DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00032/B Applicant: Mrs Jaya Martin Proposal: Demolition of existing conservatory and construction of a bedroom annex extension at the rear of the property Site Address: 18 Erin Lane Port Erin Isle Of Man IM9 6FE Planning Officer: Mr Hamish Laird Photo Taken: 28.02.2024 Site Visit: 28.02.2024 Recommended Decision: Permitted Date of Recommendation: 03.04.2024

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. The development hereby permitted shall be finished in external materials matching those of the existing dwelling. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. The development hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling at 18 Erin Lane, Port Erin, and shall not be occupied as an independent dwelling unit. At which time the need of the development for use an as annexe falls away, the development shall be fully integrated back into the principle dwellinghouse.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This application has been recommended for approval for the following reason.

The proposed development is acceptable in terms of their form, mass and design by providing a suitable extensions to an existing residential property without resulting in a severely detrimental impact upon the amenities of neighbouring properties, and as such comply with

Strategic Policy 5, Spatial Policy 2, General Policy 2 and Environment Policy 42 of the Strategic Plan (2016). The application is therefore recommended for approval.

Plans/Drawings/Information; This approval relates to drawings referenced:

22021.001 - Site Location Plan; - 22021.002 - Proposed Site Plan;

22021.005 Stage 3 Rev. 04; - 22021.006 Stage 3 Rev. 03; - 22021.007 Stage 3 Rev. 03; 22021.011 Stage 3 Rev. 00; all date stamped received on 19.01.23. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:

16 Erin Lane, Port Erin

as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises a two-storey detached dwellinghouse and its associated curtilage at the end of the cul-de-sac of Erin Lane, Peel. The property benefits from a southeastern facing garden overlooking an agricultural field. The site is bounded by a mature hedgerow along its north-eastern boundary and the rear garden of No.7 Erin Close on the opposite side. Erin Lane is characterised exclusively by detached dwellings, the majority of which have been noticeably extended to the rear. - 1.2 The rear garden includes a number of trees and is well landscaped, including sections laid to lawn, paving and raised decking. The site's southern western boundary shared with the adjacent property of No.16 is demarcated by fencing and a mature hedgerow.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the demolition of the existing conservatory and erection of a 7.3m deep x 5.1m wide overall (4.4m wall-to-wall) single-storey rear extension, housed under a tiled, pitched roof with eaves height of 2.6m; and, ridge height of 4.2m (all measurements are approximate). It would have an outside entrance door in the south-west side elevation facing No. 16 Erin Lane's side /rear garden; and, a pair of glazed sliding patio doors with clerestory glazing above to the apex of the end gable in the proposed SE Elevation; and, a full-height fixed, clear glazed, window; and, a 600mm x 600mm obscure glazed window in the proposed NE side elevation. The extension would contain a bedroom and en-suite bedroom shower room, accessed internally via a lobby connected to a door into the dining room of the main dwelling. 2 No. roof-lights measuring approx. 600mm x 600mm would be inserted - one into each roof-slope - above the bedroom area.

2.2 External materials are specified as follows:

"ROOF: Dark Brown Marley Modern interlocking concrete tiles on battens with matching concrete ridge tiles and upvc verge trim. Black pvc Ogee gutters rainwater pipes and related accessories to match existing. Proprietary dark brown aluminium flush verge to match existing roof verge detail.

ROOF WINDOWS: Proprietary dark grey aluminium roof windows light with high performance solar shielding double glazed units. Roof windows fitted with motorised opening lights.

WALLS: Smooth painted rendered blockwork (Colour to match existing external render). WINDOWS & EXTERNAL DOORS: White (colour to match existing) polyester powder coated high performance aluminium double glazed frames with opening lights as indicated. FASCIA AND SOFFIT: Black uPVC fascia board and soffit with concrete corbelled eaves closer to match existing."

2.3 These would match the render and roof tiles of the existing host dwelling. - 2.4 The purpose of the extension is to facilitate accessible accommodation required for one of the present occupants due to a deteriorating health issue. The accommodation would effectively function as an annexe to the main dwelling, whilst still allowing full integration with the remainder of the property.

