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The site represents the residential curtilage of an existing semi-detached cottage which sits on the northern side of Bradda Road. The rear garden extends up above the rear of the property into the headland beyond.
The site lies within an area designated as Residential on the Port Erin Local Plan.
Planning permission was granted for the installation of plastic-framed windows under PA 99/0108.
Proposed here is retrospective permission for the creation of terracing to the rear of the property. This has already been undertaken and has metal railings and on the upper level with safety glass. The terracing takes the form of two levelled areas at the rear.
Port Erin Commissioners indicate that they will make comments on the application after 22nd January, 2008.
The occupants of Sunnymount object to the proposal as the increased height of the decking affects the privacy of their rear garden and the noise which travels to their property adversely affects them: this could all be mitigated if a higher wooden fence were erected on the boundary.
The occupants of Halewood, to the west of the site, raise no objection subject to the existing hedging and bushes being retained.
The applicant has provided a response to the points raised by the neighbours. They suggest that prior to the decking and railings, there was no boundary treatment and the decking has raised the level of the terrace by only 38cm. They also suggest that they have spoken with the neighbours throughout and before the works started and that some exchange of noise between properties which are semi-detached.
There is already a close relationship between the properties and the raising of the level of the rear terrace by the 38cm which is suggested by the applicant, or the 50 or cm which would appear from the photographs to be the increase (where the timber work sits on the wall) will not change this significantly. Whilst a solid timber fence between the properties would afford more privacy for both dwellings, as there would appear not to have been a fence there previously and as such the fence/railings which have been erected do not worsen the situation in respect of privacy.
The applicant has indicated that they have no intention of removing any hedging.
Bearing in mind the juxtaposition of the properties, some inter-visibility is to be expected whether from windows in the property or within the garden areas. In this case, it is not considered that the change in the viewing perspective is so significant as to warrant refusal of the application.
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 occupants of Sunnymount and Halewood are immediately alongside the application site and as such should be afforded party status in this instance.
Recommended Decision: Permitted Date of Recommendation: 05.02.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
N : Notes attached to conditions R : Reasons for refusal
C 1. This permission relates to the installation of decking and glazed handrails as shown in the photographs and drawings received on 11th December, 2007.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 15/7/08
Signed : L. L. L. Mrs F Mullen Senior Planning Officer
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