Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: 26.07.2012 Site Visit: 26.07.2012 Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to extend and existing dwelling located within a residential area of Douglas.

The Site

1. The application site is the curtilage of 25 Falcon Cliff Court, Douglas which is a three storey, end-terrace dwelling situated at the end of a row of similar properties. Falcon Cliff Court is accessed from Palace Road and is made up of two cul-de-sacs. The properties share a number of characteristics including their general form although the use of materials on the front elevations gives rise to some variation.

1. Number 25 faces onto a vehicle turning head and has to its south west elevation a first floor balcony structure with car port below. The balcony has a timber post and rail fence around its edge which is about 1.5 metres tall. Access to the balcony is from the lounge of the property.

1. To the south west is a detached Victorian property known as Fernleigh House which is accessed from Palace Road. This building is used as offices and is set below the level of the applications site separated by a planted bank with retaining wall and the car park associated with the office building.

The Proposal

1. This application seeks approval for the construction of a first floor extension which would be built on top of the existing balcony. The extension would be used as a sun lounge. The extension would be set back slightly from the front and rear elevations of the building and would have a roof which would match the existing in terms of pitch and finishing materials. There would be two windows in the front elevation, one in the side elevation and one in the rear elevation. The front and rear facades of the extension would have boarding to match the existing on the building whilst the side would have render with a section of boarding above.

Development Plan Policies

1. The application site is located within an area that is designated by the Douglas Local Plan as being Predominantly Residential. Within the Isle of Man Strategic Plan, the following are judged to be relevant:

Application No.:	12/00865/B
Applicant:	Mr & Mrs Arthur Stevens
Proposal:	Erection of an extension to dwelling
Site Address:	25 Falcon Cliff Court Douglas Isle Of Man IM2 4AH

1. Paragraph 8.12.1 (Extensions to Dwellings in built up areas or sites designated for residential use), which 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."

1. General Policy 2, which 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."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

00/01254/B - Approval in principle for 3 self contained apartments and associated parking. Refused for the following reason:

"By virtue of the additional building, the loss of garden space, and the increased activity (particularly the parking), the proposed development would have an adverse effect on the existing houses of Falcon Cliff Court."

01/00751/B - Approval in principle for erection of dwelling. Refused for the following reason:

"Falcon Cliff Court is a complete, mature, residential area, characterised by a neat arrangement of buildings and spaces; the proposed building would affect adversely

• (a) the outlook from, the privacy of, and the sense of space around nearby buildings; and
• (b) the overall character of Falcon Cliff Court."

This refusal of this application was upheld at appeal. The independent inspector made the following comments:

"In my view the generally attractive environment of Falcon Cliff Court is largely dependent upon the layout of the various terraces of houses and the spaces between them. The appeal site at the end of a cul de sac provides a very important break in development and an open space between 25 Falcon Cliff Court and Fernleigh House which fronts Palace Road at a substantially lower level.

By extending the terrace, the proposed development would result in an undesirable increase in the length of the terrace and the loss of that break and open space. In my view the loss of that open area would be significantly detrimental to the appearance of Falcon Cliff Court both from within the estate and from Palace road. The proposal would also bring the flank wall of the terrace substantially closer to the boundary with Fernleigh House, some metres above the level of that property, thereby resulting in a seriously dominating and overbearing and unsatisfactory relationship between these properties which are of very different character.

I have taken account of all the other matters raised including the sewer diversion works and the substantial engineering works that would be required to retain the substantial change in ground level on the boundary with Fernleigh House. While these may be resolvable I have no doubt that the execution of these works would have an adverse effect on the amenity of neighbouring residents and the occupiers of the neighbouring property."

02/02428/B - Erection of car port with balcony over. Refused.

07/02177/B - Erection of a car port with balcony over on side elevation. Permitted.

Representations

1. The Highways Division of the Department of Infrastructure

1. Douglas Borough Council does not object to this application.

1. The occupier of Fernleigh House, Palace Road, Douglas (adjacent to the site) objects to this application. Their objection may be summarised as concerns that the proposed extension would detract from the existing balcony and car port and would revert back to what amounts to be a dwelling in the exact same vicinity as that which was previously refused. It is stated that the appearance, aesthetics, outlook and symmetry of Falcon Cliff Court would be adversely affected by the extension and that the privacy and sense of space enjoyed by Fernleigh will be adversely affected by the extension. It is set out that the extension would overshadow Fernleigh House. Concerns regarding slippage on the embankment are raised which are felt to bring obvious safety issues and possible property damage. It is concluded that the existing residential development which is pre-planned estate should not be disturbed by haphazard additions which would look out of place and may set a precedent leading to similar extensions in the future.

