Planning Officer Report

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The application site is the curtilage of Ashleigh, Main Road, St Johns which is a detached dwelling situated to the southern side of the highway. To the south and to the west of the application site is Allanson Nursery. The access to the site is via Allanson Nursery. To the eastern side of the application site is a semi-detached property "2 The Willows".

The Proposal

1. The application seeks approval for the erection of a conservatory on the rear elevation which would measure approximately 19sqm. The conservatory would have a painted render plinth wall with brown aluminium frame above.

Planning History

1. The following previous planning application is considered to be specifically material in the assessment of the current application:

PA 11/01574/B Alterations and extensions to dwelling – approved

Development Plan Policies

1. In terms of local plan policy, the application site is located within an area designated as predominantly residential use under the Isle of Man Planning Scheme (St John's Local Plan) Order 1999. Planning Circular 6/99, which constitutes the written statement to be read in conjunction with the local plan, contains two policies that are considered specifically material to the assessment of the planning application.

1. Policy RES/P/5 states:

"With the exception of appropriate extensions and alterations to existing property which will generally be acceptable, outside of development areas 1, 2, 4, 5 and 6 new residential development will only be approved where this complies with Planning Circulars 1/88, 3/88 and 3/89."

1. Policy RES/P/6 states:

"No residential development will be permitted where this would adversely affect the existing historic setting of Tynwald Hill and its associated open spaces."

Application No.:	12/01466/B
Applicant:	Mr Paul Allanson
Proposal:	Erection of a conservatory to rear elevation of dwelling
Site Address:	Ashleigh Ballacraine St Johns Isle Of Man IM4 3LS

1. It is also appropriate to consider General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan (20th June 2007).

1. 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; b) Respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of the 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.

1. Paragraph 8.12.1

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.

CONSULTATIONS

1. German Commissioners have no objections but suggest that the side elevation facing the neighbours garden should not be glazed or should be obscure glazed.

ASSESSMENT

1. The application seeks approval for the erection of a conservatory off the rear elevation. The main issues to consider in the assessment of the application are the impacts on the amenities of local residents and the impact on the character and appearance of the property.
2. The proposed conservatory would be to the rear of the dwelling and would be approximately 2.7m from the side boundary shared with 2 The Willows. Given that the conservatory would be at ground floor level it is considered that the proposed conservatory would not result in undue overlooking or loss of privacy.
3. The proposed conservatory would be to the rear of the dwelling and would not be highly visible in the street scene; it is therefore considered that the proposed conservatory would not adversely affect the character and appearance of the property or the surrounding locality in general.

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, German Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 24.12.2012

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 permission relates to the erection of a conservatory as shown in drawings 499.03d received 21st November 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: 28.12.2012

Determining officer (delete as appropriate)

Signed: ... Anthony Holmes Senior Planning Officer

Signed: ... Michael Gallagher Director of Planning and Building Control Development Control Manager

24 December 2012 12/01466/B Page 3 of 4

24 December 2012 12/01466/B Page 4 of 4