight to windows in the ground and first floor rear elevation of this neighbouring dwelling and would be overbearing in terms of the relationship between the extension and the rear aspect of No. 38. Whilst the No. 36 first floor rear extension was approved, this extension is located to the north-west of No.38 and 40, and is on the side of the rear of No. 36 furthest from No. 38 - it is not on the common boundary between these two properties, whereas the extension proposed to be added to No 40 would be. In addition, the location of the No. 40 extension would be to the south-west and would result in both an overbearing impact and loss of light to and outlook from the rear of No. 38. This is considered to be unacceptable and as such, fails to accord with the provisions of Policies GP2 g) and ENV23 in the Isle of Man Strategic Plan 2016. Proposed dormer and window to the rear roof-slope - design and visual impact.
6.5 The addition of the proposed dormer to the rear roof-slope would as advised in respect of the first floor rear extension be screened from public view, although they would be visible via gaps between dwellings in both Corrin's Way and Creggan's Avenue. The advice contained in paragraphs 4.10.3 to 4.10.6 in the 2021 Residential Design Guide is of relevance, particularly that in paragraphs 4.10.4 and 4.10.5 where at 4.10.4 it advises that: "Flat roofed dormers can appear as clumsy additions to a roof pitch if they are overly long or tall, or if they are as tall as the ridge. …. Finishing the front and cheeks of the dormers in a tile or tile like material can reduce this impact."; and, at 4.10.5, which advises: "The position within the roof plane, size, and proportion are also important aspects to consider. The size of any dormer should be secondary to the size of the roof in which it will be positioned." - 6.6 In this case, the proposed dormer would be set approx. half-way up the roof slope from the gutter line, and would be set slightly (approx. 300mm) from the side elevation and boundary line with the attached dwelling at No. 38. It would ostensibly be flat-roofed, having a slight slope in order to shed rainwater. The proposed window in the rear elevation of the dormer would allow light into the attic space and would complement the roof-light contained in the front roof slope in this regard. It is noted that there are no other dormer windows inserted in the rear roof-slopes of dwellings at Nos. 12 - 34 St German's Place, which on this side of the street, form a continuous terrace. The terrace three dwellings at Nos. 26 - 40 St German's Place which includes the application dwelling, are effectively a continuation of this terrace albeit they are set back on their plots relative to Nos. 12 - 34. Taking into account the fact that the proposed dormer would not be readily visible form the public realm as advised in paragraph 6.3 above, it would nevertheless be contrary to the advice contained in paragraphs 4.10.3 to 4.10.6 in the 2021 Residential Design Guide, and to the provisions of Policy GP2 b) and c) in the Isle of Man Strategic Plan 2016. Proposed dormer and window to the rear roof-slope - impact on neighbours amenities. - 6.7 The proposed dormer containing a window serving the attic room would be sited where it would directly face the rear aspect of the 2-storey, neighbouring dwelling at No. 19 Creggan's Avenue; and, to a lesser extent the rear aspects of the neighbouring dwellings at No. 17 and 21 Creggan's Avenue, owing to their being sited at an angle to the site of the proposed dormer window. The approximate wall-to-wall distance between No. 40 and No. 19 Creggan's Avenue would be approx. 13.0m. The dormer window would be in an elevated position compared to No. 19. This would allow for direct observation of the rear aspect and rear garden of No. 19; and, to a lesser extent Nos. 17 and 21 Creggan's Avenue. This is considered to be unacceptable in terms of the impact this would have on the neighbours' residential amenities for the occupants of No. 19, and to a lesser extent Nos. 17 and 21 Creggan's Avenue. This would be contrary to the provisions of Policies GP2 g) and ENV23 in the Isle of Man Strategic Plan 2016.
7.1 The application is considered to be unacceptable in that it would result in a visually harmful form of development of the existing dwelling which would fail to maintain character and appearance of the site and its surroundings. It is further considered that the development would have an unacceptably adverse impact on the residential amenities enjoyed by occupants of the adjacent neighbouring dwellings to the rear of the site at No. 19; and, to a lesser extent Nos. 17 and 21 Creggan's Avenue. The proposed development fails to accord with parts b, c and g of General Policy 2; and, Environment Policy ENV 23 in the Strategic Plan and is also contrary to the principles of the Residential Design Guidance 2021, Sections 4.7 and 4.10, relating respectively to Flat Roof Extensions and Dormer Extensions. The application should be refused. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Refused Date: 02.07.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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