Installation of a dormer window to rear elevation of dwelling
Site Address:
25 Linden Gardens Douglas Isle Of Man IM2 6AB
Officer's Report
The Application Site
The application site is the residential curtilage of 25 Linden Gardens, a two storey mid terraced property adjoining No. 26 Linden Gardens to the west elevation and No. 24 Linden Gardens to the east elevation. Linden Gardens is sited northwest off Victoria Road, Douglas.
The existing dwelling is finished in a painted render with PVC windows throughout. To the front of the property is a garden area bounded by a concrete wall with balustrading. To the rear of the property is a rear garden bounded by fencing to the neighbouring properties and the highway.
Linden Grove is characterised by a mix of dwellings and flats. The properties follow a similar uniform design and have a similar appearance. All properties have a rear yard with the flats having balconies to the rear elevation.
The Proposal
The planning application seeks approval for the installation of a dormer window to the rear elevation of the dwelling.
The proposed dormer is to measure 4.1 metres with a projection of just below 2.4 metres. The proposed dormer is to have a height of 1.2 metres and stretch the length of the pitch roof leaving 0.2 metres either side from the neighbouring properties.
The proposed dormer is to be finished in white UPVC weatherboard cladding with white UPVC double glazed windows with the flat roof finished in fibreglass or felt.
Planning History
The application site has been the subject of one previous planning applications that is considered specifically material to the assessment of this current planning application:
PA 02/02246/B: Residential estate layout with roads plots and sewers and the erection of sixteen houses and twenty four flats. This previous planning application was permitted.
Case Officer:
Miss Melissa McKnight
Photo Taken:
09.08.2012
Site Visit:
09.08.2012
Expected Decision Level:
Officer Delegation
Planning Policy
In terms of local plan policy, the application site is within an area recognised as being predominately residential use under the Douglas Local Plan 1998 Map No. 3 (North).
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application:
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."
Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 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".
Representations
Douglas Borough Council has no objections to the current planning application.
Assessment
The key issues to consider in the assessment of this application are the impacts of the proposed dormer on residential amenity of the local residents of No. 26 and No. 22
Linden Gardens and the impacts of the proposal on the existing dwelling and the surrounding area.
With regards to impact on residential amenity of neighbouring properties, the proposed dormer would overlook a small group of trees that bounds the car park of Eastcliffe Adult Training Centre to the rear of Linden Grove. The proposed dormer would not result in any increased levels of overlooking or loss of privacy given the existing balconies present on the apartment block and the existing second floor windows on the property.
With regards to the impact of the proposed dormer on the existing dwelling, there are two main components of this application: the introduction of the dormer with regards to visual appearance of the existing dwelling and the impacts of the proposed dormer on the residential amenity of the local residents of the application site dwelling.
The introduction of dormer on the rear elevation roof pitch is considered to be out of keeping with the property and locality and would introduce an unduly prominent and incongruous feature into the locality and upset the existing roof line and character of the property.
When looking at residential amenity it is imperative that development creates not only an attractive feature but also incorporates a comfortable living environment. In the case of this current planning application the proposed dormer does not meet adequate living standards for two reasons. According to The Building Regulations 2000: Protection from falling, collision and impact, Section 1, Stairs and Ladders there must be at least 2m headroom height on the access between levels. The drawings show a height of 1.9 metres on the first floor landing can only be achieved at the top stair to ceiling, therefore the proposal fails to comply with regulations. The second reason is the remaining length of the pitch roof once the proposed dormer is in place. The Building Regulations 2000: Fire Safety, Section 2, Dwellinghouses states that the maximum roof surface from the eaves to the vertical plane of the dormer should be 1.7 metres as it is a means of escape. The proposal details that the maximum roof surface from the eaves to the vertical plane of the dormer is 2.1 metres and therefore fails to comply with regulations. Whilst this application is not a Building Regulations Application, the Planning Division needs to ensure that any development is capable of being undertaken without compromising safety and living standards.
Although the rear of the property is not visible from a main public thoroughfare given the screening from the trees adjacent to the application site dwelling, the proposed dormer is considered to have a detrimental and damaging impact on the locality. As previously mentioned the proposed dormer upsets the existing roof line of the row of properties and as the proposed dormer would be the only one present within the area, the proposal is judged to be an inappropriate form of development and unsympathetic to the area.
Overall it is considered that the planning application does not accord to the provisions set out in General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007.
RECOMMENDATION
It is recommended that the planning application be refused.
PARTY STATUS
The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered
Recommendation
Recommended Decision: Refused
Date of Recommendation: 29.08.2012
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
R 1.
The form, design and siting of the proposed flat roof dormer is unsympathetic with the character of the existing property and would introduce a detrimental feature to the visual amenities of the locality and detract from the surrounding area contrary to General Policy 2 of the Isle of Man Strategic Plan 2007.
R 2.
The proposed dormer fails to comply with Building Regulations by reason that it cannot gain maximum headroom height from the top stair to ceiling and roof surface from the eaves to the vertical plane of the dormer and therefore cannot not meet a standard living environment for the residents of 25 Linden Gardens.
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: Refused Date: 4/9/12
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
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