This application seeks permission to construct an extension to a dwelling located within Douglas.
The Site
The application site is the curtilage of 29 Ballakermeen Drive, Douglas, a two storey semi detached property located on a relatively modern estate. The site is situated on the northern side of Ballakermeen Drive and its rear elevation backs onto the end of a cul-de-sac within Ballakermeen Close.
The Proposal
This application seeks approval for the construction of an extension to the side and rear elevations of the building. There is currently a small shed situated along part of the boundary along with a larger shed which sits at the top corner and houses a hot tub. The driveway of the property is immediately adjacent that of No. 27 which is situated to the west.
The proposed extension would be a combination of two storey and single storey. To the side a two storey extension would be constructed which would incorporate a car port at ground floor level. Above this at first floor level would be dressing room with ensuite. At the rear, a single storey extension would provide a store, utility room, W.C. and a room to house a hot tub.
The extension would be finished externally to match the existing building and the other properties in the row.
Development Plan Policies
The application site is located within an area that is designated as being Predominantly Residential by the Douglas Local Plan. Within the Isle of Man Strategic Plan, the following are judged to be relevant:
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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
Case Officer:
Mr Steve Stanley
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
(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;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(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;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption."
Paragraph 8.12.1 (extensions to dwellings in built up areas or sites designated for residential use):
"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."
Planning History
Aside from applications relating to the development of the estate as a whole, no other planning applications relating to this site have been submitted.
Representations
The Highways Division of the Department of Infrastructure does not object to this application.
The owner and occupier of 27 Ballakermeen Drive, Douglas object to this application. Their objection may be summarised as concerns that the proposal would result in loss of light to the window which serves their hall and landing, that the view from this window would be adversely affected, that there would be some loss of light to their back garden and that the visual impact of the extension would be detrimental to the open plan feeling of the current layout.
Assessment
The key issues to be assessed in the determination of this application are the impact of the proposed development upon the character and appearance of the surrounding area and impacts upon the amenity of adjacent properties.
Impacts upon the character and appearance of the surrounding area
The incorporation of an open carport at ground floor level results in the design looking a little unusual however it is not judged to be unacceptable in terms of appearance. The rest of the proposed extension is judged to be generally in-keeping with the existing building and the wider area in terms of form although the rear extension would run all the way to the rear of
the plot which would be visible from the cul-de-sac to the rear. Overall, it is considered that the character and appearance of the area would not be harmed to such an extent that refusal for this reason would be warranted.
Impacts upon the amenity of adjacent properties
The extension would bring the building closer to No. 27 and this has led to concerns being raised by the owner and occupier of that property. They raise specific objection to impacts upon the side landing window of their property and upon their rear garden. These are legitimate concerns as the extension would come very close to the shared boundary and would change the outlook and light reaching the side window by a significant degree.
The extension to the rear would run along the boundary shared with No. 27 and would replace two sheds positioned on the boundary which cause some impacts to No.27. However, the extension would be taller and larger than these and due to the difference in level between the site and No.27 the impacts of the extension would be exacerbated. Whilst the open view from the rear of No.27 towards Ballakermeen Close would remain and the roof of the extension would be sloping away from the boundary so to limit its impact, it is judged that unacceptable harm to outlook would be caused if the extension were to be built.
Conclusions
Overall, having regard to all of the issues explored above, it is judged that this proposal would result in unacceptable harm to the amenity of No. 27, contrary to GP2 part (g) of the Isle of Man Strategic Plan 2007 and for that reason should be refused.
Recommendation
Refuse.
Party Status
The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore recommended to be afforded Interested Party Status:
The owner and occupier of 27 Ballakermeen Drive, Douglas
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommendation
Recommended Decision: Refused
Date of Recommendation: 26.10.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
R 1. The height, massing and proximity of the proposed extension to the boundary of No. 27 Ballakermeen Drive would result in an unacceptable overbearing impact upon the outlook currently enjoyed from that property. For this reason the proposal would fail to meet General Policy 2 (g) of the Isle of Man Strategic Plan 2007.
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 : Refused Date : 26/10/17
Determining officer (delete as appropriate)
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : Samuel Sarah Corlett Senior Planning Officer
Signed : _________________________ Jennifer Chance Development Control Manager
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Source & Provenance
Official reference
12/01238/B
Source authority
Isle of Man Government Planning & Building Control
