Officer Report

Application No.: 15/01380/B Applicant: Mr & Mrs Kieran O'Donoghue Proposal: Alterations, erection of an extension and installation of a handrail to existing terrace to rear elevation of dwelling Site Address: 3 Ballaquane Road Peel Isle of Man IM5 1PP Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 INTRODUCTION - 1.1 In 2014 under PA 14/00881/B planning approval was granted for an extension to the existing kitchen and dining room. This extension had a fully glazed lean to roof. When it came to the construction of the extension, the applicants were informed that the extension could not be built as a result of the connecting glazing roof design and as a result an amended scheme has been submitted. The new proposed scheme has been explained in detail under paragraph 2.0 of this report.

2.0 THE APPLICATION SITE - 2.1 The application site is the curtilage of No. 3 Ballaquane Road, a three storey mid-terraced dwelling sited on the north eastern side of Ballaquane Road in Peel. The dwelling sits in a row of four properties of similar form and appearance. - 2.2 To the rear of the dwelling is an integrated garage with a roof terrace above. The other properties of Ballaquane Road have had some sort of rear extension; however No. 4 Ballaquane Road is the only dwelling within the row with a similar outrigger to that of the application site.

3.0 THE PROPOSAL - 3.1 This current planning application seeks approval for an extension to the existing kitchen and dining room, installation of steel and glazed balustrade to the northern and eastern edge of the terrace and the raising of the southern parapet wall of the roof terrace by just less than 1 metre. - 3.2 The kitchen and dining room extension would extend approximately 9.8 metres from the rear elevation. The extension would have a flat roof with two roof lanterns. The roof would have a height of just less than 3 metres; just less than 3.2 metres including the roof lantern.

4.0 PLANNING HISTORY - 4.1 As already mentioned, planning approval was granted in 2014 under PA 14/00881/B for an extension to the existing kitchen and dining room, installation of steel and glazed balustrade to the northern and eastern edge of the terrace and the raising of the southern parapet wall of the roof terrace by just less than 1 metre. This current planning application simply proposes a different roof form. - 4.2 Planning permission was granted in 2006 for the removal of a chimney stack on the rear extension of No. 3 and 4 Ballaquane Road under PA 06/01782/B. Previous to this, planning permission was granted for the erection of a garage in 2002 under PA 02/01129/B.

4.3 A letter was received by Planning & Building Control in 2007 regarding the status of the terrace above the garage. It was concluded by the Department that whilst the application did not clearly include the mention of a roof terrace above the garage, its appearance on the approved plans establishes and recognised its presence. As such, approval was assumed with the access onto the terrace from the first floor single door. There was no external stairs or steps agreed or approved by the application. - 4.4 However, the drawings of the existing dwelling submitted under this planning application show that there have been external stairs built giving access to the terrace. A site visit confirmed this. The plans submitted as PA 02/01129/B do not show the external stairs. It can therefore be assumed that these steps were erected without planning permission. However, it is likely that these steps were erected prior to 2007, based on the correspondence undertaken in 2007, and as this is more than 4 years ago the development is immune from any enforcement action being taken and the development would be considered lawful.

5.0 PLANNING POLICY - 5.1 In terms of local plan policy, the application site lies within an area zoned as Predominantly Residential under the Peel Local Plan 1989. - 5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered relevant to the assessment of this current planning application:

"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."

Paragraph 8.12.1 states: "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 existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

- 6.0 REPRESENTATIONS

6.1 The Department of Infrastructure Highway Services do not oppose the current planning application (24/12/2015).

7.0 ASSESSMENT - 7.1 Given the level and nature of development proposed, there are two fundamental issues to consider in the assessment of this current planning application. Firstly, it is necessary to consider the impacts of the proposal on the residential amenity of No. 2 and 4 Ballaquane Road and secondly, the impact of the proposal on the appearance of the existing dwelling and surrounding area in general. - 7.2 NEIGHBOURING RESIDENTIAL AMENITY

• 7.2.1 The proposed extension would be erected alongside the boundary wall shared with No. 2 Ballaquane Road. The extension would be kept below the existing wall and outrigger and as such the residential amenity of No. 2 Ballaquane Road is not considered to be harmed as a result of this element of the proposal.
• 7.2.2 The rear extension may partially be visible from upper floor windows of No. 4 Ballaqaune Road, however what would be visible would not be considered to be of a scale that would harm the residential amenity No. 4 Ballaquane Road.
• 7.2.3 With regards to the balustrade, the balustrade is of a high quality and is not judged to appear as an unattractive feature. As such, the impact of this element of the proposal would not appear unpleasant as viewed from No. 2 or 4 Ballaquane Road.
• 7.2.4 With regards to the raising of the southern parapet wall by just less than one metre, the terrace of the application site sits alongside the roof of the garage of No. 4 Ballaquane Road which also has access onto from a first floor door. The raising of the wall southern boundary wall of the terrace is not judged to impact upon the private amenity of the neighbouring dwelling. In fact, the raising of the wall would provide improved privacy for both properties.

- 7.3 EXISTING DWELLING

• 7.3.1 The extension proposed is not judged to have an adverse impact on the main dwelling. The design of the extension is considered acceptable and of a high quality given the limited space available. The installation of the balustrade is considered to enhance the overall appearance of the dwelling given the design and finish of the balustrade.
• 7.3.2 Overall, the development proposed is considered to respect the main dwelling with regards to siting, layout, scale, form and design.

- 7.4 SURROUNDING AREA

• 7.4.1 The kitchen and dining room extension would partially be visible from Peveril Road as one was travelling south west towards Peel. However, what would be visible would be oblique views and would not be of a scale that would harm public amenity or the surrounding area in general.
• 7.4.2 The installation of a stainless steel and glass balustrade to the terrace above the garage is considered attractive and is not judged to have a detrimental impact on the appearance and character of the locality.

8.0 RECOMMENDATION - 8.1 Overall, it is concluded that the planning application accords with General Policy 2 of the Isle of Man Strategic Plan 2007 and is therefore recommended for approval.

9.0 PARTY STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material, in this case, Department of Infrastructure Highway Services; (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 18.01.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Drawing No.: 0, 1 and 2 Rev.: B all date stamped as recieved 21st December 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 18.01.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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