DEC Officer Report

Application No.: 20/00979/B Applicant: Mr Russell Cowin & Miss Kirsty Lawrence Proposal: Replacement of conservatory with a utility room, window / door alterations and installation of raised decking / paving to existing rear yard Site Address: 39 Hawarden Avenue Douglas Isle Of Man IM1 4BW Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.10.2020 _________________________________________________________________

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. Prior to the commencement of the development a detailed drawing shall be submitted and agreed in writing by the Department which demonstrates the position of the bin store and this approved scheme, shall be complete in full and retained thereafter. Reason: To ensure adequate bin storage

This application has been recommended for approval for the following reason. The proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and Residential Design Guide.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings 01, 02, 03, 04, 05, 06, 07, 08, and 09 all received on 25th August 2020. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is the curtilage of 39 Hawarden Avenue, Douglas which is a two storey mid terrace traditional property located on the southern side of Hawarden Avenue.

2.0 PLANNING POLICIES - 2.1 The application site is within an area of 'Predominately Residential' under the Douglas Local Plan. The site is within a Conservation Area. - 2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 2.3 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."

2.4 Environment 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." - 2.5 RESIDENTIAL DESIGN GUIDE 2019

- 3.0 PLANNING HISTORY

3.1 The previous planning application is considered relevant in the assessment and determination of this application: - 3.2 Erection of a conservatory to rear elevation - 06/01744/B - APPROVED

- 4.0 PROPOSAL

4.1 The application seeks approval for the replacement of conservatory with a utility room, window / door alterations and installation of raised decking / paving to existing rear yard.

- 5.0 REPRESENTATIONS

5.1 Highway Services have no objection (received on 21.09.2020).

5.2 Douglas Borough Council make the following comments (received on 23.09.2020): "Following consideration of the planning application listed below, I can advise that Douglas Borough Council would ask that the planning officer gives consideration to the bin storage at the property.

The Council has had the opportunity to review the plans and would kindly ask the applicant to provide reassurances that adequate bin storage will still be available within the curtilage of the property and that any waste storage receptacles will not have to be left in the rear lane of the property. Subject to there being no issues with the amount of space available within the curtilage of the property for the storage of waste receptacles the Council would have no objection to the application.

It should be noted that the comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation."

• 5.2.1 The applicants responded with the following comments: "The bins can be accommodated either within the external store room (which has its own door on to the lane to leave the binds out on collection day) or with a minor change to the configuration of the proposed planters in the rear yard In both cases the bins can be accommodated within the curtilage of the property I've spoken to the applicants to confirm that either approach is acceptable to them

If you need any additional information at this time or have any further queries please do let us know."

- 6.0 ASSESSMENT

6.1 The main issues to be considered in the assessment of this application are the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property and potential impacts upon neighbouring amenities.

6.2 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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.

6.3 All works are located to the rear of the property and at ground floor level. Due to this the proposal would have very little visual impact and certainly not to the character and appearance of the Conservation Area which main interest is to the front of this and neighbouring properties. Having said this the proposed works are considered a betterment over the existing situation i.e. modern conservatory and the works bring a new fresh contemporary approach.

6.4 The proposed extension would have little impact upon neighbouring amenities, namely given existing built development along boundaries to the eastern and western boundaries. This new proposal would not project beyond either neighbouring existing outlets and would

• represent a infill development. The new windows would not give raise to overlooking given heights of boundary walls and distance to properties.
• 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and Residential Design Guide therefore it is recommended that the application be approved. - 8.0 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 20.10.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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