DEC Officer Report

Application No.: 20/00751/B Applicant: Stu Osborne Proposal: Demolition of existing conservatory to create roof terrace and balustrade Site Address: 5 Upper Dukes Road Douglas Isle Of Man IM2 4BA Planning Officer: Mr Peiran Shen Photo Taken: 12.08.2020 Site Visit: 12.08.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.09.2020 _________________________________________________________________

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. This application is considered to comply with General Policy 2 and Environemnt Policy 35 of the Strategic Plan and the Residential Design Guide.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing no. 01, 02 date-stamped as having been received on 14th July 2020. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The application site is the residential curtilage of 5 Upper Dukes Road, Douglas, a twostorey mid-terrace dwelling with a basement located at the southeast of the upper Dukes Road, close to its junction with St Ninians Road. - 1.2 The rear elevation footpath is at a much lower elevation compared to the front. There is three-storey visible when looking from the rear lane. There is a low-pitched conservatory on the first floor at the rear of the property (ground floor at the front of the property). There is a communal footpath at the rear of the terrace, cutting off the terrace from their correspondent back yard.

2.0 THE PROPOSAL - 2.1 The proposed work is the creation of roof terrace/ balustrade replacing the existing conservatory. - 2.2 The proposed balustrade is going to have the same floor space as the existing conservatory. The existing parapet wall will be retained and timber balustrade with a height of approx. 1.1m will be installed on top of the parapet wall. The colour of the balustrade will match the existing rear gate. The exposed wall will be finished in white painted smooth render to match existing. Hopper and downpipe will be installed at the southwest bottom of the parapet wall and connecting to existing rainwater gutter.

3.0 PLANNING HISTORY - 3.1 Erection of a conservatory was approved under PA 87/04485/B.

4.0 PLANNING POLICY - 4.1 In terms of local policy, the site lies within an area designated as Predominantly Residential Use in the Douglas Local Plan 1998. The site is also within the Olympia Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 4.3 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".

4.4 "8.12.1 Extensions to Dwellings in built-up areas or sites designated for residential use: 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 an existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general." - 4.5 Environmental Policy 35 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."
• 4.6 It is also important to consider 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."
• 4.7 Residential Design Guidance (July 2019) provides advice on the design of new houses and extensions to an existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.
• 4.8 RDG 4.7 Roof Terraces, Balconies, Decking and Patios sets out some key considerations. It states that for terraced and semi-detached properties, it is unlikely to be acceptable; and for detached properties, it has to be carefully designed to avoid unreasonable overlooking of neighbouring properties (including gardens). Large separation distance and strategically placed screens may help avoid overlooking but may also cause loss of light or being overbearing to the neighbours. It may also have a visual impact on the street scene and the individual dwelling.
• 4.9 RDG 7 sets out key considerations regarding the impact on neighbouring properties. These include the potential loss of light/overshadowing, overbearing impact upon outlook and overlooking resulting in a loss of privacy.

5.0 REPRESENTATION - 5.1 Douglas Borough Council has no objection on this application (10/08/2020). - 5.2 DoI Highway Services do not oppose this application (04/08/2020).

6.0 ASSESSMENT - 6.1 The main concerns for this application are its impact on the character and street scence of the Conservation Area and its impact on the amenities of the neighbours. - 6.2 The extension is at the rear of the property. It is next to a communal footpath but it's rarely visited by the public. The balustrade is considered an improvement in design compared to the existing conservatory. Therefore, there is no adverse impact on the character or streetscene of the Conservation Area. - 6.3 Since the dwelling is part of a terrace, it is against the RDG in proposing a balustrade. However, the unique situation of the terrace meaning overlooking into the neighbouring properties is inevitable as every property has a stair leading down to the communal footpath. The proposed balustrade does not worsen the overlooking situation. In addition, the proposed balustrade has the same vantage points as the existing conservatory so there is no change in overlooking. The impact of overlooking is therefore considered acceptable. - 6.4 Because the dwelling is part of a terrace, the replacement of conservatory by a balustrade reduces the loss of light and overbearing impact upon the outlook of neighbouring properties.

- 7.0 CONCLUSION

7.1 The proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and Residential Design Guide Section 4 and 7. Therefore, it is recommended for an approval.

8.0 INTEREST 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 which 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: 17.09.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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