DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01040/B Applicant: Mr & Mrs Nathan Pledger Proposal: Erection of single storey extension with roof terrace to rear of dwelling Site Address: 3 Alexander Drive Douglas Isle Of Man IM2 3QD Planning Officer: Mr Paul Visigah Site Visit: 16.09.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.01.2023

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 1.9m high privacy screens on the southern, eastern and western sections of the first floor terrace on the rear elevation of the dwelling (shown on Drawings. 22 1657/03 and 22 1657/05) shall be installed prior to the use of the terrace and then permanently retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

• C 3. The glazing on the rear balustrades shall be finished in opaque glazing similar to the glazing on the proposed privacy screens as detailed in the correspondence from agent received 20 January 2023. The obscure glazed balustrades shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: The proposal has been assessed on the submitted documents and drawings, and any changes may have a different impact.

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 submitted documents and drawings received on 21.08.2022, and Agents Correspondence received 20.01.23. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following property 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 6(4):

• 34 Woodburn Square, Douglas, 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 SITE - 1.1 The application site is the residential curtilage of 3 Alexander Drive, Douglas. A mid terrace dwelling sited on the southern side of the Highway, Douglas. - 1.2 The existing dwelling is finished in a smooth render and has white timber framed sliding sash windows on the front and rear elevation. The dwelling has a pitched roof with chimney stacks at the junctions with the neighbouring properties. - 1.3 The properties on Alexander Drive, as well as those within Woodbourne Square which back onto the terrace to which the application property belongs have significant built development within the rear yards. There is a mix of single and two storey extensions to the rear, with a range of roof types. Some of these properties have roof terraces at the rear with views to the rear lane. - 1.4 Many of the rear yards here are enclosed by masonry walls with access created via pedestrian gates or vehicular access gates.

2.0 PROPOSAL - 2.1 Planning approval is sought for erection of single storey extension with roof terrace to rear of dwelling. The proposed single storey rear extension to the rear would be enabled by the removal of the existing kitchen and covered yard at the rear. This new rear extension would project from the rear of the main dwelling by 6m, be 5.4m wide and 2.8m high (2.3m to the eave/ceiling level). The external walls would be finished in smooth plain render to be finished with sealer and masonry paint, similar to the existing dwelling. The flat roof over would be finished in light weight paving slabs on proprietary support pedestals/cups on dark grey fibreglass or single ply waterproof membrane. A new "EOS" contemporary flat roof light unit - 2m x 1m will be installed over the flat roof to provide lighting to the kitchen.

2.2 All proposed external doors to be light grey UPVC or powder coated aluminium framed, double glazed units,

2.3 As the flat roof over the extension would be capable of supporting a roof terrace, other works to enable the creation of a roof terrace over the rear extension would include:

• i. Lowering the window cill to the window serving the stairs to create a door access to the terrace.
• ii. Installing a new 1.9m high obscure glazed privacy screen that would run along the entire boundary with Nos. 1 and 5, and a 2.2m section of the rear elevation facing 34 34 Woodbourne Square. Obscure glass privacy screens are to be set between light grey powder coated aluminium frames
• iii. Installing glass balcony panels 1m high to cover the remaining section of the rear of the terrace facing the rear lane. Glass panels to be set in proprietary stainless steel foam lined clamping brackets.

2.4 Following comments from the owners/occupiers of 34 Woodburn Square, Douglas, the applicant's agent has provided correspondence which seeks to clarify matters related to the type of glazing for the balustrades to the roof terrace (20 January 2022). This correspondence indicates that the glass balustrade being fitted with obscure glass.

3.0 PLANNING POLICY - 3.1 The application site is within an area zoned as Predominantly Residential Use on the Area Plan for the East (Map 4 - Douglas), and site sits within the Woodbourne Road Conservation Area. On the opposite side of the road is the Selborne Road Conservation Area. The site is not prone to flood risks. As such, the following Strategic Plan policies are considered relevant: - 3.2 General Policy 2 states (in part) that development which is in accordance with the landuse 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;
• (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;

• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; and
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding.

3.3 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." - 3.4 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

3.4 Environment Policy 35: 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 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 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas 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 and within section 3 of this report. - 4.2 Planning Policy Statement 1/01 "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 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,

4.11 on Roof Terraces, Balconies, Decking and Patios, 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 not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning 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' in a letter dated 2 September 2022. They have also noted that they find the application to have no significant negative impact upon highway safety, network functionality and /or parking.

