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Appeal no: AP09/0161 Planning application no: 09/01516/B Subject: Creation of additional roof patio on part of existing flat roof. 115 King Edward Road, Onchan. Appeal by: The applicant against the Planning Authority's decision to refuse planning approval.
Part 1
| Consulttee: | Onchan Commissioners |
| Notes: | Approve |
| Application No.: | 09/01516/B |
| Applicant: | Mr & Mrs David Pearce |
| Proposal: | Creation of additional roof patio on part of existing flat roof |
| Site Address: | 115 King Edward Road Onchan Isle Of Man IM3 2AX |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | 27.10.2009 |
| Expected Decision Level: | Senior Planning Officer |
| Construction Design Limited The Studio Glenmore Belmont Hill | Objects to the proposal |
THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on King Edward Road in Onchan. The proposed development comprises the creation of an additional roof patio on part of the existing flat roof of the dwelling. PLANNING HISTORY
The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of the current planning application:
Planning application 05/92313/B sought approval for extensions and alterations to the dwelling. This previous planning application was approved on the 24th March 2006. Condition no. 3 of the planning approval states: "The main flat roof section surrounding the observatory be restricted to access for repair and maintenance only and is not to be used for recreational purposes, which could cause an adverse impact on the neighbouring properties through overlooking and therefore a loss of privacy."
Planning application 06/01612/B sought approval for amendments to approved alterations and extensions to dwelling (PA 05/92313/B). This previous planning application was approved on the 30th October 2006. Condition no. 3 states: "The main flat roof section surrounding the observatory be restricted to access for repair and maintenance only and is not to be used for recreational purposes, which could cause an adverse impact on the neighbouring properties through overlooking and therefore a loss of privacy."
A combination of the two above planning application has resulted in the dwelling currently contained within the application site. REPRESENTATIONS Onchan District Commissioners recommend that the planning application be approved.
The owners and/or occupants of 113 King Edward Road, which is located adjacent to the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development and its subsequent use will adversely affect their private amenity. They highlight the condition no. 3 that was attached to previous planning applications 05/92313/B and 06/01612/B.
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: (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; (I) 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."
The planning application seeks approval for the creation of an additional roof patio on part of the existing flat roof of the dwelling. As can be seen on drawing no. AT1011.1 the proposed area is located at second floor level in front of a bedroom.
In terms of assessment it should be noted that this bedroom was previously described as an observatory on drawings submitted and approved under previous planning applications 05/92313/B and 06/01612/B. Whilst the use of this as a bedroom does not require planning approval it is beneficial to understand that the area proposed for use by the planning application is the area specifically referred to within condition no. 3 attached to both of the aforementioned previous planning applications. That condition restricted the use of the main flat roof section surrounding the observatory so as to avoid causing an adverse impact on the amenity of the neighbouring properties through overlooking and subsequent loss of privacy. The situation has not changed since that conclusion was previously made and at that time the condition was not questioned by the applicant. The potential use of the area does have the potential to cause unacceptable harm to the private amenity of surrounding properties and would therefore be contrary to Policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 (g) of the Isle of Man Strategic Plan 2007.
It is recommended that the planning application be refused.
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:
Onchan District Commissioners; and The owners and/or occupants of 113 King Edward Road.
Recommended Decision: Refused Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals R 1. The proposed development would result in unacceptable harm to the residential amenity of adjacent properties and therefore be contrary to Policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 (g) of the Isle of Man Strategic Plan 2007. The proposal contravenes a restriction imposed by condition no. 3 of previous planning applications and .
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 : Signed : Senior Planning Officer
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