DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00252/B Applicant: Mr Rik Sanchez-Talavera Proposal: Alterations, erection of extension to replace existing garage and porch, installation of replacement windows and a detached shed Site Address: Kenilworth Crossag Road Ballasalla Isle Of Man IM9 3DX Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.06.2022

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Drawing No. C/6338/5 (B), received 23 February 2022. No new types of materials shall be added to the external elevations of the development, hereby approved. Reason: In the interests of the character and appearance of the site and surrounding area.

This application has been recommended for approval for the following reason.

The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to the Cover Letter and List of Plans, Location Plan, Photographs and Drawing Nos. C/6338/1(B), C/6338/4 (A), C/6338/5 (B), date stamped and received 23 February 2022.

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Kenilworth, Crossag Road, Ballasalla which is a two storey cottage situated to the western side of the A26. The property is set back from the edge of the highway by a vehicle length and sits within its own grounds. To the north is the residential property of Woodlyn and to the south Thie Gennal. To the rear (west) of the site is a service laneway that serves the rears of these properties for pedestrian access and links through to a dwelling Abbey Church House. - 1.2 Kenilworth is a traditional two storey cottage with the front elevation facing south into the garden. The building is effectively bookended with prominent chimneys on both gable ends. From the highway the property is viewed gable end on with a pitched roofed masonry porch and lightweight timber glazed lean-to extending the porch. The detached flat roof garage is opposite the driveway that is linked to the dwelling house with a lightweight structure. The property is bounded by a tall Manx stone wall that connects to Thie Gennal. Parking is available for two cars on the driveway. - 1.3 The dwellinghouse features portrait shaped window reveals with timber sliding sash, single glazed windows and central glazing bars. The pitched roof is finished with asbestos tiles. To the front elevation (south) is a light weight lean-to glass house structure.

2.0 THE PROPOSAL - 2.1 The current application seeks planning approval for alterations, erection of extension to replace existing garage and porch, installation of replacement windows and a detached shed. - 2.2 The first element of the proposed works would involve the erection of a side extension to replace the existing garage and porch on the north (rear) elevation of the dwelling. The new extension would be a flat roofed extension that would project from the main dwelling by 3.6m and would run along the entire stretch of the side elevation (measuring 7.9m); only set back about 100mm on the front elevation. This extension will have its external walls finished in painted render, while a hipped roofed lantern 1m x 2m would be installed on the rear section of the flat roof, and over the kitchen extension. A lean to gable wall will be created on the front elevation of the extension and over the flat roof to make the extension appear as a lean-to side extension to the dwelling when viewed from the street scene. A new white UPVC French door

• 1.5m x 2.1m will be installed at the rear of the extension creating access to the rear garden, while new UPVC sliding sash windows would be installed on the side and front elevations of this extension. The new extension would serve a new bedroom, a new W/C and an extension to the kitchen.
• 2.3 The other element of the works would involve the replacement of the existing windows on the south, west and east elevations of the dwelling with new white UPVC sliding sash windows. The existing red asbestos tiles on the roof of the main dwelling would also be replaced with slate tiles (colour not indicated).

2.4 Also proposed is the erection of a timber garden shed to the south west end of the garden south of the dwelling. The shed would measure 3m long, 2.4m wide, with a ridge height of 2.3m. It would have a pitch roof and the external walls would be finished in horizontal timber board cladding.

2.5 Other works would involve:

• i. Removing the stock on stone on the walls of the front porch.
• ii. Removing the conservatory on the south elevation of the dwelling.
• iii. Removing the lightweight timber glazed lean-to extending the porch.

2.6 The key difference between the current application and that approved under PA 20/01527/B includes the following:

• i. Removal of the circular window proposed for the side (south elevation) of the front porch.
• ii. Relocating the position of the entrance door on the front porch from the north elevation to the east elevation. The style of the door has also been changed.
• iii. Reduction in the width of the window on the first floor east elevation from 1m to 670mm.
• iv. A new supply/waste pipe would be installed on the front elevation of the dwelling to serve the new ensuite created on the first floor.

- 3.0 PLANNING POLICY

3.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential on the Area Plan for the South, and the site sits within the Silverdale Conservation Area. The site is not prone to flood risks and there are no registered trees on site, although the trees on the north-western boundary of the site form an extension which the registered tree area north of the site.

