Alterations and extension to dwelling (comprising amendments to PA 06/00726/B Retrospective)
Site Address:
59 Devonshire Road Douglas Isle Of Man IM2 3RA
Case Officer:
Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
The Application Site
The application site comprises the residential curtilage of 59 Devonshire Road, a semi-detached dwelling located on the southern side of Devonshire Road in Douglas. The slope of Devonshire Road means that no.s 59 & 61 are positioned higher than no.s 63 & 65 but lower than no.s 55 & 57. The ground floor level of each pair of semi-detached dwellings is basically the same.
The Proposal
The proposal comprises the alteration and extension of the dwelling located within the application. The proposed development comprises erection of a two storey side extension, providing garage at ground floor level and bedroom above. A set of double doors within the side elevation of the existing dwelling are proposed to be altered to a single door. A roof light and Velux balcony style roof window are proposed within the rear roof slope of the existing dwelling.
This planning application has been submitted to address difference between what was approved under previous planning application 06/00726/B and what has actually been built. In most respects the development proposed by this current planning application is the same as that approved under the aforementioned previous planning application. For instance, the roof light and Velux balcony style roof window on the rear roof slope is unchanged from previous approval to current proposal. In respect of the differences there are three main changes between the two planning applications, those changes are:
i) an increase in the overall length of the side extension. Based on the submitted drawings and information the proposed (i.e. built) extension is 0.7m longer than that approved under the previous planning application;
ii) a repositioning of a ground floor door in the rear elevation of the side extension to a more central position; and
iii) a change to existing double doors within the side elevation of the existing dwelling to a single door.
Planning History
The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:
Planning application 06/00726/B sought planning approval for alterations and extensions to provide additional living accommodation. This previous planning application was approved on the 14th July 2006. A subsequent appeal against the approval was dismissed by the deputy Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval issued on the 29th January 2007.
Planning Policy
In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(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 of the Isle of Man Strategic Plan 2007 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."
Representations
Douglas Borough Council has no objections to the planning application.
The Department of Infrastructure Highways Division do not oppose the planning application.
The owners and/or occupants of 57 Devonshire Road, which directly adjoins the application site, state that they do not object to the proposed extension but would like the work to be completed in a timely manner and for works to the footings and the sewer should be properly inspected.
The owners and/or occupants of 61 Devonshire Road, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern over site drainage and the structural impact of the Velux balcony style roof window. They also comment on the display of the yellow site notice, the length of time the development has taken to complete, and general noise and disturbance arising from the proposal.
Assessment
As highlighted earlier in this report this current planning application has arisen from differences between what was approved under previous planning application 06/00726/B and what has actually been built. The elements that are identical to that approved under the previous
planning application already benefit from planning approval. It is therefore not necessary to reconsider these, rather the purpose of this planning application is to consider the acceptability of the elements that are different from that approved by the previous planning application. In terms of these, as stated earlier, the three differences are:
i) an increase in the overall length of the side extension. Based on the submitted drawings and information the proposed (i.e. built) extension is 0.7m longer than that approved under the previous planning application; ii) a repositioning of a ground floor door in the rear elevation of the side extension to a more central position; and iii) a change to existing double doors within the side elevation of the existing dwelling to a single door.
When assessing these three differences the two key issues to consider are the impact of the proposal on the street scene and the impact of the proposal on the residential amenity of adjoining property.
The two key issues to consider are the impact of the proposal on the residential amenity of adjoining property and the impact of the proposal on the street scene.
In terms of residential amenity the proposed development could only be reasonably said to potentially affect no. 57. However, taking into account the conclusions of the appointed Planning Inspector for the appeal against the approval of previous planning application 06/00726/B, the extent of change from the previous approval, and the relationship between the properties it is considered that the proposed development would not harm residential amenity to an degree that would warrant refusal of the planning application. Given the orientation of the application site and position of the proposed extension relative to no. 57 it is concluded that the increase in size of the side extension would not result in unacceptable loss of light, overshadowing or overbearing. The changes to the window position and existing door do not affect the adjoining property.
As for the impact of the proposal on the street scene the proposed increase in length of the side extension is to the rear of the dwelling. As such, the proposed side extension should not look significantly different within the street scene to that previously approved. The overall impact on the street scene and public amenity in general is concluded to be acceptable.
The proposal is not considered to affect any other obvious material planning consideration.
In respect of the representation from 57 Devonshire Road it should be noted that the planning system cannot legitimately control the time within work is complete. The inspection of works to the footings and the sewer is a matter for building control separate from the planning system. As for the representation from 61 Devonshire Road the drainage issues are effectively the same as that considered and approved by previous planning application 06/00726/B and the other issues are not material planning considerations.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Douglas Borough Council; The owners and/or occupants of 57 Devonshire Road; and The owners and/or occupants of 61 Devonshire Road.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 26.11.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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 drawing no.s PTA-87-01, PTA-87-02, PTA-87-03, PTA-87-04, PTA-87-05 and PTA-87-06 date stamped the 19th October 2012.
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: 29.11.12
Determining officer (delete as appropriate)
Signed: _________________________ Anthony Holmes Senior Planning Officer
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
Signed: _________________________ Sarah Corlett Senior Planning Officer
Signed: _________________________ Jennifer Chance Development Control Manager
Copyright in submitted documents remains with their authors. Request removal
Source & Provenance
Official reference
12/01399/B
Source authority
Isle of Man Government Planning & Building Control
