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Application No.: 24/91260/B Applicant: Mr & Mrs Michael Ferguson Proposal: Installation of enlarged and additional windows. Replacement of a basement external door and window with bifold doors. Site Address: Cregary The Crescent Baldrine Isle Of Man IM4 6DZ Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.12.2024 _________________________________________________________________
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason.
Overall, it is considered the proposal would comply with the General policy 2 of the Isle Of Man Strategic Plan and the Residential Design Guide where there are no adverse impacts on public or private amenities.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 07.11.2024.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority - No Objection
_________________________________________________________________ Officer’s Report
1.1 The application site represents the curtilage of an existing property Cregary, The Crescent, Baldrine. The dwelling is a single storey detached dormer bungalow with gardens to the front and rear of the property. The dwelling is located to the eastern side of The Crescent and north of Packhorse Lane. - 1.2 The topography of the site is on a hillside, with the neighbouring properties Garwick View (southeast) and Glen View Cottage (east) set significantly below the ground level of the site, approximately 2 storey's difference.
2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within a "predominately residential" under the Area Plan for the East 2020. The site is not within a Conservation Area. - 2.2 General Policy 2 of the Strategic Plan is considered applicable, which states: "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: (accords with a-n) - 2.3 Residential Design Guide July 2021.
3.0 PLANNING HISTORY - 3.1 The previous planning applications which are considered relevant in the assessment and determination of this application; - 3.2 Alteration to dormer on rear elevation - 12/01373/B - APPROVED - 3.3 Replace three existing velux windows with dormer windows - 10/00262/B - APPROVED - 3.4 Installation of a roof dormer and French windows to replace existing lounge window 03/01797/B - APPROVED - 3.5 Alterations to dwelling including porch and rooflights - 99/01572/B - APPROVED
4.0 PROPOSAL - 4.1 The application seeks approval for the installation of 3 no.enlarged vertical windows. Replacement of a basement external door and window with bifold doors. - 4.2 The works to the rear elevation (east) includes the replacement of two existing upper ground floor windows with the same width of window but with tall heights (floor to ceiling windows). The lower ground floor (basement) window and door are proposed to be replaced with a bi-folding door of a similar existing width of the existing window and door. - 4.3 To the side (south) elevation it is proposed to replace of one of the existing upper ground floor windows with the same width of window but with tall heights (floor to ceiling windows). The lower ground floor (basement) a new narrow window is proposed to be installed.
5.0 REPRESENTATIONS - 5.1 Garff Parish Commissioners (06/12/24) No Objection. "These proposals for several windows to be enlarged and for the replacement of a single door and side window with bifold doors were noted and felt to be relatively minor. The consensus was that there would be no visual impact on neighbours, particularly due to the established vegetation in the vicinity. No Objection. Commission thanks the Planning Authority for the opportunity to comment on this application."
6.0 ASSESSMENT - 6.1 The key issue relate to the potential visual impact upon the street scene and potential impacts upon neighbouring amenities. - 6.2 The proposals are considered to have little visual impact upon the street scene or to the individual property. Accordingly, from these respects the proposals would comply with General Policy 2 and RDG. - 6.3 In relation to the potential impacts upon neighbouring amenities, given the proposal introduces larger areas of glazing (namely upper ground floor windows) it will increase the potential for overlooking. However, given the width and position of the windows are essentially the same and the only difference is that the lower half of the window will change from the existing solid walling with more glazing, it is not considered that the level of overlooking would increase in this instance. - 6.4 The works to the lower ground floor again increase the likelihood of overlooking, however, given the significant level differences between the neighbouring properties and the site and the landscaping features; it is not considered there would be significant overlooking to warrant a refusal.
7.0 CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and the Residential Design Guide, no having any significant public or private amenities and therefore it is recommended that the application be approved.
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):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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 : Permitted Date: 17.12.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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