Officer Report

Application No.: 15/01169/B Applicant: Mr Barry & Mrs Caroline Murphy Proposal: Erection of a conservatory to rear elevation Site Address: 57 Broogh Wyllin Shore Road Kirk Michael Isle of Man IM6 1HU Case Officer : Miss Melissa McKnight Photo Taken: 05.11.2015 Site Visit: 05.11.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of No. 57 Broogh Wyllin, a two storey detached dwelling located on the north western side of Shore Road in Kirk Michael. - 1.2 To the rear, the application site is bounded by hedging and timber fencing on all sides that has a height of just less than 1.8 metres. No. 56 Shore Road neighbours the application site to the north east and No. 58 Shore Road neighbours the application site to the south west.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a conservatory to the rear elevation. - 2.2 The extension would extend just less than 3.5 metres from the rear elevation and would have a width of 6.54 metres. The proposed conservatory would have a height of just less than 3.4 metres. - 2.3 The north eastern elevation would be finished partially with a rendered wall with a height of just less than 1.7 metres and part 0.6 metre dwarf wall. The remainder of the conservatory would have a 0.6 metre dwarf wall and be fully glazed thereon.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any individual planning applications but has formed part of wider planning applications for the residential development of Broogh Wyllin. - 3.2 Planning approval was granted in 2012 under PA 12/01040/B at No. 58 Broogh Wyllin for the erection of an extension to dwelling that measures 4.5 X 6 X 3.5 metres. This has not been built.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the site lies within an area zoned as Residential Use under the Kirk Michael Local Plan 1994.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered materially relevant 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 space 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 adverse 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."

Paragraph 8.12.1 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."

5.0 REPRESENTATIONS - 5.1 Michael Parish Commissioners have no objection to the current planning application (12/11/2015). - 5.2 The Department of Infrastructure Highway Services have indicated that the planning application has no highway implications (23/10/2015).

6.0 ASSESSMENT - 6.1 It is considered that there are three fundamental issues to consider in the assessment of this current application, 1) the impact upon the residential amenity of Nos. 56 and 58 Broogh Wyllin; 2) the impact upon the amenity of the existing dwelling; and 3) the impact upon the street scene and public amenity in general. - 6.2 Given the orientation of the dwellings, it is not considered that the extension would significantly impact upon the amount of light received at either property. There may be instances of loss of light and shadowing as the sun rises and sets but not to a degree that would excessively harm the living environment of either neighbouring dwelling. - 6.3 The extension would be erected 0.9 metres from the boundary with No. 56 Broogh Wyllin and 2.8 metres from the boundary shared with No. 58 Broogh Wyllin. It is therefore considered

• necessary to assess the impact of the extension in terms of whether or not it is considered to appear overbearing and have a harmful impact upon the residential amenity of Nos. 56 and 58 Broogh Wyllin.
• 6.4 Starting with the impact upon No. 56 Broogh Wyllin, as previously mentioned the existing boundary treatment has a height of just less than 1.8 metres. The north eastern elevation of the conservatory would have a smooth rendered solid wall with a height of just less than 1.7 metres; 1.5 metres of the remaining conservatory would protrude above.
• 6.5 The existing boundary between the two properties sits approximately 1.6 metres from the nearest point of glazing of No. 56 Broogh Wyllin and already has an effect with regards to outlook. Although the extension would be less than a metre from the shared boundary, the conservatory would be around 3 metres from the nearest point of glazing and would remain single storey with the roof sloping away from the neighbouring dwelling. For those reasons, it is considered that the proposed extension would not appear unduly overbearing and harm the amenity of the neighbouring dwelling.
• 6.6 With regards to No. 58 Broogh Wyllin, the conservatory would be just less than 2.9 metres from the shared boundary and just less than 4 metres from the nearest point of glazing of No. 58 Broogh Wyllin. For the same reasons set out above, given the separation distance between the extension and neighbouring property and the height of the existing boundary, it is not considered that the extension would not cause harm to the residential amenity of the neighbouring dwelling.
• 6.7 The proposed two storey extension to the rear of the property is not considered to be detrimental to the residential amenity of the residents of the application site. The existing dwelling enjoys a relatively sizeable garden in which the proposed extension is judged to respect in terms of layout, scale and landscape of the space around. The proposed development is not deemed to compromise the garden area.
• 6.8 Given that the proposed extension is to the rear of the property and the application site benefits from substantial screening to the rear, the extension would not be visible in its entirety from Broogh Wyllin and Shore Road and, what would be visible is not considered to be of a level or scale that would have a detrimental impact upon the street scene or public amenity in general.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, the planning application is deemed acceptable and is recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 23.11.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Drawing No. 1.7241 - L, 1.7241-S, 1.7241-101 and 1.7241-102 all date stamped as received 20th October 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 23.11.2015 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.