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Applicant: Ms Lindsay Reid Proposal Erection of a single storey extension to side elevation Site Address 27 Cannan Court Kirk Michael Isle Of Man IM6 1FA Case Officer : Miss Lucy Kinrade Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 09.02.2022
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
This application has been recommended for approval for the following reason. A number of issues have been raised by neighbouring residents and the local commissioners in respect of matters which fall outside of the remit of planning such as construction works and associated construction traffic. In determining the material planning matters of the proposal the application is considered by reason of its siting, size, scale, design and material finish the proposal is considered to have an acceptable visual, amenity and highway safety impact so as to comply with General Policy 2 b, c, g, h and i and to meet with the general principles set out in the Residential Design Guide 2021.
Plans/Drawings/Information;
This approval relates to drawing number 01 Rev A and 02 Rev A, and a Design Report by the agent all date received 17 November 2021.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
It is recommended that the following organisation should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).
________________________________________________________________ Officer’s Report
0.0 PREAMBLE - 0.1 This application was deferred from 21.02.22 for a site visit.
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE OFFICER'S RECOMMENDATION IS CONTRARY TO WRITTEN SUBMISSIONS OF MEMBERS OF THE PUBLIC 3 OF WHICH WILL BE AFFORDED INTERESTED PERSON STATUS.
SITE
1.1 The application site represents the residential curtilage of 27 Cannan Court, Kirk Michael, a semi-detached bungalow located on at the northern end of Cannan Court at the end of the cul-de-sac. The bungalow is one of twelve forming part of the sheltered housing complex. - 1.2 The dwelling sits on a triangular plot, there is a shared front facing gable with windows facing towards the road. The main front door is provided on the end gable elevation. There is an existing driveway running along the boundary with No. 26. This driveway turns at right angle to follow the line of the house. Set back towards the back of the house is a detached single garage. - 1.3 The dwelling is finished in painted masonry render and has its main entrance on the south elevation. There is an existing flat roof conservatory on the rear elevation. PROPOSAL
2.1 Approval is being sought for the demolition of the existing garage and the erection of an extension on the end gable. The extension is to measure 4950mm x 5625mm, with a smaller infill nearest the front to provide a front porch.
2.2 The extension is to be set down and back from the main house, with a central pitch measuring 4.2m and eaves 2.7m matching the main house. - 2.3 The driveway is to be re-aligned to run along the length of the boundary rather than turn the corner. The overall proposed length of the driveway is approx. 14m PLANNING HISTORY
3.1 There have been no applications for the dwelling since its original approval in the 90's. PLANNING POLICY - 4.1 The site lies within an area designated on the Kirk Michael Local Plan (1994) as 'Predominantly Residential' and the site is not within the Kirk Michael Conservation Area. Given the nature of the proposal it is relevant to have regard to General Policy 2 (b, c, g, h and i) which assess visual impact, impact on neighbouring properties and highway safety matters. The Residential Design Guide 2021 is also a material consideration which provides advice on the design of extensions to existing properties (Section 4.0) as well as how to assess the impact of such development on the general streetscene and on the living conditions of those in adjacent residential properties (Section 7.0).
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Kirk Michael Commissioners - objection (05/08/2021 and 04/02/2022) - concern for the quality of the environment given the elderly residents living in the sheltered housing complex. The estate was originally built to mirror each other and the proposal will be out of keeping with this. They further add that if approved a proviso is added stipulating that the property cannot be changed to a holiday home as the residents are all mid 70 years upwards. Concern also for the construction activity during the course of the works.
5.2 Department of Infrastructure Highway Services - No highways interest (08/07/2021 and 18/11/2021) - The minor widening of the driveway would be beneficial for car parking purposes. Separate legislation covers construction matters and a contractor would be expected to meet legal obligations and regulations for accessing and egressing a site, use of the public roads for parking, equipment and materials, and safe working on site. - 5.3 There have been a number of objections received from neighbouring properties including:
5.4 A representative of Kirk Michael Sheltered Housing Association (19/07/2021) objection Extensions and external alterations will significantly alter the character and layout of Cannan Court and will not enhance the local environment with reference made to both Strategic Polices
6.1 There have been a number of comments received from neighbouring residents and the local commissioners raising some procedural matters, material planning considerations and some non-material planning considerations all of which will be addressed later in this report. The key planning issues relevant to a decision in this case would be whether there are any adverse visual impacts on the character or appearance of the dwelling or the surrounding streetscene (GP2 b, c, and g), whether there would be any adverse impacts on the amenity and living conditions of those in adjacent properties (GP2 c and g), and whether there would be any adverse impacts to highway safety (GP2 h and i). Procedural Matters
6.2 It has been indicated by neighbours throughout the process that yellow and green notices for the planning application have not displayed properly or for the full length of time. On the contrary the applicant and agent state that the signs were erected and for the full periods of time with a bout of bad weather effecting the sign for a short period. The application has received a number of comments and objections since the first yellow notice, and on circulation of the revised plans and green notice further comments have been received. Those who had already commented would have also been notified by the Department as to the new plans and that new comments would be welcomed. Minded of the length of time, the comments received and that the application is to be determined by the Planning Committee is it not considered that there have been any shortcomings in the process of the application nor is anyone considered to be disadvantaged. It is considered that the application can progress to a recommendation accordingly. Material and Non-Material Planning Considerations - 6.3 Material planning considerations state which issues can be taken into account when a decision on a planning application is made. They aim to ensure that the decisions made are rational ones, based on assessment rather than personal opinion and bias. Examples of material planning considerations would be planning policy, previous planning appeals, loss of light, visual appearance or overshadowing. Non-material planning considerations are issues that are not relevant to the decision making process these may include matters controlled under building control or separate non-planning legislation such as drainage details, structural stability, fire precautions or matters covered by licences. Other non-materials considerations may be loss of property value, problems occurring during construction, land/boundary disputes or legal deeds of covenant. - 6.4 A large proportion of comments received from neighbouring properties relate to nonmaterial planning considerations such as construction work and construction traffic, extractor
flues, pipe work, man holes and electrical/gas changes which are matters dealt with under separate building control legislation and licenses. Internal arrangements and layouts are not material as these can be changed without the need for planning approval. The comments do however raise material planning considerations in respect of the driveway proposals resulting in a narrower drive with cars potentially overhanging and obstructing access into No. 26. Kirk Michael Sheltered Housing Association also state that the works will significantly alter the character of Cannan Court to the detriment of the local environment. These highway and visual issues are covered in more detail in the planning assessment below.
