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The site represents the residential curtilage of an existing semi-detached dwelling situated on the northern side of Erin Crescent in the new estate to the south east of Port Erin village. The property is a two storey property with an attached garage on the western side. Along the rear boundary with the adjoining property runs a timber fence which looks from the photographs to be approximately 1.7m high and which stretches up to three quarters of the height of the patio doors in the rear elevation.
The site lies within an area designated on the Port Erin Local Plan of 1990 as Predominantly Residential.
No planning applications have been submitted in respect of this property since its development under the provisions of the overall estate layout (PA 03/1219).
Now proposed is the erection of a conservatory on the rear elevation. This will be 5.2m wide and project 3.2m into the rear garden and will be 3.6m high. The conservatory is to be built up to the side boundary and will have a solid wall facing the fence, built up to a height of 1.6m.
Department of Transport Drainage Division recommend that a condition is attached to require that no surface water is discharged to the main sewer.
Port Erin Commissioners recommend that the application is permitted.
The applicant has been contacted with respect to the proximity of the conservatory and she has agreed to move the structure 250mm from the boundary – approximately half way between the fence and the patio doors over which the conservatory is to be built. She also offers to finish the elevation facing the neighbouring property in obscured glazing. They confirm that they will be re-fitting the fence.
The neighbour has also been contacted and they have indicated that they would wish the conservatory to be as far from the boundary fence as possible and that they would like to erect a similar conservatory in due course and do not wish to be compromised.
The conservatory, if positioned 250mm from the fence cannot practicably be positioned any further away and the applicant has indicated that they will re-fit the fence after the conservatory is erected. The neighbour indicated that they would prefer not to have to re-paint their side.
Provided the fence is re-installed and the side facing the neighbouring property is fitted with effective obscured glazing, it is considered that the proposed conservatory is acceptable and the type of structure found on modern estates, even in such close proximity to the adjacent property.
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.
Recommended Decision: Permitted
Date of Recommendation: 18.03.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 erection of a conservatory as shown in drawings 1, 2, 3 and 4 received on 11th December, 2008 subject to the conservatory being erected no closer to the boundary with number 9, Erin Crescent, than 250mm and the boundary fence being reinstated, if removed during construction works.
Note: the applicant is encouraged to ensure that the neighbour is not required to re-paint their side of the fence if the fence requires to be reinstated.
C 3.
The glass in the side of the conservatory which faces number 9, Erin Crescent must be obscured to Pilkington Level 5 or equivalent.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 19/3/09
Signed : DSR Senior Planning Officer
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