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Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 42, paragraph 8.12.1.
The key issues with this application are the impact on the neighbouring properties and the impact on the street scene.
In respect of the impact on the residential environment of No.68 Ballaquark from the proposed extension at No.67 Ballaquark, the proposed extension would be set to the south of No.68 Ballaquark and would be set 2.5m from the boundary of No.68. The extension will project 600mm onto the existing rear outlet. The near habitable window is 2.9m away from the proposed extension. The proposed extension will not project any closer to the boundary of No.68 than the existing rear
outrigger. Due to the orientation of the site, the siting and the projection of the extension, it is considered the proposed extension would not cause any significant harm to the residential environment of No.68 in terms of increased visual intrusion, overshadowing, loss of light and a tunnelling effect.
In respect of the impact on the residential environment of No.66 Ballaquark from the proposed extension and decking at No.67 Ballaquark, the application site is set to the north of the neighbouring property. The proposed extension would project beyond the rear elevation of No.66 Ballaquark; however, no.67 is off set at an angle to No.66. Therefore the proposed extension would project away from the neighbour's property. It is considered the proposed extension would not cause any significant harm to the residential environment of No.66 Ballaquark.
Now turning to the decking, the application is proposing to excavate an area of raised garden to accept the proposed decking. The height of the decking would not exceed the levels of the banking. The occupiers of No.67 could at this moment use their raised garden for their enjoyment and potentially overlook the garden of No.66 Ballaquark. This proposal would create a more formal situation and may allow the occupiers of the property to sit out more on the decked area, thus increasing the opportunity to overlook the neighbour's garden. If the application were to be refused, the occupiers of No.67 could still use their raised garden and could not be prevented from doing so. In light of the fallback position, it would be unreasonable to refuse the application on increased overlooking.
In respect of the visual amenities of the streetscene, the proposed would be setback from the public highway of Ballaquark by approximately 16m and will be visible from the public highway. It is proposed that the extension will have a mono pitch design. The proposal would not be detrimental to the visual amenities of the street scene.
The applicant is proposing to create a some walling below the existing bay window on the front elevation. This is a relatively minor alteration which will not impact on the visual amenities of the locality.
A patio door is proposed to the rear of the property and will not be visible from the public highway. The installation of the door will not impact on the street scene.
It is recommended that planning permission be granted subject to conditions.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation:
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 alterations and extension to dwelling and creation of garden decking as shown in drawing numbers AT 1032.1 Rev.1, AT 1032.2 Rev.1 and the location plan date stamped 21st April 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made : Permitted Date : 4 July 2011
Signed : Signed :
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