DEC Officer Report

Application No.: 23/00014/B Applicant: Mr Lech Lipinski Proposal: Proposed Alterations to Create Ancillary Accommodation to Existing Garage Block and New Roof to Property Site Address: 62 Majestic Drive Onchan Isle Of Man IM3 2JL Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.06.2023

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.

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

Overall, it is considered that the proposal would result in acceptable impacts on highway safety and parking, acceptable impacts on the visual appearance of the existing dwelling and character of the street scene and locality, with no significant adverse impacts on the use and enjoyment of neighbouring properties. The proposal is, therefore, considered to comply with General Policy 2, Transport Policy 7, Environment Policies 42, and Strategic Policy 3b of the Isle of Man Strategic Plan 2016, and the principles promoted by the Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings all received on 11 January 2023, additional documents received 27 March 2023, and Amended Plans received 31 May 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

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

'Overseas' 3 Lag Birragh Drive, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 62 Majestic Drive, Onchan which is a two storey property situated to the southern side of the Majestic Drive cul-de-sac, with rear elevation overlooking the coast. - 1.2 The existing property has large upper patio areas and balconies situated to the southwest and southeast elevations. There are decorative balustrades around the edges of the upper patio area. The external walls are finished in stone clad and render finishes, while its roof is finished in concrete tiles. The dwelling has two large integral garages served by separate garage doors. - 1.3 Due to the nature of the site topography, the dwelling sits lower than the adjoining highway and most of the dwellings in the immediate vicinity. The topography also ensures that there is mutual overlooking and indivisibility between the application site and its neighbouring dwellings, particularly Alto Vista 35 Majestic Drive to the north and 3 Lag Birragh Drive to the east. - 1.4 The street scene is characterised by a two storey properties of varying designs and sizes, all properties mostly on the large side, with the properties on the southern side mainly split level dwellings. A high proportion of the properties on Majestic Drive have balconies or elevated terraces.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for proposed alterations to create ancillary accommodation to existing garage block and new roof to property. - 2.2 The proposed works would include:

• a. Raising the roof pitch on the dwelling and replacing the entire roof of the dwelling. The applicant explains that the current roof allows water ingress and there is a challenge with coastal winds and the lack of pitch.
• b. Raising the roof of the garage to be at the same level with the main dwelling ridge height and creating ancillary accommodation within the roof garage and one of the garages. This ancillary accommodation would have a living area/kitchenette and toilet on the ground floor, and two bedrooms and a bathroom on the first floor.
• c. Two new pitch roofed dormers would be installed on the front elevation of the garage to serve the new bedrooms on the first floor. Also three roof lights would be installed over the rear roof plane top serve the bedrooms and hallway to the ancillary accommodation.
• d. The existing decorative balustrades on the dwelling would be replaced with new decorative glass balustrades.

2.3 Other works would include:

• a. Installing a new entrance door and patio door on the front elevation of the converted garage.
• b. Replacing the window at the back of the converted garage.

2.4 The proposal initially involved the replacement of one of the existing windows at the back of the garage with new a new patio doors with Juliet balcony. However, following

comments from the neighbours at 'Overseas' 3 Lag Birragh Drive, the proposal has been amended to exclude the patio door with Juliet balcony.

3.0 PLANNING POLICY - 3.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East (Map 6 - Onchan). The property is not within a Conservation Area and its site area is largely not prone to flood risks, although there are pockets of low flood risk areas on site, with the eastern boundary of the site being within an area of medium flood risk. There are also no registered trees on site and the site is not within a registered tree area. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered to be materially relevant in the assessment of this current planning application: - 3.3 General Policy 2, which provides an overall requirement for all development, states: "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;

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 Paragraph 8.12.1 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 Strategic Policy 3 and Environment Policy 42 both focus on the visual design of developments, and state that the design of new development should take account of the local materials, character and identity of its immediate locality, including landscape features. - 3.6 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. "Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling". - 3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 7, Community Policy 10, and Community Policy 11.

