DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00906/B Applicant: Mr Peter Peniata Proposal: Erection of replacement rear and side single storey extension, installation of bi-fold doors to the rear, replacement landing window, widening of vehicle access and dropped kerb to be widened. Site Address: 2 Wybourn Drive Onchan Isle Of Man IM3 4AJ Planning Officer: Mr Paul Visigah Photo Taken: 21.10.2022 Site Visit: 21.10.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.01.2023

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. The proposed access alterations hereby approved as part of the development shall be implemented to accord strictly with Drawing No: 22/11/03 Rev B, and shall thereafter be permanently retained as such.

Reason: To ensure the provision of a means of access to an adequate standard in the interests of highway safety.

This application has been recommended for approval for the following reason. The application accords with General Policy 2 of the IOM Strategic Plan 2016, and the principles of the Residential Design Guidance 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings received on 20.07.2022 and Amended Drawings received 22.08.2022.

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

5 Governors Road, Onchan,

• 3 Governors Road, Onchan, 1 Governors Road, Onchan,

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Friend of Onchan's Heritage, 4 Falkland Drive, Onchan 'Hague Bank', 10 Governors Road, Onchan

as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with

• paragraph 2B of the Policy, as they do not refer to the relevant issues in accordance with
• paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 2 Wybourn Drive, Onchan, which is a detached, two-storey dwelling situated on the western side of Wybourn Drive. The dwelling is unique in its setting as it is the only flat roofed property with roof terrace in its immediate surroundings. - 1.2 To the side of the dwelling and attached to its side elevation is a flat roofed garage (currently used as storage) which is directly linked to its access by a paved driveway. The property has its entire frontage lined by Clipsham stone boundary wall with cap stones, which only opens up at the pedestrian and vehicular entrance. - 1.3 Within the rear garden and close to the boundary with No.4 Wybourn Drive is a flat roofed outbuilding which has its principal elevation overlooking the rear boundaries of Nos. 1 and 3 Governors Road. - 1.4 The property sits on a slightly higher elevation relative to the properties on Governors Road, but is set on a lower ground level that the neighbour to the north elevation. The boundary of the rear garden abuts a registered tree area.

2.0 PROPOSAL - 2.1 Full planning approval is sought for Erection of replacement rear and side single storey extension, installation of bifold doors to the rear, replacement landing window, widening of vehicle access and dropped kerb to be widened.

2.2 Firstly, a new flat roofed extension shall be erected within the front indent between the main dwelling and the flat roofed garage. This extension which would have its front elevation flush with the front of the garage would be finished to match the main dwelling in terms of its painted render finish and white UPVC window. The flat roof would be covered in glass fibre. This space would serve a new study for the dwelling. - 2.3 Secondly, the existing flat roofed extension at the rear of the dwelling would be removed and replaced with a new flat roofed extension that project from the rear of the existing dwelling by 2.7m (same depth as the existing extension) and stretch to enclose the rear of the existing kitchen measuring 5.2m long (2.4m wider than existing). This extension would also have a flat roof over, with parapet walls rendered to match main dwelling. Its flat roof shall also be covered in glass fibre. A new set of bifold doors hall be installed on the rear elevation of this extension, while a window would be installed on either side. - 2.4 The third element of the scheme shall involve increasing the width of the existing access from 2.6m to 3,6m. This would include changes to the piers with caps on both sides of the access, as well as alterations to the width of the drop kerb. - 2.5 Additional works would include:

• i. Raising the window cill to landing window (on the north elevation and by the existing garage to accommodate flat roof/parapet wall extension of new study.
• ii. Installing a new door and window to the rear of the utility room.
• iii. Installing a 1.2m x 3.2m lantern over the new flat roofed extension at the rear.

2.6 The application was initially proposed as "Erection of replacement rear and side single storey extension, installation of bifold doors to the rear, replacement landing window and balustrade to roof terrace and widening of vehicle access and dropped kerb to be widened." However, following comments from neighbours and other members of the public, the scheme has been amended to exclude the installation of balustrades to roof terrace. As such, the roof terrace would remain as it currently is.

3.0 PLANNING POLICY - 3.1 The application site is in an area zoned as Predominantly Residential under the Area Plan for the East (Map 6 - Onchan), and the site is not within a Conservation Area. The site is not prone to flood risks, there are no registered trees on site, and the site is not within a registered tree area, although it abuts the Government House Registered Tee Area. - 3.2 Given the location of the property and the nature of the proposed development, the following parts of the Strategic Plan are considered relevant: - 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; (g) does not affect adversely the amenity of local residents or the character of the locality; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption.

3.4 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing

• property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."
• 3.5 Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality.
• 3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 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 and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme. - 4.2 The Manual for Manx Roads sets out the minimum requirements for vehicular visibility splays from driveways. The guide for achieving the required visibility splays are clearly illustrated in Section B.3 of the Manual. Paragraphs 5.2.37 and 5.2.38 of the manual relates specifically to visibility along the street edge from driveways, while paragraphs 5.2.39 and

• 5.2.40 refer to obstacles to Visibility.

5.0 PLANNING HISTORY - 5.1 The application site has not been the subject of any previous planning applications that are considered relevant in the assessment of the current application.

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 the proposal subject to conditions for the scheme be implemented to accord with Drawing No: 22/11/03 Rev B. They also request that surface water drainage details are to be submitted and approved in writing prior to commencement (4 August 2022/23 August 2022/26 August 2022). - 6.2 Onchan Commissioners have recommended that the planning application be approved for planning purposes only (7 September 2022). - 6.3 Friend of Onchan's Heritage initially objected to the application on the grounds that the resultant appearance of the dwelling from the installation of glazed balustrades would be at odds with the concept design of the property as a whole (7 August 2022).

