Officer Planning Report 12/01670/B

Planning Report And Recommendations {{table:26650}} {{table:26649}}

Officer's Report

The Application Site

1. The application site is the residential curtilage of 112 Summerhill Road, a three storey mid terraced dwelling sited on the eastern side of Summerhill Road, Onchan.

1. The existing dwelling is finished in a painted render and has a pitched roof finished in natural slate tile. To the front of the dwelling is a private garden area bounded by concrete rendered walling to the highway. To the rear of the property is a yard which is used as a parking area. There is no rear boundary treatment in situ.

The Proposal

1. The planning application seeks the approval for the erection of a detached garage at the rear of the exiting dwelling with ancillary accommodation over.

1. The proposed detached would be erected between No. 114 and No. 110 Summerhill Road and would sit on the edge rear boundary of the application site property and adjoin the footpath. The proposed detached garage would be sited 0.9 metres from No. 114 Summerhill Road.

1. The proposed garage would measure just less than 5 metres wide and have a depth of just less than 7.8 metres. The proposed garage would have a pitched roof with a maximum height of 5.5 metres. The proposed garage would be in line with the height of the detached garage of No. 114 Summerhill Road. There would be approximately 18 sq m of floor area (nett and over 1.5m in head height)

1. The proposed new detached garage would be finished in all materials to match those of the main dwellinghouse. The proposed first floor window to the south elevation would be finished in frosted glass. Also proposed is the installation of four rooflights in the west and eastern roof pitch measuring metres.

Planning History

1. The application site has been the subject of one previous planning application that was granted planning approval and is considered materially specific to the assessment of this current planning application:

PA 12/01699/B: Demolition of ground floor rear outlet and erection of a two storey extension

Planning Policy

1. In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Onchan Local Plan 2000 (Map No. 1). There is one policy within the written statement (Planning Circular 1/2000) that accompanies the Onchan local Plan that is considered specifically material to the assessment of planning application:

Policy O/RES/P/21 states:

"Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are 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."

Housing Policy 4 states:

"New housing will be located primarily within or existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

Environment Policy 42 states:

"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

Representations

1. Onchan District Commissioners have no objection to the current planning application subject to the following condition:

"The ancillary accommodation being linked to the main property and not sold as a separate unit."

1. The Department of Infrastructure Highways Division has no objection to the current planning application.

1. The Isle of Man Water & Sewerage have no objection to the current planning application subject to the following two conditions:

1) The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of "Manx Sewers for Adoption"; and 2) There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority and the Sewerage Act 1999.

Assessment

1. There are a number of issues to consider, the first relates to whether the proposed nature of the proposed garage with associated living accommodation above would be appropriate in this location. Second, whether the proposed building works in terms of design, size and massing would be appropriate and in keeping with the existing property and the street scene and thirdly whether the proposal would result in an adverse impact upon neighbouring amenities.

1. When assessing any planning applications that involve ancillary accommodation it is imperative to fully consider the use of the proposed building and future implications. In ascertaining the level of 'dependency' that the proposed ancillary living accommodation will have on the existing main dwelling, the floor layout, it is noted that the proposed detached garage would be erected 5 metres from the main dwellinghouse with no link between the application site property and proposed garage. It needs to be remembered that planning permission runs with the land and the building will remain long after the current owners cease to have an interest in the property. The long term use of the building must be a consideration in the determination of this current planning application. Further to this point, if in time the building is used independently from 112 Summerhill Road, then this independent use could become lawful, and could cause concern regarding the reduced levels of amenity which would result from having two independent dwellings in such close proximity to each other.

1. Whilst the proposed development would be located within an area designated as Predominantly Residential one must recognise that this proposed building would be erected in the back of an existing garden, forming inappropriate backland development and would be just 5 metres from the main dwellinghouse and would have no private amenity space contrary to the provisions set out in Environment Policy 42 of the Isle of Man Strategic Plan 2007.

1. In addition, the positioning of the buildings not only leaves inadequate private amenity space for the main dwelling, but results in an unacceptable relationship between the units. It would also undermine the enjoyment of the host dwelling. Furthermore, the proposed unit and existing dwelling served purely through the existing rear access of 112 Summerhill Road. This is generally an unacceptable situation given the level and scale of development proposed.

1. With regards to the impact of the proposed development on neighbouring property, 110 and 114 Summerhill Road, the proposed erection of the detached garage is not considered to appear as overbearing feature or incongruous feature within the locality. There are a number of properties of Summerhill Road that have similar rear garages and outbuildings and therefore the overall proposal is not deemed out of keeping within the surrounding area. There would be no glazing to the rear that would result in the overlooking and loss of privacy of the neighbouring properties. There would be one window installed on the south western elevation of the proposed garage building, however this would be finished in frosted glazing and therefore would not impact upon No. 110 Summerhill Road.

1. The proposed use however would cause increased comings and goings as there would be two residential units, including the main dwellinghouse, on the one site which in turn would impact upon the residential amenity of the neighbouring properties, more so for the local residents of No. 114 Sumerhill Road.

1. Whilst it could be argued that there has been an example of similar development at 114 Summerhill Road, one should note that the proposed garage with an open plan guest/study room with shower and sink unit above is smaller in length and width and 0.4 metres taller than the proposed given the topography of the landscape. The garage with accommodation above at 114 Summerhill Road is also linked to the main dwellinghouse and therefore is not dependent from the main house as is proposal contained within this current planning application.

1. In terms of the impact on the street scene, the proposed building would be wholly visible from Strathallan Lane, however not of a scale to appear as a discordant or damaging feature in the street scene.

1. It is considered that the level and nature and location of proposed development is deemed unacceptable with the proposed building providing inadequate levels amenity for both the proposed ancillary living accommodation and the main dwelling.

1. Overall the planning application is concluded not to accord to the provisions of Policy O/RES/P/21 of the Onchan Local Plan 2000 (Map No. 1) and General Policy 2 (b, g, h), Environment Policy 42 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

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

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Isle of Man Water & Sewerage Authority

Recommendation

Recommended Decision: Refused

Date of Recommendation: 07.02.2013

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 erection of a detached garage with first floor ancillary accommodation above represents an inappropriate form of backland development by reason of its form, design, relationship with the main dwellinghouse, layout and failing to provide levels of adequate amenity for both the new building and existing dwelling and as such fails to meet the provisions set out in General Policy 2 (b, g , h), Environment Policy 42 and Housing Policy 4 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 : 12-2-13

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