Officer Report 12/01543/B

Planning Report And Recommendations {{table:329702}} {{table:329701}}

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's Nursery. The access to the site is via Allanson's 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 alterations and erection of extensions (including amendments to PA 11/01574/B). This application is retrospective. The application is for a two storey extension linked to the existing building to form one overall dwelling. The difference between this application and the previous one is under this application a high level window is proposed in the rear elevation of the kitchen and the installation of an enlarged window to provide a fire escape window on to the mono-pitch roof.

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."

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).

8. 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.

9. 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 do not wish to comment as they feel that the application makes no material difference in planning terms and will only affect the immediate neighbours who will make their own comments.

1. The owner/occupier of 2, The Willows, Ballacraine objects to the two windows in the gable end of the older part of the property. In summary they feel that the two windows would be a great intrusion into their privacy. The garden area of their property wraps around the application site which forms a boundary in very close proximity. They feel that the new first floor window would look directly into their garden. They feel that the window in the lean-to extension would also cause the same intrusion if their shed were to be moved.

Assessment

1. The application seeks approval for the alterations and extension to dwelling, the application includes some amendments to the previously approved scheme. The amendments to the previous application include the installation of a high level window and the installation of an enlarged landing window to provide a fire escape.

1. The extensions themselves are the same as proposed under the 2011 application, they are considered to be acceptable in terms of design and the impact on the character and appearance of the street scene.

1. The amendments to this application include the installation of a high level window in the rear elevation of the kitchen and the installation of an enlarged window in the landing at first floor level which can now be accessed as the void above the kitchen now has a floor. Both the window in the gable end and the window in the kitchen would look out onto the rear garden of 2. The Willows as the garden runs along the rear boundary of the application site. At present there is a shed sited adjacent to the boundary which is in front of the proposed kitchen window.

1. The main issue to consider in the assessment of these amendments is the impact on the amenities of the residents in the adjoining property in terms of overlooking and loss of privacy.

1. The proposed window in the rear elevation would be at a high level and therefore would not be at a level that those using the room could reasonably look into the neighbouring property's garden. Given that the window is at a high level it is considered that this would not result in undue overlooking or loss of privacy. The roof of the shed can be seen through this window. However, if the shed were to be moved in the future, whilst it may not result in overlooking, the window would be on the boundary of the neighbouring property and therefore would give the perception of overlooking.

1. The window at first floor level would be larger than what was previously approved and would be at a lower level which would make it much more accessible to those using that space. In the previous application In the previous approval the window was smaller and was at a higher level, there was also a void so the window could not be accessed to look out of. It is considered that the enlargement and lowering of the window would result in an increase in overlooking of the garden space of the neighbouring property and would adversely affect the amenities of those occupying the property.

1. For the above reasons the application is considered to be unacceptable and is recommended for refusal.

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.

1. The owner/occupier of 2, The Willows, Ballacraine is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Refused Date of Recommendation: 06.02.2013 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 proposed window at first floor in the gable end elevation and the high level window in the single storey extension would result in an unacceptable increase in overlooking of the neighbouring property "2 The Willows" which would adversely affect the privacy of the occupants of the property which would be contrary to General Policy 2 (g) and Paragraph 8.12.1 of the Isle of Man Strategic Plan.

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 : 14.2.13

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