• 6.3.1 Subsequent to revision of the proposed scheme, they have indicated that they have no objection to the removal of incongruous elements of the proposal (24 August 2022). They also refer to a photograph submitted with their previous representation which they believe is no longer online. This photograph, is, however, still forms part of the online file for representations made on the application.

6.4 The owners/occupiers of 5 Governors Road, Onchan, object to the application on the grounds that the installation of the glazed balustrades would increase the potential for overlooking of their property. They also refer to the impacts of the balustrades on the appearance of the property (15 August 2022).

6.5 The owners/occupiers of 3 Governors Road, Onchan, object to the application due to the proposed balustrades on the existing roof terrace, which they opine would lead to overlooking of their property (15 August 2022). - 6.6 The owners/occupiers of 1 Governors Road, Onchan, object to the application on the grounds that adding balustrades to the roof terrace would increase potential for overlooking of their rear garden (15 August 2022). - 6.7 The owners/occupiers of 'Hague Bank', 10 Governors Road, Onchan, have indicated support for the proposal on the grounds that the scheme would restore and improve the wonderful forgotten Art Deco property, particularly as the property has fallen into disrepair (16 August 2022).

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of the current application are:

• a. Visual impact of the proposed development; (GP2 b & c);
• b. Impact upon neighbouring amenities (GP2g); and
• c. Highway safety impacts (GP 2 h & i)

- 7.2 VISUAL IMPACT (GP 2)

• 7.2.1 The proposed flat roof extensions reflect the design and appearance of the existing dwelling in terms of external wall finish, window and external door materials and finish, roof finish, as well as fenestration proportions and symmetry. The proportion, form, size, height, and overall design of the extensions are also considered appropriate for this dwelling. Furthermore, the positions and general approach in integrating the extensions into the fabric of the existing dwelling would also ensure that they remain subordinate to the main dwelling.
• 7.2.2 In terms of impacts on the street scene, it is considered that the proposed extension to the rear of the dwelling will have no impact upon the visual amenities of the street scene given it is located to the rear and will not be apparent. The front extension and driveway/access alteration are however, at the front of the property and as such possess the potential to impact on the character and appearance of the street scene.
• 7.2.3 With regard to the impact of the proposed front extension, it is considered that this extension will be erected within an indent on the front elevation of the dwelling. Notwithstanding, the design, finishing and appearance will be in keeping with the existing property which is unique in its setting. As such, it is not considered that the front extension would result in adverse impacts on the character and appearance of the street scene.
• 7.2.4 The alteration to the access and boundary wall are also not considered to have adverse impacts on the character of the street scene. It is considered that the frontage of the property as existing is largely characterised by the stone wall at the base with a break only created by the driveway and pedestrian access. What is proposed here would only involve the removal of a modest section of front wall to provide a wider access with the required visibility and as such is considered acceptable within the street scene; given that there is a varied range of boundary treatments for properties within the locality.
• 7.2.5 Accordingly, it is considered that the works proposed to the front elevation of the property and driveway would be appropriate for the dwelling and constitute an appropriate form of development not resulting in an adverse visual impacts upon the existing dwelling and street scene.

7.3 Impact on Neighbouring amenities

• 7.3.1 In terms of any adverse or perceived impact resulting from the proposed development, it is considered that the new fenestrations would be at ground floor level and would not alter

• considerably the existing relationship between the application property and its neighbours, such that would cause privacy or overlooking concerns. As well, the raising of the window cill of the landing window would reduce its total area and views to the neighbouring property at No. 4 Wybourn Drive.
• 7.3.2 Similarly the height and distance of the extensions from the nearby elevations of the neighbouring properties is such that would not result in overbearing impacts or overshadowing for the neighbours.
• 7.3.3 The comments from the neighbours regarding the installation of glazed balustrades on the roof terrace, which they believe would encourage the use of the roof terrace and increase the potential for overlooking from the terrace are noted. However, the balustrades no longer form part of the proposed scheme and as such would not be assessed as part of the proposal. It is, however, worth noting that the roof terrace exists as part of the existing dwelling and as such is not the subject of the current scheme to determine how is should or not be used. In other words, the current proposal cannot in any way determine how the terrace which is already insitu on site and as part of the dwelling should be used, considering it is not the subject of the current application but exists as an integral part of the dwelling on site.
• 7.3.4 Overall, it is considered that the level and scale of development proposed here, especially being single storey is considered to be relatively modest and not judged to cause harm to the neighbouring properties.

7.4 Highway Safety Impacts

• 7.4.1 In terms of impacts on highway safety, it is considered that the existing access is narrow and likely to make manoeuvring into and out of the driveway difficult especially for larger modern day vehicles. The widening to 3.6m is likely to improve access and manoeuvrability into and out of the access, and as such is considered to be an improvement over the existing.
• 7.4.2 Likewise, DOI Highways have considered the proposal and raise no issues with the scheme save for the request that a condition be imposed to ensure that the new access is implemented according to the submitted plan (Drawing No: 22/11/03 Rev B).
• 7.4.3 Based on the foregoing, it is considered that the development would not result in adverse highway safety impacts and would meet the requirements of General Policy 2 (h & i).

- 8.0 CONCLUSION

8.1 Overall, it is concluded that the planning application accords with the relevant policies of the Isle of Man Strategic Plan 2016 and the principles promoted by the Residential Design Guide, and as such is recommended for approval. - 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 in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner 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: 01.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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