Officer Planning Report

Planning Report And Recommendations {{table:11434}} ### Considerations {{table:11429}} ### Written Representations None received at time of drafting report ### Consultations {{table:11430}} {{table:11431}} {{table:11432}} {{table:11433}}

Officer's Report

The Site

1. The application site represents the residential curtilage of an existing dwelling, 7 Victoria Road, Castletown. The dwelling is a three storey end of terrace Victorian house located on the western side of Victoria Road, at the junction with Alexandra Road. The rear of the dwelling faces onto the Silver Burn River which flows into Castletown harbour.

The Proposal

1. Proposed is the erection of a replacement rear extension, in addition to the installation of replacement and additional windows.

1. The existing rear extensions would be demolished and replaced with a two storey extension. The proposed extension would comprise a first floor lounge with a balcony over a ground floor garage, utility room and rear entrance porch.

1. The proposed extension would measure 7.4 metres wide and the depth would vary between 5 metres and 6.5 metres. The difference in the depth is because the extension would run to the rear riverside boundary of the site, which is not parallel with the main house. The height of the extension would be 4.85 metres to the level of the eaves and 6.7 metres to the top of the roof. The roof of the extension would be pitched and at a right angle to the pitched roof of the main house. Although this would be a rear extension, its side wall would project out from that of the main house by 1.3 metres.

1. On the rear elevation of the extension there would be two high level windows at ground floor level and patio doors and windows leading onto an overhanging balcony at first floor level. The balcony would be 7 metres wide by 1.2 metres deep. The rail would be 1.15 metres high with 12mm safety glass walls.

1. On the north-eastern side elevation of the extension there would be a garage door and a pedestrian door at ground floor level. There would also be two windows at first floor level, which would be roof dormers, due to the height of the pitched main roof at this point.

1. It is also proposed to install replacement windows and two new window openings on the gable elevation of the main house, with one at ground floor level and one at first floor level. The proposed windows would be white upvc sliding sashes. The existing windows are a mixture of timber sliding sashes and upvc casements. Compared to the existing sliding sash windows, the proposed windows would have an additional vertical glazing bar down the centre.

Planning History

1. There are no previous planning applications which are considered relevant in the assessment and determination of this application.

Development Plan Policies

1. The application site is located within an area designated as Predominantly Residential Use on the Castletown Local Plan 1990. The site is located within the Castletown Conservation Area.

1. On the Modified Draft Area Plan for the South 2011 (Map no. 5), the site is located within an area designated as Predominantly Residential Use.

1. The relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2, Environment Policy 7 and Environment Policy 35.

1. 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:

• (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."

1. Environment Policy 7:

"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• (a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• (b) details of pollution and alleviation measures must be submitted;
• (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

1. Environment Policy 35:

"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."

1. In addition to the above policies from the Strategic Plan, Planning Circular 1/98 for the Alteration and Replacement of Windows contains the following policy, which is considered material to the assessment of this current planning application:

"Category b) BUILDINGS IN CONSERVATION AREAS

1. Policy

If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

CONSULTATIONS

1. The Fisheries Division of the Department of Environment Food and Agriculture have concerns about the application due to the proximity of the associated watercourse. The proposed development would not comply with Environment Policy 7 part d as it would be within 8 metres of a watercourse. The Division requires the applicant to complete a questionnaire and forward a full method statement to them.
2. The Department of Infrastructure Highways Division do not object to this application, as there are no traffic management, parking or road safety implications.

REPRESENTATIONS

1. No written responses have been received from the general public.

ASSESSMENT

1. Due to the nature of this proposal, the main issues in the assessment of this application are the impact on neighbouring properties, the impact on the Conservation Area and the impact on the Silver Burn.

Impact on neighbouring properties:

1. The dwelling is located on the end of a terrace of Victorian style properties. There are main roads which run past the north and east of the site and a river which runs past the west. Therefore, aside from the other dwellings within the terrace which are to the south, it is considered that none of the other properties in the surrounding area are close enough to the site to be adversely affected by the works.

1. The adjacent dwelling is no. 5 Victoria Road. This property has an existing rear two storey extension with a blank wall facing towards the application site, which is taller than what the proposed extension would be. The proposed extension would be located to the north of the adjacent property, at a lower height than their existing extension and with no windows facing towards the adjacent dwelling. For these reasons, it is judged that the proposal would not result in adverse loss of light or overbearing to the adjacent property.

1. When considering the issue of overlooking, the proposed balcony should also be taken into account, as it would project out from the rear extension, giving different views towards the adjacent properties. During a site visit, I noticed that there are existing balconies to the rear of two other dwellings in the terrace which project out from the buildings. There is already a degree of overlooking between these balconies due to the openness of the area. The proposed balcony would be at a higher level than the existing, but it would not be so close them that the overlooking issue would be considered adverse. The proposed balcony itself would be near to Alexandra Bridge to the north of the site, so the general public would be overlooking people on the balcony. However, due to the general openness of the area, this is not considered to be a problem.

Impact on the Conservation Area:

1. It is considered that the proposed windows would be acceptable replacements as they would be 50/50 split sliding sashes. The replacement of the casement windows on the top floor of the front elevation is considered to be an enhancement to the Conservation Area.

1. The proposed additional windows to the gable elevation would be sliding sash and in keeping with the other windows in the property.

1. The proposed extension would be publicly visible due to the openness of the surrounding area, although the existing stone boundary wall of the site would hide most of the ground floor level. The extension would be clearly subordinate to the main house, due to its position and size. The dormer windows at first floor level would be in keeping with the existing dormer windows on the front and rear elevations. The rear elevation of the extension would have a more modern feel, but as this would be positioned to the rear where there are existing modern balconies, it is felt that the design would be acceptable.

Impact on the Silverburn:

1. The development would be immediately adjacent to the Silverburn River, with the proposed balcony overhanging the river. Therefore, the proposed development would be within 8 metres of a watercourse.

1. The Fisheries Division of DEFA have requested that the applicant should complete a questionnaire and forward a full method statement to them. We can condition an approval notice so that the applicant has to submit a method statement to the Planning Authority prior to the construction of the extension. This method statement would then be passed onto the Fisheries Division of DEFA for their comments and agreement.

Recommendation

1. For the above reasons, this proposal is considered to be acceptable and is recommended for approval, subject to conditions.

1. It is recommended that a condition requires a method statement for measures to protect the watercourse to be submitted prior to the commencement of construction works. This is in order to ensure that the proposed works comply with the criteria of Environment Policy 7 of the Isle of Man Strategic Plan 2007.

Party Status

1. It is considered that the following parties should be afforded interested party status:

• Castletown Town Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
• The Fisheries Division of the Department of Environment, Food and Agriculture have raised material planning considerations, so should be afforded party status.

1. It is considered that the following parties should not be afforded interested party status:

• The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 16.09.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of an extension to dwelling and installation of replacement and additional windows; as shown in the 1:1250 Location Plan, the 1:500 Site Plan, sheet 1 of 3 and sheet 2 of 3, all sate stamped 19 August 2011.

C 3. Notwithstanding the details on the approved drawings, the windows shall be sliding sash as proposed on the application form.

C 4. Prior to the commencement of construction works, a full method statement for measures to protect the nearby watercourse must be submitted to and approved in writing by the Planning Authority.

N 1.

The applicant is advised to consult the Fisheries Division of the Department of Environment, Food and Agriculture prior to the submission of the method statement.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Permitted Date : 19 Sept 2011

Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate

Signed : Jannie Jennifer Chance Development Control Manager