Planning Assessment
6.5 Aforementioned, the key planning issues in this case fall to the visual impact, neighbouring amenity impact and highway safety impact as a result of the proposed extension. Visual impact - 6.6 The extension follows the Residential Design Guide 2021 in being stepped back, stepped down and of a size and scale so as to be subordinate to the main house. The orientation of the main dwelling and the set-back position of the extension also limits it prominence from the streetscene. The extension will of course bring a visual change to the overall appearance of the dwelling especially when compared to its largely unchanged neighbours, however this is not considered to be an unacceptable visual change minded of the acceptable size, scale and siting, and its overall design and finish being in-keeping with the main house. The proposed extension is considered to have an acceptable visual impact on the existing dwelling and on the surrounding streetscene in line with General Policy 2 b, c, and g, and in turn Strategic Policies 3 and 4, and to meet with the principles of the Residential Design Guide 2021 (section 4.0). Amenity Impact - 6.7 The property likely to be most affected by the development is No. 26 Cannan Court. The position and orientation of these two dwellings around the turning circle for the small estate means that the distances between the properties increases the further back into the site you go. Nearest the front of the dwellings the gap is approx. 4.2m, between here is where the driveway for each dwelling runs. Towards the rear of the site the gap between the existing shed/garage to be demolished and No.26 nearest elevation is approx. 7m. - 6.8 While there will be no changes to the gap at the front of the properties, there will be a reduction to 5m towards the rear, and yes these extension changes will be most notable from No. 26, however given the acceptable size, scale, set back position and given the driveway gap that will remain between the two properties the proposal is not considered to result in any overbearing or outlook impacts on the amenity or living conditions of No.26. - 6.9 Siting and positioning of the front door and WC window are as such that they do not result in any adverse privacy or overlooking impacts beyond the existing arrangement as to raise any concern on amenity or living conditions of No. 26. A condition relating to obscure glazing of the WC window in line with DWG 02 Rev A shall be added for the avoidance of doubt. - 6.10 Overall it is concluded that the proposal would have an acceptable impact on the living conditions and amenity of the neighbour so as to comply with General Policy 2 g and to meet with the principles of the Residential Design Guide 2021 (section 7.0). Highway Safety Impact - 6.11 Updated drawings for the application demonstrate that there are to be no changes to the first part of the existing driveway and so access to the dwelling from the cul-de-sac remains unaffected beyond the existing arrangement. - 6.12 Where changes are proposed are further to the rear where the proposal will re-align the driveway along the boundary. As existing the right hand bend limits practical parking at the site, and it is felt that the proposed changes in this case will likely facilitate an improved
7.1 By reason of the siting, size, scale, design and material finish the proposal is considered to have an acceptable visual, amenity and highway safety impact so as to comply with General Policy 2 b, c, g, h and I and to meet with the general principles set out in the Residential Design Guide 2021.
7.2 A condition requiring the new toilet window to be installed in obscure glazing shall be added accordingly, along with a condition ensuring the driveway parking is completed in accordance with the drawing detail. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 14.03.2022
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
Application No. : 21/00717/B Applicant : Ms Lindsay Reid Proposal : Erection of a single storey extension to side elevation Site Address : 27 Cannan Court Kirk Michael Isle Of Man IM6 1FA
Planning Officer : Miss Lucy Kinrade Presenting Officer As above
Addendum to the Officer’s Report
0.0 A new letter received from the owners of No. 25 Cannan Court was verbally updated to the members. - 0.1 Following the three minute speaker, a Member addressed the potential culmination of structures in this close knit estate and asked whether the PDO could be revoked so that any subsequent garage, shed, summerhouse, greenhouse or other freestanding structure would need to come back to planning and its impact properly assessed as part of a planning application. The Members unanimously agreed that a suitably worded condition would be added in this respect. - 0.2 The addition condition now applied to the approval reads as follows:
"Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:
0.3 Since the last meeting and writing of the report the IPS had been updated and this was confirmed to the Members as now being:
"It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
It is recommended that the following organisation should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
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