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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on Groudle Road in Onchan. The proposed development comprises alterations and extension to the dwelling contained within the application site. 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 the current planning application:
Planning application 08/02011/B sought approval for alterations and erection of extensions. This previous planning application was approved on the 20th January 2009. A subsequent appeal against the approval was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 21st July 2009. The stated reason for refusal was:
"The development would adversely affect the amenities of the residents of No. 27 The Fairway, due to its mass and proximity, and would therefore be contrary to General Policy 2(g) of the Isle of Man Strategic Plan."
A copy of the appeal decision for this previous planning application has been placed on the file for the current planning application.
REPRESENTATIONS
Onchan District Commissioners recommend that the planning application be refused. The grounds for their objection can be summarised as concern that the proposal does not significantly alter from that proposed by previous planning
application 08/02011/B, which was refused on appeal. As such, it is their view that the previous reason for refusal remains valid and the proposal would adversely affect the amenity of the residents of 27 The Fairway and therefore be contrary to General Policy 2(g) of the Isle of Man Strategic Plan 2007.
The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application. The owners and/or occupants of 27 Fairway Close, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal does not significantly alter from that proposed by previous planning application 08/02011/B and that the adverse impact on amenity remains unchanged.
The owners and/or occupants of 35 Groudle Road, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal does not significantly alter from that proposed by previous planning application 08/02011/B and that the adverse impact on amenity remains unchanged.
The owners and/or occupants of 28 Fairway Close, which is located south east of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal does not significantly alter from that proposed by previous planning application 08/02011/B and that the adverse impact on amenity remains unchanged.
The owners and/or occupants of 26 Fairway Close, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal does not significantly alter from that proposed by previous planning application 08/02011/B and that the adverse impact on amenity remains unchanged.
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/21 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan 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."
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:
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.".
The planning application seeks approval for alterations and extension to the dwelling contained within the application site, which change the existing dwelling from a bungalow with roof accommodation into a true two-storey dwelling. The proposal increases the overall height as well as changing the position and orientation of the dwelling.
In terms of assessment the conclusion of the appeal against the approval of previous planning application 08/02011/B is a significant material consideration in the assessment of the current proposal and must carry significant weight. The conclusion of this previous planning application was a refusal on the grounds that the development would adversely affect the amenities of the residents of no. 27 The Fairway, due to its mass and proximity, and would therefore be contrary to General Policy 2(g) of the Isle of Man Strategic Plan.
The main difference between the current proposal and that proposed by previous planning application 08/02011/B is the use of a hipped roof, presumably as a means of reducing the mass of the resultant development. In all other respects the proposed development appears to be the same as that previously proposed. It is therefore considered that a key question is whether this change appropriately addresses the concerns of the previous planning application and whether the mass and proximity of the proposed development therefore does not cause unacceptable harm to the amenities of surrounding properties, and in particular no. 27 The Fairway.
After due consideration it is concluded that whilst the introduction of a hipped roof does reduce the mass of the resultant development still remains significantly larger than the existing situation and the proximity is unchanged. As a result, it would still have the adverse impact referred to within the conclusions of the appointed Planning Inspector for the appeal the approval of previous planning application 08/02011/B. The proposal therefore does not sufficiently address previous concerns and remains unacceptable to the amenity of no. 27 The Fairway. It is recommended that the planning application be refused on that basis.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Recommended Decision: Refused
Date of Recommendation: 04.11.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The development would adversely affect the amenities of the residents of No. 27 The Fairway, due to its mass and proximity, and would therefore be contrary to General Policy 2(g) of the Isle of Man Strategic Plan 2007 and Policy O/RES/P/21 of Planning Circular 1/2000.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date: 16/11/09 Signed: Amance Senior Planning Officer
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