3.2 Given the site location and the nature of the proposed development, the following policies within the adopted Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application: - 3.3 General Policy 2 (GP2) (in part) 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:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces 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;

• (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; (n) is designed having due regard to best practice in reducing energy consumption.
• (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 unacceptable effect on road safety or traffic flows on the local highways;

3.4 Environment Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.5 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The standard specified in Appendix 7 is as follows:

• o 'Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling;
• 3.6 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below.

4.2 Planning Policy Statement 1/01

• 4.2.1 POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".

4.3 Planning Circular 1/98 "Buildings in Conservation Areas" states: "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME patterns and section of glazing bars and the same frame sections as the as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction"

4.4 POLICY CA/6 DEMOLITION "Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."

4.5 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 4.7 on Flat Roof Extensions,

4.8 on Side Extensions (Extensions to Side Elevations), and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme. - 5.0 PLANNING HISTORY

5.1 The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application.

5.2 PA 20/00712/B for Installation of replacement windows, erection of shed and first floor extension. This was refused in October 2020.

• 5.2.1 Reasons for Refusal: "R1: The proposed design of the two storey extension would has a detrimental visual impact upon the streetscene contrary to General Policy 2 (b) and (c) of the Strategic Plan and the Residential Design Guidance.

• R2: The proposed two storey extension by its scale, form, design, height and massing would have a negative impact upon the amenities of the neighbouring property, Woodlyn, through an over bearing impact, loss of light and overshadowing, contrary to General Policy 2(g) and the Residential Design Guidance 2019.
• R3: The proposed two storey extension by virtue of its scale, form and massing would have a detrimental visual impact upon the character of the streetscene and the Conservation Area contrary to Environment Policy 35 and the Planning Policy Statement 1/01 CA/2.

• 5.2.2 The Registered Buildings Officer's Comments on the application stated thus: "I consider due to the scale, form and massing of the proposals that they will be overly dominant against the principle building, the increase in massing will impact upon the spacing of the property with that adjacent and will neither preserve nor enhance the character or appearance of the Conservation Area".

5.3 PA 20/00713/CON for Registered building consent for demolition elements relating to PA 20/00712/B. This was approved in October 2020. - 5.4 PA 20/01527/B for Alterations, erection of extension to replace existing garage and porch, installation of replacement windows and a detached shed (Approved). This proposed works that are similar to those proposed within the current application save for the amendments which have been described in section 2.6 of this report.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 11 March 2022.

6.2 Malew Parish Commissioners have indicated that they have no objections to the application in a letter dated 6 April 2022.

6.3 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are;

• i. The visual impact of the proposed development on the existing dwelling, streetscene, and Conservation area (a(GP2, EP35 & PC1/98, PPS1/01 & RDG);
• ii. The impact upon the neighbouring amenities (GP 2g); and
• iii. Impact on Highway safety (GP 2 & TP7)

