Officer Report

Application No.: 18/00182/B Applicant: David And Caroline Kay Proposal: Erection of a dwelling (amendments to PA 12/01690/B) Site Address: White Cottage Pinfold Hill Laxey Isle of Man IM4 7HN Case Officer : Mr Chris Balmer Photo Taken: 31.05.2018 Site Visit: 31.05.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.06.2018 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 3. Prior to the first occupation of the dwelling, the glass screen positioned at the northern end of the lower ground floor terrace, as shown on drawings P10-05 and P12-02, both dated stamped 22nd February 2018, must be erected and glazed using frosted glass. The level of obscuration used must be no less than level 5 as detailed on Pilkington's textured glass range, or equivalent. This glass screen must be retained as such thereafter. Reason: in order to maintain the privacy of those in adjacent property.
• C 4. The development hereby approved shall not be occupied until the means of vehicular access and parking area as identified on drawing number P-10-05 have been constructed/completed in accordance with the approved plans, and shall thereafter be retained for access/parking purposes only.

Reason: In the interests of highway safety and off street parking provision. Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference number P10-01, P10-02A, P10-03, P10-04A, P10-05, P12-01A and P12-02 all received on 22nd February 2018.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons 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 6(4):

The owners/occupiers of Venture, Pinfold Hill, Laxey The owner/occupier of Iona, Pinfold Hill, Laxey _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site until recent time comprised the curtilage of a semi-detached dwelling (White Cottage) which was located on the eastern side of Pinfold Hill in Lonan. The site is bounded by the attached dwelling (Venture) to the north, the MER line to the east, a detached dwelling (Iona) to the south and the A2 highway to the west. There is a drop in levels of around nine metres across the site from west to east. Changes in levels throughout the surrounding area also mean that the dwelling adjacent to the south (Iona) is set at a level above the application site. - 1.2 However, in recent time the original dwelling has been demolished and the site cleared.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a dwelling. In terms of the size, footprint, siting & finishes there are no differences to the dwelling approved under the original application 12/01690/B (and subsequent 17/00284/B). The only difference relates to the roof design, which was original approved as a very shallow roof pitched (mono-pitch), whereas the current application proposes a "A-symmetric" styled roof which is a maximum 3.6m higher than the previously approved roof. - 2.2 The proposed dwelling from the roadside would appear as a single story property although due to the changes in levels across the application site to the rear would appear as a full three storey property (plus accommodation within roof space due to velux windows proposed in roof plane). - 2.3 The main external finishes of the proposed replacement dwelling consist of smooth painted render and cedar cladding. Two on-site car parking spaces are proposed in front of the proposed replacement dwelling that access directly onto the adjacent highway.

3.0 DEVELOPMENT PLAN POLICIES - 3.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area.

3.2 On the Draft Eastern Area Plan which was published on 25th May 2018 the site is identified as predominantly residential use. - 3.3 Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:- - 3.4 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.5 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.6 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 3.7 General Policy 2 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (e) does not affect adversely public views of the sea;
• (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;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

3.8 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." - 3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns

and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.10 Environment Policy 42 states: "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. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Current parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2007. The standard for typical residential is 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

4.0 PLANNING HISTORY - 4.1 The previous planning applications are considered relevant in the assessment and determination of this application: - 4.2 Variation of condition 1 of PA 12/01690/B for the erection of a replacement dwelling, to extend the period of permission for a further 2 years - 17/00284/B - APPROVED - 4.3 Erection of a replacement dwelling - 12/01690/B - APPROVED

- 5.0 REPRESENTATIONS

5.1 Highway Services (received on 16.03.2018) comment there are no highway implications. - 5.2 Garaff Commissioners have no objection (received on 14.03.2018). - 5.3 The owners/occupiers of Venture, Pinfold Hill, Laxey object to the application which can be summarised as (20.03.2018): proposal due to new roof design will completely overshadow and dominating our house less than one metre away; new bedroom and bathroom in the roof will result in overlooking of our garden; would not have supported the original close proximity of the new build if the flat roof had not been part of the proposed design; roadside elevation will not be in keeping with houses either side; and will tower over Venture. - 5.4 The owner/occupier of Iona, Pinfold Hill, Laxey object to the application which can be summarised as (20.03.2018): proposal will curtail the amount of natural light to our kitchen window which is currently dark but the proposal will make this worse; and also will affect daylight to bathroom window as the proposal is about 12.5 higher than the original plans.

- 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; and (d) potential impact upon neighbouring amenities.

• PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES
• 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use under the Laxey and Lonan Local Plan. Of material planning weight are the previously approved planning applications (17/00284/B) for a replacement dwelling on this site, which is still extant. As such the general principle of residential development is concluded to be acceptable, again. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION
• 6.3 As for highway safety and car parking provision, in terms of parking provision the parking provision of the Isle of Man Strategic Plan 2016 generally seeks two spaces per dwelling, which has been provided on this site again. Highways Services have considered the parking provision and as well as the impact on the highway network and raised no objection. Accordingly, given these reason it is considered the proposal would be acceptable from these respects once again. POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA
• 6.4 It can be seen that the surrounding area contains a wide variety of houses of different designs, ages and sizes. There is no one overriding common house type within the area and the street scene is varied as a result of this. As highlighted earlier in this report only the proposed replacement dwelling will appear once again as a single storey building when viewed within the street scene from the west, albeit with a greater pitched roof than original approved. The impact of this building, which is set back from the highway, would not be significant within the street scene and the overall impact on public amenity is acceptable. Any public views of the application from other directions are too oblique and too far away to have any significant impact on public amenity.
• 6.5 Overall, it is considered the proportion, form, design and finish is appropriate on this site and would respect the site and surroundings and therefore comply with General Policy 2 & Environment Policy 42 of the Isle of Man Strategic Plan 2016. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES
• 6.6 Arguably, the main key issue with this application is the potential impact upon neighbouring amenities, namely overlooking, overbearing impact and/or loss of light to the neighbouring properties of Iona to the south and Venture to the north.
• 6.7 In relation to overlooking, the only new aspects which have the potential to increase overlooking over and above what was approved previously are the rooflights within the east elevation roof plane. These rooflights would serve a bathroom and bedroom. While the rooflights do introduced additional points from where a person could look out towards both neighbouring properties, it is unlikely that such overlooking would be any greater than what current opportunities from the previously extant approval; which includes Juliet balconies, windows and terraces within the rear elevation. No overlooking would occur into either neighbouring dwelling from these rooflights, given the position of them in relation to the neighbouring properties. Further rooflights in their very natural are used more for light gain within the property, rather than looking out of, as they can be restrictive give they run with the angle of the roof plane and any possibly views would be oblique rather than direct views. It is also noted the roof lights do not serve primary habitable rooms (i.e. lounge) and therefore it is unlikely any person would look out of these rooflight for prolong periods of time. Additionally, given the direct views from the rooflight are towards the expansive sea views, it is more likely person/s would be taking this seaward view, rather than looking towards the rear garden of the neighbouring properties. Finally, even with the original dwelling in place, and the topography of the area, there is/was a degree of overlooking between the properties in this area, especially over their rear garden areas.

6.8 It should also be noted that the amount of glazing within the east elevation has been reduced (lounge windows) compared to the previous approval. - 6.9 Turning to the potential loss of light, it I noted Iona is to the south of the site. Accordingly, in terms of directly sunlight, it is not considered there would be any significant amount of light lost through this proposal, namely given the suns orientation (east to west). It is also noted that this neighbouring properties main living accommodation (living room) will be unaffected by the development, namely given the main sources of light and outlooks are within the rear elevation of the property. The kitchen window mentioned by the neighbours is believed to be located at the upper ground floor level of the property (level with road level), within the northern gable end wall (taken from a previous plan for the property) and with a flat roofed garage located between this window and the application site. The proposed dwelling is set back from this window and due to this and as the pitch of the proposed roof, is fairly shallow to the front (no substantially taller than the previous approval) it is not considered the proposal would result in a significant loss of light. It is also noted that in the front of this windows is the neighbours own garage. - 6.10 The occupants of the neighbouring property Venture are more likely to be affected by loss of light by this proposal, given this property is located to the north of the site. Again the property (excluding basement level) does not project past the rear elevation of Venture. The neighbouring property also has a rear flat roof extension. The proposal would not result in any loss of light into the neighbouring property, given there are no windows within the gable elevation of the property, nor as mention does the new proposal go beyond the front or rear elevations of Venture. Furthermore, while there would potentially be some loss of light to the rear garden (early afternoon), again given the neighbours own rear extension and height of their property above the garden level, the potential for significant loss of light created by this development (or original/previous approval) would not be substantial. - 6.11 In relation of the proposal having an overbearing impact upon the outlooks of neighbouring views, again given the siting of the proposal in relation to the neighbouring properties, it is not considered the proposal would significantly affect the outlooks. Views from the gable windows/rear balcony of Iona, the proposed dwelling would appear as a single storey property with pitched roof above, due to the level differences of the site, and the two lower floors of the new dwelling would be below the ground level of Iona. In terms of outlooks to Venture, again given the dwelling's siting and the rear extension of Venture, there would be no views from this property to the new dwelling. Views would only be achievable from the rear parts of the garden of Venture, looking back at the site, and such views would be of the majority of the rear elevation of the property. However, it is not considered the views from this location warrant a refusal, nor are they unique, given a similar relationship exists between the application site and the neighbouring property Iona. - 6.12 Overall, in terms of potential impact upon neighbouring properties, clearly as the proposal would be taller and of a greater mass, the extant approval; given the new roof design, the proposal would likely have a greater impact; however, it is not considered the proposal would result in a significantly adverse impacts to warrant a refusal for the reasons given.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, impacts upon neighbouring amenities, or result in significant impact upon the on street parking in the area. It is therefore recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee 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 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 13.06.2018 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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