3.0 PLANNING HISTORY - 3.1 Planning permission was granted for the demolition of the existing conservatory and construction of a one bedroom annex extension at the rear of the property by application Ref: 23/00040/B on 20.03.2023, and remains extant. - 3.2 The 23/00040/B Case Officer's Report described the proposal as follows:

"2.1 Planning permission is sought for the demolition of the existing conservatory and erection of an 8.3m deep single-storey rear extension, comprising a 3.6m deep flat-roofed link section with a glass lantern atop incorporating a kitchenette, and a further 4.7m deep dualpitched element incorporating an en-suite bedroom with flank facing gable ends.

2.2 The 'bedroom' element would comprise a marginally greater width than the 'link' section, extending 0.5m past the south-western elevation towards the corresponding flank boundary, and 0.97m past the north-eastern elevation on the opposing side. The flat-roofed element would extend to 2.9m up to the top of the flat roof, with a total height of 3.6m including the glass lantern, whilst the dual-pitched section would comprise an eaves height of

• 2.4m and ridge height of 4.14m.

2.3 Sliding doors and an apex window above are proposed in the 'bedroom' element with further double doors in the 'link' section in the north-eastern elevation, with corresponding double doors on the south-western elevation of the 'link' section. A single narrow window is proposed in the south-western elevation of the 'bedroom' element. External materials have not been specified but appear likely to comprise matching render and roof tiles. - 2.4 It is understood that the purpose of the extension is to facilitate accessible accommodation required for one of the present occupants due to a deteriorating health issue. The accommodation would effectively function as an annexe to the main dwelling, whilst still allowing full integration with the remainder of the property."

3.3 Application 23/01336/MCH for: "Minor Changes Application to PA23/00040/B Proposed Rear Extension: Alteration of the proposed plan to reduce the proposed developed area." Was refused on 8.1.24 on the grounds that: "The proposed changes lead to a different rear extension design compared to the existing approval and should be assessed under a new application."

3.4 The current application proposes the same reduced size/scale development as the 23/01336/MCH proposal. - 4.0 PLANNING POLICY

4.1 The application site is identified on the Area Plan for the South as land zoned for 'predominantly residential' purposes within the settlement boundary of Port Erin. The site is not within a Conservation Area or an area identified as being at risk of flooding.

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy

• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

5 Design and visual impact Spatial Policy 2 Development in Service Centres General Policy 2b,c,g General Development Considerations Environment Policy 42 Designed to respect the character and identity of the locality Infrastructure Policy 5 Water conservation and management Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire

4.3 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.4 Also material in this instance is Schedule 1, Part 2, Classes 14 and 15 of the Town and Country Planning (Permitted Development) Order 2012 (as amended) which relate to extensions to dwellinghouses and the erection of ancillary buildings within the curtilage of dwellings.

5.0 REPRESENTATIONS

5.1 Port Erin Commissioners (14.2.24) - resolved to object to the proposals, and comments as follows: "The Board of Port Erin Commissioners considered the above application at its meeting held on

• 13 February 2024 and resolved to object to the proposals.

The Board resolved that the proposed changes to the planning application do not sufficiently address concerns raised to the original application regarding proximity to, and negative impact on, the adjoining property.

The Boards objection to planning application 23/00040/B and submitted 15th February 2023 is detailed below:

'The Board of Port Erin Commissioners considered the above application at its meeting held on

• 14 February 2023 and resolved to object to the proposals.

The Board is concerned with the massing of the proposed extension in proximity to the adjoining property. With the height of the proposed extension gable ridge being around twice the height of the boundary fence, it is felt this will have a significant negative impact on the adjoining property."

5.2 Highways Services - no highways interest (26.1.24)

5.3 One letter of representation has been received from the neighbouring property objecting to the scheme advising that their objection to the 23/00040/B proposals still stands (previously summarised and rehearsed below) on the following grounds:

• - "Extension will project 7 feet above existing 6 foot fence and extend almost halfway down the garden. Extension will therefore be a prominent and disconcerting feature;
• - Development will have an impact on quality of life and time spent in the garden during May to September, along with resulting in devaluation of our property."