7.2 Visual impact

• 7.2.1 The proposed side extension respects the proportion, design and form of the existing dwelling and would appear as a subordinate addition to the main dwelling. Whilst the extension would have a flat roof, the lean-to gable wall on the front elevation of the extension would ensure that the extension maintains a similar roof slope as the main dwelling when viewed from the street scene. As well, the indented front elevation which would be set about 100mm behind the position of the existing roadside elevation would make it appear subordinate to the main dwelling. Moreover, the side extension would be finished to match the main dwelling in terms of the render and window style which are judged to respect the design and proportions of the dwelling and are not considered to have an adverse impact upon the character and appearance of the existing dwelling.
• 7.2.2 In regards to impacts on the street scene, it is noted that the streetscene is characterised by traditional dwellings most of which have had extensions to the rear and sides and as such the proposed works would not be out of place. In addition to the above, the extension would be finished in materials and detailing that would match the main dwelling, thereby maintaining the key features which characterises the street scene. Whilst the stuck on stones would be removed from the lower sections of the elevations of the front porch, this is not considered to create an impact sufficient to warrant refusal of the application.
• 7.2.3 The replacement of the existing windows with UPVC sliding sash throughout would be a welcome addition to the property as they would reinstate the traditional character of the dwelling. Granting the material used would be modern materials, the method of opening and appearance would reflect that of the existing thus ensuring that the window changes are in keeping with the character of the existing dwelling. In addition, the replacement slate roof tiles which would replace the non-traditional asbestos tiles, and would be a fitting addition to this traditional property and the street scene which is characterised by traditional slate roof coverings.
• 7.2.4 With regard to the proposed shed, it is noted that the shed would be of a modest scale and would be located within the rear garden of the property which is considerably concealed from public vantage points along the abutting highways due to the position and height of the existing boundary treatment and trees within the site area. It is also considered that its design and finish is timber cladding which is characteristic of most garden sheds on the island would not have any adverse impacts on the character or appearance of the application property and the area, and would be acceptable for its setting.
• 7.2.5 In terms of impacts on the character and appearance of the Conservation Area, it is considered that the property occupies a relatively prominent site along Crossag Road, Ballasalla, positioned at the edge of the Conservation area, which is characterised by traditional cottages, sliding sash windows, slate roof finishes, stone walls, painted render finishes, and low stone boundary walls, although it is acknowledged that there has been a number of modern conservatory additions or lean to extensions to the properties here. What is proposed here in the form of the sliding sash replacement windows, reinstatement of the pitched roofed porch, replacement of the non-compliant asbestos roof tiles with new slate tiles, as well as the removal of the poorly formed flat roof garage and lean-to link extension, and replacement with a flat roofed extension with front gable appearing as a lean-to extension on the elevation facing the road, would offer a considerable improvement over the existing. These would serve to enhance the character and appearance of the application building. Thus, it is considered that the proposed development would preserve the character and appearance of the Area,

complying with the requirements of Environment policy 35, Planning Circular 1/98, and Planning Policy Statement 1/01.

7.3 Impact on neighbouring amenity

• 7.3.1 In terms of the impact of the proposed scheme, particularly the side extension on neighbouring properties, it is considered that the property most likely to be impacted would be Woodlyn situated on the northern boundary of the site and only 3.77m from the existing boundary wall on this boundary. Albeit, it is not considered that the proposed extension would have detrimental impact on this neighbouring dwelling given that the side extension would only be 2.8m high (only 1.4m higher than the existing boundary wall) and would have a flat roof which would ensure that there are no overbearing impacts on this neighbour. The position of Woodlyn situated northwest of the extension with the extent of its rear wall almost aligned with the front elevation of the extension would further diminish the possibility of any overbearing impacts to occur. Also, the only window on the north elevation of the extension is a narrow window serving the shower room, which would be considerably constrained by the existing 1.4m wall on this boundary. As such, it is considered that overlooking would result from the proposed extension.
• 7.3.2 It is also not considered that the proposed shed would have any impacts on the neighbouring dwellings given its height, screened location and nature of boundary treatment around the rear garden of the application property.
• 7.3.3 Based on the foregoing, it is considered that the proposed scheme would not introduce any privacy concerns for the neighbours and there would be no loss of light or impacts on outlook as a result of the development; thus the works would conform to GP 2 (g) of the Strategic Plan and the relevant sections of the Residential Design Guide.
• 7.4 Highway Impact

• 7.4.1 With regard to Highway impact, it is noted that the removal of the existing detached garage would not impact on parking provisions within the site as the dwelling still has sufficient parking for two vehicles. Besides, the comments from DOI Highways clearly indicates that there are no concerns in relation to highway safety or parking. As such, it is considered that the proposed scheme would conform to General policy 2 (h & i) and Transport Policy 7.

7.5 Other Matters

• 7.5.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. Likewise, the scheme would not impede access to rear of the dwelling in case of fire since there is provision for a new side gate to the rear of the dwelling by the side of the extension, with a clear break created between the application property and the neighbouring property (840mm gap); which would be sufficient to prevent easy spread of fire. As such, it is considered that the scheme aligns with the requirements of Community Policies 7, 10, and 11.

• 7.5.2 The scheme would also not result in the removal of any trees on site.
• 8.0 CONCLUSION

8.1 It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 as the scheme will protect and preserve the character of the Conservation Area, and the character of the surrounding townscape is not being adversely affected. The application is therefore recommended to be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);

• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 08.06.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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