1. The owner/occupier of 19 Falcon Cliff Court objects to this application. They highlight the previously refused application for a dwelling and refer to the existing carport which is judged to be unsightly. They consider there to be a lack of space at this end of the cul-de-sac and it is set out that the approval of this application would lead to increased congestion, general disruption to the street and possible increased parking need for the property. It is concluded that the development would not be in keeping with the rest of the row and would unsightly.

1. The owner/occupier 1 Falcon Cliff Court objects to this application. They set out concerns that the development would be out of character with its surroundings and that the size of the extension is excessive and would be equivalent to another dwelling to the side elevation of the existing property. They point out that on purchasing their property in the 1970s they were informed that the estate was complete and not further buildings would be erected. Reference is made to the previous applications on the site and concerns are raised that if approved then a further application to convert the existing car port could be submitted. Finally, it is considered that any building work would lead to disruption to residents as the site is opposite a turning head.

1. The owner/occupier 17 Falcon Cliff Court objects to this application. They highlight the previous applications that have been submitted relating to this site and are concerned that this application will lead to a similar type of development and eventually a new dwelling. Concerns are raised regarding congestion and general disruption during building work and the additional vehicles that the extension may attract. Finally the extension is judged to be unsightly and would represent over-development.

ASSESSMENT

1. The key issues to be assessed in the determination of this application are the impact of the proposed development upon the character and appearance of the area and impacts upon the amenity of adjacent properties.

1. The Isle of Man Strategic Plan establishes a presumption in favour of extensions to existing residential properties located in areas that are designated for development provided that they do not cause unacceptable harm to their surroundings or neighbouring properties. The site has a history of development proposals including one for a dwelling to be constructed and another for three apartments. These have all been refused due to the impact that such development would have on the area and nearby properties. It is important to note that what is now proposed is not a new dwelling but an extension to the existing house. The application for a dwelling to be constructed proposed a detached building which was to be built on the boundary with Fernleigh House. The extension now proposed would contain one room accessed from the lounge of No.25. The current proposal is a storey lower than previous schemes and is set further from the boundary shared with Fernleigh House. These factors set the application apart from previous proposals but some of the issues raised previously remain relevant and should be considered as part of the assessment of this application.

1. Falcon Cliff Court is made up of similar looking buildings arranged in terraces around two cul-de-sacs. Some properties are more visible than others depending on their position within the estate. No. 25 is set at the end of a cul-de-sac and is this means that it is less apparent to the public although partially screened views of the rear of the property are available from Palace Road. Extensions should be designed to take account of the style and appearance of existing properties and in this case the extension would be set down in height from the existing dwelling and would also be set back slightly from the front facade as is the existing carport and balcony. These features would allow the existing building and terrace to continue to be 'read' by the passer by so that the original design would not be lost. Whilst it is important that new

development is well designed and takes account of its surroundings, the site is not within a Conservation Area nor is the building Registered. It is judged that the extension achieves a reasonable balance between protecting the character and appearance of the existing terrace whilst providing a modest addition to the floor space of the existing dwelling.

1. Concerns have been raised from Fernleigh House which is next to the site. In terms of amenity, the existing balcony is already in place and can allow for overlooking over towards Fernleigh House. Whilst the use of the balcony may be limited to fair weather, this is an existing feature which does have an impact. The proposed extension would have a window in its side elevation which would look towards Fernleigh House. The extension would have three other windows facing to the front and rear. It would not be unreasonable to require the side window to be fitted with obscure glazing if this was considered to be necessary.

1. With regards to outlook from Fernleigh House, the extension would come within around 12 metres of the side wall of that property. It is judged that this distance combined with the scale of the proposed extension would prevent the outlook from Fernleigh House being unacceptably impacted by the proposed extension.

1. Whilst the concerns raised by neighbours are understood, it is judged that the issues that resulted in the previous applications being refused are not as pertinent here due to the difference between what is now proposed compared to what was previously rejected. It should be noted that any intention to use the extension as a separate dwelling would require planning permission and would be assessed on its own merits having regard to matters such as parking and comments from the public.

Recommendation

1. Permit.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore recommended to be afforded Interested Party Status:

The occupier of Fernleigh House, Palace Road, Douglas which immediately adjoins the application site.

1. It is considered that the following parties do not meet with Planning Circular 1/06 as they do not immediately adjoin the site and would not meet any of the other listed criteria. Accordingly it is recommended that Interested Party Status should not be awarded:

The owner/occupier of 1 Falcon Cliff Court; The owner/occupier of 17 Falcon Cliff Court; The owner/occupier of 19 Falcon Cliff Court.

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: 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, 25 Falcon Cliff Court, Douglas as shown by 4352/L1, 4352/S1, 4352/SK1 and 4352/EX1 all received 14th June 2012.

C 3. The external finishes of the extension must match those of the existing building in all respects.

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

Decision Made: Permitted Date: 11-10-12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager