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The site represents the residential curtilage of a dwelling which is presently under construction, situated on the eastern side of the Croit-e-Caley road and immediately to the north of the steam railway line. The house has to its north a collection of dwellings - Homfield, Lindisfarne, 1, 2 and 3, Pump Street and Pineview. Across the road is Oldbrook and to the south of the railway line is Railway Cottage.
The site lies within an area designated on the Arbory and East Rushen Local Plan as Residential and where development was indicated as being acceptable subject to the development being for a single dwelling, designed as a traditional Manx farmhouse with landscape and acceptable access and drainage.
Following the adoption of the local plan, planning permission was granted for the erection of a dwelling under PA 99/1533. Permission was granted again for the erection of a dwelling under PA 02/1097. An application was refused for extension of the permitted dwelling under PA 06/0906 (see attached). The application was refused as the Inspector considered that the extended property would not comply with the requirement for the dwelling to comply with the provisions of Planning Circular 3/91 in terms of its size and proportions and would no longer be "a simple country house as required by the Policy" (his paragraph 26).
Proposed now is the modification of the dwelling. The proposed changes are to amend the front entrance porch and alterations to doors and windows. As it is being built, there has also been a further departure from the permitted plans in that the first floor height has been increased and the overall height of the building is now 225mm higher than permitted. This was dealt with by exchange of correspondence where the Department concluded that the increase was de minimus - that is, too small to be of any practical significance within the overall context of the development and no further action was taken nor a further application required for this change. The increase in height also applies to the single storey annexes although this was not specifically referred to in the correspondence regarding the increase in height of the main part of the building.
The alterations to the front porch take the form of the increase in height of the stonework walls and roof by 300mm. Alterations to the windows include the insertion of windows on the first floor on the northern elevation and on the northern elevation of the projecting front two storey bay. Also proposed are patio doors in place of a window and a window in place of patio doors and the first floor of the southern elevation of the projecting front two storey bay.
The occupants of Oldbrook, opposite the site, and from 2 Pump Street, Pineview, Stonehouse and Lindisfarne which are all to the north of the site, object to the application. Concerns expressed include the inaccuracy of the drawings which do not show the increase in height of the singly storey annex and the inclusion of additional windows in the northern elevation which, it is suggested will intrude into the privacy and amenities of adjacent property.
The occupant of Railway Cottage also objects to the application on the basis that the description and advertisement do not clarify that the proposed works are retrospective, the raising of the height of the garage which is the closest part of the dwelling to his property will increase the impact on his privacy.
A resident of Whitbourne in Worcestershire, who owns property which is adjacent to the site, objects to the raising of the roof and ceiling levels which has already been dealt with.
Rushen Parish Commissioners and Department of Transport Highways and Traffic Division indicate that they have no objection to the application.
The Society for the Preservation of the Manx Countryside and Environment comment on fairness but do not address what the application seeks to do or refer to any material planning considerations.
The raising of the roof level is not a matter for this application as it has been determined that this is too small a departure from the permitted plans as not to warrant a fresh application. As such the matters at issue in this application are only the change in appearance and size of the porch and the addition in number of windows in the proposed dwelling. The front and rear elevations vary so little from the approved elevations that I feel there is no detrimental impact on public or private amenity as a result. The southern elevation facing towards the railway line and Railway Cottage now has the patio doors and window swapped around which has no adverse impact and the inclusion of a window in the first floor bedroom in the projecting two storey annex. This window is 23m from Railway Cottage which is further away than windows are generally required to be where there is a perceived problem of intrusion into neighbour's privacy. It should also be borne in mind that this is not a principal window in this room.
The northern elevation will change through the introduction of three new windows in the first floor, serving bedrooms 2, 3 and 4. These windows will look towards Lindisfarne, which is the closest dwelling and slightly further away to Homefield and 3, Pump Street. The closest of these properties is 20.5m from the new windows which is just acceptable in terms of the protection of the privacy of both dwellings.
However, the upper floor windows in the side elevation facing north introduce an element of view which was not previously included and whilst the distance between properties may be sufficient to avoid intrusion of privacy for the existing properties, I do not consider that the introduction of windows in this position would be neighbourly. The windows would also allow a perception of overlooking and intrusion of privacy for the occupants of these rooms, rooms which have other windows with better outlook.
I have communicated my concerns about these northern windows, to the applicant’s agent who has discussed this with his client and they now propose to omit the two first floor windows (see e-mail of 4th October, 2007). The scheme is therefore acceptable.
The objections from neighbours relate in the main to their dissatisfaction with the decision to approve the application in the first place and to the raising of the height of the property, neither of which is the subject of this application which seeks permission for what I would consider to be minor amendments to the approved scheme and, omitting the new first floor windows on the northern elevation, do not substantially alter the appearance or the impact of the dwelling.
Reference has been made to the changes resulting in a dwelling which "shows no respect for the original approval". However, it is considered that the changes do not significantly change the appearance or character of the building which was approved nor do they have a significant impact on the impact on those in neighbouring properties.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The residents of the neighbouring properties – Oldbrook, Lindisfarne, Homefield, 2, Pump Street, Pineview and Stonehouse are all very close to the site and as such should be afforded party status in this instance.
The Society for the Preservation of the Manx Countryside and Environment are not directly affected by the proposal and should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 05.10.2007
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the alterations of the permitted dwelling as shown in drawings WL/06/990/2A and the site and location plans received on 18th July, 2007 and WL/07/1039/1C received on 30th August, 2007. No approval is hereby granted to the installation of new windows in the first floor of the northern elevation which would allow intervisibility between the new house and those to the north and would as such be unneighbourly in respect of both the existing and proposed dwellings.
Note: the raising of the height of the roof and corresponding increase in height of the windows has already been dealt with by way of issue of a letter, dated 23rd July, 2007 where the Department concluded that this increase in height was "too small to be of any practical significance within the overall context of the development".
Decision Made: [Handwritten signature]
Committee Meeting Date: 07/01/07
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