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, 4.10 on Dormer Extensions, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 There is no recent previous application for the site considered materially relevant to this 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 find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking (20 January 2023/27 March 2023).
• 6.2 Onchan Commissioners have considered the proposal and recommend the application be refused on the following grounds of loss of privacy and overbearing due to roof design and density (07 February 2023/4 April 2023):
• 6.3 The owners/occupiers of 3 Lag Birragh Drive, the neighbouring property to the east have written in to object to the application on the following grounds (26 January 2023/9 February 2023/28 February 2023/21 April 2023):

• o Dormer windows are out of keeping with the existing building;
• o Dormers would directly overlook neighbouring property;
• o Raised roof would block daylight to neighbouring property;
• o Issues with build debris control and maintenance of existing building;
• o Issues of access to rear of property whilst building;
• o The site is overdeveloped;
• o Overlooking of garden of 3 Lag Birragh Drive from Juliet balconies;
• o Fire safety concerns; and
• o Potential damage to adjacent boundary hedge.

7.0 ASSESSMENT - 7.1 The main issues to consider in the assessment of the current application are:

• a. The Visual Impact of the proposal;
• b. The Impacts on neighbours; and
• c. The Impacts on highway safety

7.2 Visual Impact (GP 2, STP 3, EP 42, & RDG 2021)

• 7.2.1 In terms of the visual impact of the proposed works upon this modern property, it is considered that the proportion, form, scale, design and finish of the extensions and alterations are such that the proposal would form an appropriate form of development. This is hinged on the fact that the proposed changes would significantly improve the general appearance of this modern dwelling which has a somewhat basic architecture, and as such are considered to be fitting additions/alterations.
• 7.2.2 Similarly, the roof extension follows the form of the existing roof as it retains the pitch roof finish with the raised pitch angle considered to be more appropriate for the building. In addition, the roof ridge of the dormers are set lower than that of the main building to ensure that they remain subordinate to the main building. It is also considered that the choice of materials for the finishing of the dormer extensions, would be in keeping with the existing finish of the main dwelling; ensuring that they are seamlessly integrated into the existing building fabric.
• 7.2.3 In terms of the visual impacts of the proposal on the character and appearance of the street scene and locality, it is noted that the works will be visible from the street scene. However, the proposed changes are considered to reflect the existing design, materials and finish of the existing building and as such not considered to result in adverse visual impacts. It is also noted that the street scene comprises a mix of building designs, styles and property sizes which makes the proposed change fit seamlessly into the existing street scene which is diverse in its current state; without a dominant architectural style.
• 7.2.4 Overall, any impact on the visual appearance of the existing dwelling, and character and appearance of the area would be minimal and in accordance with General Policy 2.

Accordingly, it is considered the proposal would accord with the requirements of General Policy

• 2, Strategic Policy 3 (b) and Environment Policy 42.

7.3 Impact on Neighbours (GP2 & RDG 2021)

• 7.3.1 In assessing the potential impact on neighbours, the properties most likely to be impacted would be 'Alto Vista' 35 Majestic Drive situated directly north and 'Overseas' 3 Lag Birragh Drive to the immediate east.
• 7.3.2 Impacts on 'Alto Vista' 35 Majestic Drive

• 7.3.2.1 In assessing the impacts on 'Alto Vista' 35 Majestic Drive, it is considered that the new dormers would afford views to the front of this neighbouring property. However, it is not considered that this impact would be sufficient to warrant refusal of the scheme as the relationship between the front of both properties (the application site and this neighbour) allows intervisibility between both dwellings. Moreover, the main private garden area for this neighbouring dwelling is set at the rear and away from the proposed dormers, and would not in any way be impacted by the proposed development.
• 7.3.2.2 Additionally, the height difference between the application site and this neighbour would ensure that the application dwelling still remains subdued within its grounds when compared to Alto Vista, with the orientation of both buildings which angles windows away from each other further diminishing any concerns in respect of impacts on neighbouring amenity. Therefore, it is not considered that the proposed scheme would result in significant levels of overlooking or result in overbearing impacts on Alto Vista.
• 7.3.3 'Overseas' 3 Lag Birragh Drive