6.2 Douglas Borough Council have indicated that they have no objection to the application (2 September 2022). - 6.3 The owners/occupiers of 34 Woodburn Square, Douglas, which is the adjacent property to the rear have indicated that they do not object in principle to the proposed changes but would like clarification that all glass on the terrace/balcony area will be obscured. They note that the documents state that that the taller panels will be. However, there is no mention of the lower size glass being obscure.

- 7.0 ASSESSMENT

7.1 In assessing the potential impacts of the proposed development, the main issues to consider are;

• a. the impact upon the character and appearance of the property and the surrounding area in general, and
• b. the impacts upon the amenities of the neighbouring properties;
• c. There would be no impacts on parking or highway safety as the scheme does not alter the existing relationship in terms of parking and access, and the scheme would not result in increased occupancy.

7.2 Character and appearance (GP2 b, c & g, EP 35, ST4, & PPS 1/01)

• 7.2.1 In assessing the impacts on the character and appearance of the existing dwelling, it is noted that what is proposed within the current scheme alters considerably the built form of the existing building (from the rear). Whilst the proposed change would be contemporary, the form, mass and materials would fit seamlessly into the existing built fabric on site.
• 7.2.2 It is also considered that the proposed works would remove the existing single storey rear lean to rear extension and covered yard and replace it with the proposed extension which would cover the entire rear yard; works which are considered to tidy the appearance of the rear which has a combination of conflicting roof slopes.
• 7.2.3 It is also judged that the rear extension would not be visible from the main thoroughfare which is the principal view and given prominence within the Character Appraisal for the Conservation Area within which the property is situated. It is also considered that the works would be within the rear lane which is not a particularly important element of the terrace, considering the limited attention paid to the appearance of the rear of the properties here (as evidenced in the varied levels of attention to detail here). Moreover, the proposed works would offer and improved appearance over the current state of the rear of the property abutting the lane which comprises the boundary wall and gate which offers little aesthetic appeal and reflects the common views on other properties within the rear street scene.
• 7.2.4 Overall, it is considered that the proposed works would improve the appearance of the rear of the property over the existing, which would serve to enhance the appearance of the area. Given the above, it is considered that the propose scheme would comply with the requirements of Environment Policy 35 and Planning Policy Statement 1/01.

7.3 Impact on Neighbours (GP2 & RDG 2021)

• 7.3.1 The key considerations in terms of impact on neighbours are risks of overshadowing and/or overlooking and loss of privacy to dwellings within 20 metres of the site dwelling.
• 7.3.2 In the case of the proposed development, it is considered that although the works would create a first floor terrace, it would bounded by high privacy screens on both sides and a section of the south elevation where the potential to directly overlook a window on the rear outrigger of 35 Woodburn Square. As such, it is not considered that there would be direct views into any neighbouring habitable room as a result of the privacy screening proposed within the scheme.
• 7.3.3 In terms of overlooking impacts towards neighbouring rear yards, particularly properties on Woodburn Square to the south elevation, it is considered that there would be views towards the rear yards of these neighbours. However, the height of the terrace set at 2.8m high above the level of the rear lane, the existing boundary walls and high gates that enclose the neighbouring rear yards (which are predominantly set above 2m), together with the separating distance between set by the rear lane at about 3.6m, would diminish any overlooking impacts that results. It is also considered that a number of these neighbouring properties have balconies and terraces on their rear elevations or rear outriggers, and as such any overlooking of rear yards would be mutual.

• 7.4.3 Additionally, the position relative to the development within neighbouring rear yards, distance from the neighbouring boundary walls, and the built form at the rear of the sites that

• are directly adjacent on both sides, would ensure that there is no loss of light for the neighbours or overbearing impacts.
• 7.4.4 It is, therefore, considered that the proposed development would not appear unduly overbearing, result in significant levels of loss of light, or create significant levels of overlooking to the neighbouring properties, given the level of built form at the rear of its adjacent neighbours. As such, the proposal would be broadly compliant with the requirements of General Policy 2 (g) of the Strategic Plan and the principles promoted by the Residential Design Guide.

- 8.0 RECOMMENDATION

8.1 It is concluded that the proposal complies with General Policy 2 and Environment Policy

35 of the Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, and is supported.

- 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: 02.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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