DEC Officer Report

Application No.: 20/00118/B Applicant: Mr John & Mrs Jeanette Craster Proposal: Erection of rear extension and installation of replacement roof lights and roof slates Site Address: 22 Market Street Peel Isle Of Man IM5 1AD Planning Officer: Mr Paul Visigah Photo Taken: 04.03.2020 Site Visit: 04.03.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.04.2020 _________________________________________________________________

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.

The works will have neither a neutral or positive impact on the character and appearance of the property and the surrounding CA and the works therefore comply with GP 2 and EP 35 of the Strategic Plan, and Planning Policy Statement 1/01.

Plans/Drawings/Information;

This approval relates to the supporting information, the Location Plan, the Site Plan, the Plan as existing and Proposed Plans date stamped and received on 12th February 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

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

the Owners/Occupiers of 20 Market Street, Peel

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 required by paragraph 2D of the Policy.

_____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application site relates to 22 Market Street, Peel, a mid-terrace dwelling situated towards the corner of Market Street on the eastern side of the road. - 1.2 The front of the dwelling features three UPVC sliding sash windows on the first floor, and two UPVC sliding sash windows and a painted timber door on the ground floor. The external walls are finished in painted render. - 1.3 The rear features an existing extended kitchen area and dining room - both single storey. The roof systems are designed such that they both have mono-pitched roofs slopping in perpendicular directions from each other. PROPOSAL

2.1 Proposed is the demolition of the existing kitchen and rebuilding kitchen extension with roof lantern and alterations to openings. The extension will extend from the rear elevation of the main dwelling by 5.9m and contain a uPVC lantern on the flat roof. The rear wall of the extension would be painted to match the existing dwelling. - 2.2 Additionally, it is proposed to raise the existing door on the rear elevation by 300mm, raise the rear window on the second floor by 500mm, and reform steps to back door. As well, two windows will be installed on the extension; one on the side elevation (1.2m x 1.2m) and the other on the rear elevation (1.2m x 1.2m). - 2.3 The final component of the works will include the replacement of the existing rooflights on the front elevation with new roof lights with same style and the replacement of the existing roof slates with new natural slate roof. PLANNING POLICY

3.1 The application site is located within an area identified as being mixed use on the peel Local Plan (1989) and is within the peel Conservation Area. As such, the following policies of the strategic Plan are applicable: - 3.2 Environmental Policy 35 of the Strategic Plan states:

"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."

3.3 Due to the land use designation, General Policy 2 of the Isle of Man Strategic Plan 2016 applies (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: landscaping of buildings and the spaces around them;

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and

• (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;

• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 It is also important to consider guidance and policy regarding development in Conservation Areas: Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) Policy CA/2, (Conservation Areas); "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." PLANNING HISTORY - 4.1 The site has been the subject of a number of planning applications, one of which is considered to be materially relevant to this application:

• 4.1.1 PA 09/01640/B: Erection of a replacement extension to rear elevation. APPROVED.

Note: The existing single storey rear outlet would be replaced with a single storey flat roof extension which would have approximately the same footprint as the existing. The extension would provide a kitchen diner. This is similar to the works currently proposed in this application, save the addition of the roof lights and the use windows with similar glazing bars and pattern of opening as the windows on the main dwelling.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 28 February 2020.

5.2 DEFA's Ecosystem Policy Officer has made the following comments regarding the application in a letter dated 13 March 2020:

"Action for Swifts is a joint Manx Ornithological Society and Manx Birdlife initiative which aims to learn more about, and increase the nesting opportunities for Swifts on the Isle of Man. They are looking for appropriate properties where Swift bricks or nest boxes can be installed in order to help increase the breeding numbers of these Schedule 1 Birds.

Swifts are a quintessential sign of British summertime and are often seen soaring over rooftops on late summer evenings, with their dark sickle-shaped wings and distinctive 'screaming' calls.

Swifts are entirely reliant on buildings to nest but a significant number of nest sites have been and are continuing to be lost when buildings are demolished or refurbished. Because swifts are faithful to their nest site, their breeding success is being severely affected.

