DEC Officer Report

Application No.: 20/00265/B Applicant: Mrs Julie Cassidy Proposal: Erection of an extension to side elevation Site Address: Cass A Lergy Douglas Road Kirk Michael Isle Of Man IM6 1AT Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.06.2020 _________________________________________________________________

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.

• C 2. The tree protection measures shown in drawing 01A must be in place prior to the commencement of any excavation or building works in association with the development hereby approved and the protective fencing must be retained in situ throughout the duration of the development. Within the protected area there shall be no development, no storage of any items nor any vehicular parking.

Reason: to ensure there is no damage to the adjacent registered tree from the proposal development.

This application has been recommended for approval for the following reason. The works are considered to accord with General Policy 2 and Environment Policy 3 of the Strategic Plan.

Plans/Drawings/Information;

This decision relates to drawings 02 received on 4th March, 2020 and 01A received on 12th May, 2020.

_______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the curtilage of an existing dwelling which sits on the north eastern side of the A3 TT course just as it enters Kirk Michael. The house fronts onto the main road and sides onto a lane which serves a small number of dwellings and Isle of Man Goats (farm). The other side of the lane has been the subject of applications for the creation of a separate access (17/000678/B - approved) and a car parking area and temporary sales kiosk (19/01432/B pending consideration). - 1.2 The application property itself is associated with recent applications for the erection of two new dwellings on its land to the south east (15/00815/A - approved on appeal, 16/01401/B refused at appeal and 18/00504/B approved by Planning Committee). - 1.3 The dwelling is visible above the existing roadside hedge although existing trees screen much of the house from view on the approach from the south east. THE PROPOSAL

2.1 Proposed is an extension on the roadward side of the existing dwelling. The extension will involve the re-profiling of the lower part of the existing main roof plane on this side, reducing the pitch and continuing it out for a further 3.2m and at a width of 4.7m. The extension will accommodate additional lounge accommodation as an extension of the existing lounge within the house. - 2.2 The roadward elevation will include a tri-part patio door with double patio doors in the other two elevations. Otherwise the finishes will match those of the main dwelling. - 2.3 Following concerns from the Arboricultural Officer, additional plans have been submitted, following discussion with the AO to show a protection area around the existing trees to the south west of the house.

PLANNING POLICY

3.1 The site lies within an area designated on the Kirk Michael Local Plan of 1994 as Residential, unlike the surrounding land including that relating to the applications referred to in 1.2 above.

3.2 As such, the following parts of the Strategic Plan are relevant:

General Policy 2: "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;
• (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".

3.3 The Department has recently published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This guidance advises reference to the existing characteristics and finishes of the main dwelling. - 3.4 Environment Policy 3 protects existing trees.

PLANNING HISTORY

4.1 The property was the subject of previous applications for alterations including dormers (99/00044/B and 99/00616/B) both permitted. REPRESENTATIONS - 5.1 Michael Commissioners have no objection (20.04.20).

5.2 Highway Services do not oppose the application (01.04.20). - 5.3 The Senior Arboricultural Officer of DEFA expresses concern about the impact of the excavation of foundations for the proposed extension on the adjacent Registered beech tree (06.04.20).

ASSESSMENT

6.1 The issue in this case is whether the proposed extension would have any adverse impact on the character and appearance of the area. Given the distance from adjacent existing properties there will be no adverse impact thereon. Whilst the extension will bring the property closer to them, it is on the roadward side of the house and the nearest properties are across the road at a distance of over 20m from the nearest part of the proposed extension and the proposal is not directly opposite a dwelling but a rear garden. The extension will not bring the property any closer to the approved properties either.

6.2 Whilst the extension will bring the existing dwelling further forward on the site than it presently sits, it is still further back than the existing dwellings to the north west. The existing dwelling already sits further forward than the two recently approved dwellings but is lower and smaller than these and visually separated from them by the existing trees to be retained, and their very different appearance. There is no fixed building line or consistency of dwelling type here and the change in how close this property is to the road will not have any significant impact in itself or on the streetscene. - 6.3 The existing dwelling is not vernacular and what is proposed will not significantly or adversely affect its character or appearance. The extension is modest and will utilise the same materials as are found on the existing dwelling. - 6.4 The amended plan, 01A shows appropriate tree protection.

CONCLUSION

7.1 The works are considered to accord with General Policy 2 and Environment Policy 3 of the Strategic Plan. 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 in Article 6(4) who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 17.06.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.