• 7.3.3.1 When considering the impacts on 'Overseas' 3 Lag Birragh Drive, the key concern lies in the potential for overbearing impacts and overlooking/loss of privacy for the private garden of this property. This is hinged on the fact that the raising of the roof and the integration of new roof lights on the rear roof plane of the garage holds the potential to impact on the neighbour at the rear.
• 7.3.3.2 In terms of overbearing impacts, it is considered that although the roof would be raised, the depressed position of the application property relative to 'Overseas' 3 Lag Birragh Drive which is set at a considerably higher ground level will ensure that the proposed roof alterations is still subdued relative to overseas. Besides, the separating distance between the closes part of the raised roof which is about 12.7m, and the orientation of the application building which is oriented away from the existing dwelling at 3 Lag Birragh Drive, and the presence of mature hedging on the boundary would ensure that any impacts that result in this regard is not sufficient to warrant refusal of the application.
• 7.3.3.3 With regard to overlooking concerns, the issue with the proposed Juliet balconies are no longer a concern as the scheme has been reviewed to exclude Juliet balconies, with the only new introduction on this elevation being the Velux roof lights, considering the windows on the ground floor rear elevation of the garage are replacement windows which do not introduce new issues over and beyond the current situation.
• 7.3.3.4 Granting the new Velux windows would afford some views to this neighbouring property, it is considered that there already exists some level of mutual overlooking from the first floor of both dwellings. More so, the inclined nature of the roof lights, the position of the base of the dormer from the eaves which is about 2.2m, and the mature hedging which sits directly adjacent the rear of the garage and which rises as high as the eaves would diminish any overlooking concerns as there would be no direct views from the neighbouring garden which is set on a considerably lower ground level relative to the position of the proposed roof lights.

• 7.3.3.5 It would be vital to note that the three Velux roof lights which are 1 square meter in area could be installed as permitted development without the need to submit a planning application as articulated in Class 28 of the Permitted Development Order, particularly as the permitted development rights for the existing dwelling has not been suspended and there is no planning history which indicates that the permitted development rights have been used for a previous development for the site. Given the above, the reason the Velux roof lights are being assessed is that two of the proposed dormers would have sizes that are slightly larger than the stipulated 1 square meter.
• 7.3.3.6 Overall, it is considered that the topography of the area, the existing boundary treatment, the distance between the raised roof on the application site in relation to the existing dwelling at 'Overseas' 3 Lag Birragh Drive, the inclined nature of the inclined nature of the roof lights, as well as the position of the roof lights within the roof plane would ensure that overlooking or overbearing impacts would be minimal and not sufficient to warrant refusal of the proposal.

7.4 Impact on Highway (GP 2 h&i, & TP 7)

• 7.4.1 In terms of impacts on highway safety, it is considered that the conversion of the one of the existing garage spaces to living accommodation would not result in adverse impacts on on-street parking in the area as the site would still have sufficient space to accommodate the parking requirements for the property inside the retained garage which measures 8.85m x 5.7m (internally) and on the hardstanding area within the site which is capable of accommodating a minimum of two cars. Therefore, the loss of part of the garage provision would be acceptable in this case.
• 7.4.2 It is also important to note that DOI Highways considers that the proposal does not raise significant road safety or highway network functionality issues, and as such d not oppose the scheme; a factor that points to the acceptability of the proposal in terms of parking and highway safety.

• 7.6.4 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), and Community Policy 10.

7.5 Other Matters:

• 7.5.1 Fire safety (CP 10)

• 7.5.1.1 It is not considered that fire safety would be a concern as the proposal does not create any increase in the footprint of the dwelling or introduce built development that would impede access to fire vehicles onto the site area. Moreover, the access into the site has not been altered by the scheme, such that it could be argued that new alterations would make it difficult for fire vehicles to access the site. As such, fire safety is not a concern with the development.

7.5.2 Overdevelopment of site

• 7.5.2.1 The comments made by the owners/occupiers of 'Overseas' 3 Lag Birragh Drive regarding overdevelopment of the site is noted. However, as has been noted in 7.4.1.1 above, there has been no increase in the footprint of the existing dwelling on site, save for the internal alterations to increase the living accommodation within the roof space of the garage. As such, it is not considered that the proposal would result in overdevelopment of the site.

7.5.3 Construction Matters

• 7.5.3.1 The matters related to impacts on hedges along property boundaries, and general construction impacts (including access to construction area, removal of construction debris, and maintenance of existing building), bear no weight as material planning considerations and as such cannot be considered in the assessment of this planning application. These issues would be better addressed via the appropriate legislation outside the remit of planning.

- 8.0 CONCLUSION

8.1 Overall, it is concluded that the proposal would result in a significantly improved dwelling over that which currently exists, meet highway safety requirements, with no adverse impacts on the character and appearance of the locality and street scene which is diverse in its current form. It is, however, important to note that the decision on neighbouring amenity, particularly the impacts on the amenities of 'Overseas' 3 Lag Birragh Drive is finely balanced when assessed against the requirements of General Policy 2 and the principles set out in section 7.0 of the Residential Design Guide 2021. It is, therefore, recommended that the planning application 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 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: 22.06.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.