The applicant may wish to consider installing a nest box on the outside wall of the property, preferably high up under the eaves, when the work to raise the existing window is being undertaken. Though not a necessary addition to the building, this would be a great ecological enhancement for wildlife in the area and any efforts to help increase the number of breeding swifts across the Isle of Man would be greatly appreciated.

More information about Swifts and nest boxes can be obtained from Janet Thompson, Secretary of the Manx Ornithological Society on 01624 835524 or from www.manxbirdlife.im/manx-birds/action-for-swifts.

5.3 There has been no written representation made regarding the current planning application by the Peel Town Commissioners at the time of writing this report, although they were consulted. - 5.4 The Owners/Occupiers of 20 Market Street have made representations on the application in a letter dated 16 March 2020: Issues raised border on:

• i. Noise of building work associated with the erection of rear extension.
• ii. Ownership and ownership disputes (including boundaries)
• iii. Reasons why previous approved development was not erected on the application site
• iv. Impact of the proposal on property values

ASSESSMENT

6.1 In considering an extension such as this in a conservation area, it important to have specific regard to potential impacts on neighbours and their amenity, and the appearance of both the site itself and the street scene or character of the area.

6.2 Impact on Appearance of the Dwelling and nature of the Street Scene

• 6.2.1 The rear extension would in effect 'tidy up' the appearance of the rear of the dwelling architecturally, and would not detract from the overall appearance of the dwelling. Similarly, the addition of the lantern on the extension would not be a detriment to appearance as it would seamlessly fit into the character to the extension which is a modern element to the dwelling.
• 6.2.2 The proposed windows will be more proportionate to the elevations on which they would be installed, when compared to the current windows on the existing extension which are poorly positioned and asymmetrical on the elevations they are on. Whilst flat roof extensions are not usually supported, particularly on older properties, the nature of the rear of this dwelling will be better fitted to a flat roof extension; as this would ensure the extension does not impact on lighting or existing views obtainable from the rear of the abutting dwellings which share this rear enclosure.
• 6.2.3 With regard to the character and appearance of the area, it is primarily the frontage of the dwelling which is visible from a public thoroughfare and therefore of more importance from this perspective. Considering the majority of the works would be at the rear, it is not considered that the impacts would be significant enough to warrant a refusal as the works will be largely hidden behind walling and will have no significant impact on the character or appearance of the CA.
• 6.2.4 The proposed changes to the roof lights, although on the front elevation of the dwelling would not be visible from vantage points along the highway due to the nature of the street (which limits views to the roof pane) and the nature of roof slope which is not easily viewable when moving along the highway. It is also noted that the new rooflights would be like for like replacements; hence diminishing any impacts that might result.

6.3 Impact on Neighbours

• 6.3.1 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.
• 6.3.2 As the extension in this case is single storey, replaces an existing part of the building, and is bounded by higher walls, there would not be a negative impact on the neighbouring amenity of the adjoining or nearby dwellings.
• 6.3.3 Whilst the owners of 20 Market Street have made representations on the current application, they have not objected to the application. Also, they have not highlighted any impacts on their property that are considered to fall within the remits of material planning

• considerations. It is noted that the works which are currently proposed in the current application will not increase the size of the existing rear extension, but would be an upgrade on its appearance and finishing. Besides, the windows which are currently proposed for the extension would be considerably smaller than that approved for similar works in PA 09/01640/B. Similarly, the proposed flat roof element with roof lantern will ensure that the proposed extension has limited impacts on No 20 Market Street, considering the roof will be lower than the existing roof system on the rear extension.
• 6.3.4 In view of the comments regarding issues related boundary conflicts and property values; these are not considered to be material planning considerations and as such do not from part of the assessment for the proposal. Issues that relate to rights over land or details contained within Deeds are civil legal disputes that lie outside the scope of the planning application as land ownership is a civil matter and would hold no weight in the assessment of a planning application. Any determination under the Town and Country Planning Act 1999 can neither create nor detract from land ownerships, any right of way, or other civil legal rights and obligations as may exist between the parties.

CONCLUSION

7.1 In summary, the proposal meets the requirements of the Peel Local Plan, aforementioned policies in the Isle of Man Strategic Plan 2016 and is acceptable. INTERESTED PERSON STATUS - 8.1 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. 8.2 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 above 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.

Decision Made : Permitted Date: 28.05.2020 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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