5.4 The writer (23/1/24) advises: "I have received today notification of a planning application for my next door neighbour. I was under the impression that when this was submitted last year permission was granted. My objection still stands and I must again reiterate that although the proposed extension is in proportion to their property, the fact that my garden is only half the size it impacts on me visually. I was also disappointed last time that although the commissioners objected it never went to a planning review and also nobody from planning came to look at the site which is only the true way you could assess this development. I hope this time both of those concerns will be rectified and I would like a planning officer to come and stand in my garden to visualise the impact this will have as it's also very close to the boundary fence. Also you can see by the enclosed pictures that the extension comes down to the trees which is 3/4 of my garden. I look forward to your reply" - 5.5 The writer has included 6 No. colour photographs of the relationship of the site to their property and the boundary treatments between their rear garden and that of the application property.

- 6.0 ASSESSMENT

6.1 From the outset it should be noted that planning permission for a similar, larger in floor area and extent, extension was permitted by PA 23/00040/B on 20.03.2023. This permission remains extant until 19.03.2027. A precedent has, therefore, been set and the principle of development, is already established. See Strategic Plan Policy SP2.

6.2 The Case Officer, by arrangement, visited the site on 28/2/24, and spoke with the neighbour at No. 16 Erin Lane, whilst viewing both the site and the neighbours' property in relation to it.

6.3 The main issues to consider in the assessment of this planning application are as follows:

• - Design and visual impact (STP5, GP2, EP42)
• - Impact upon neighbouring amenity (GP2, g)
• - Other matters (RDG, CP7, 11 and IP5)

- 6.4 DESIGN AND VISUAL IMPACT

• 6.4.1 The design, scale and footprint of the proposed rear extension is considered to be relatively in keeping with the existing dwelling. It is considered that it would be more appropriate in this context than the previously approved extension which extended to a depth of: "8.3m and, comprised a 3.6m deep flat-roofed link section with a glass lantern atop incorporating a kitchenette, and a further 4.7m deep dual-pitched element". The current proposal is for a single storey rear extension in pace of the existing conservatory which would be approx. 7.3m deep x 5.1m wide overall (4.4m wall-to-wall), housed under a tiled, pitched roof with eaves height of 2.6m; and, ridge height of 4.2m. The extension now proposed is simpler in shape, having a single plain gable, pitched roof, and would now house a bedroom and en-suite shower room, with the previously proposed kitchenette deleted from this revised proposal.
• 6.4.2 By reason of being single-storey in nature, and having deleted the kitchenette, the proposed development would clearly be ancillary to the existing property, whilst allowing for a sufficient portion of the rear garden to remain free from development. As per the previously approved scheme, the development would not be visible within the context of the immediate streetscene, and would be largely shielded from clear views from most vistas outside of the application site due to being sited to the rear of the dwelling, and due the presence of mature boundary screening. The design and form of the extension is smaller than that previously approved, and would have less of a visual impact as a result. The revised development, in terms of its depth, scale, height and bulk is reduced and is considered to be acceptable, and therefore, compliant with the provisions of General Policy 2 (b) & (c) of the Strategic Plan

(2016).

- 6.5 NEIGHBOURING AMENITY

• 6.5.1 Concerns raised by the adjoining occupant at No. 16 Erin Lane, and the Local Authority with respect to the proposed rear extension are noted. Indeed, whilst the total depth of the rear extension amounts to approx. 7.3m deep housed under a tiled, pitched roof with eaves height of 2.6m; and, ridge height of 4.2m, is not insignificant, it is less than the depth of the previously approved extension at 8.3m and the reasonably generous size of the rear garden of No. 18, allows for such a development to be suitably accommodated without overdeveloping the plot.
• 6.5.2 The rear extension would be sited 1.8m from the mutual flank boundary with No.16 at its closest extent, and the eaves and ridge height is standard for a single storey extension whilst ensuring that it would meet the requirements of the Building Regulations. The impact of the extension with respect to perceived dominance and obtrusiveness when viewed from the rear garden and rear aspect of No. 16, is considered to be acceptable.
• 6.5.3 The proposed development, by reason of being single-storey with limited glazing on the south-western elevation, would not result in a material impact upon the privacy presently enjoyed by the occupant of the neighbouring property (No. 16's) rear garden. Likewise, due to the juxtaposition of the site and the location of the proposed extension relative to the adjacent property, it is highly unlikely that the development would give rise to a material uplift of overshadowing in respect of the neighbouring garden at No. 16. Previous comments relating to the development giving rise to a potential devaluation of the adjacent property, or any adjoining property, are not a material planning consideration because the Planning System examines proposals relating to land use, not land values, and therefore, cannot be given any weight in the application's determination.

• 6.5.4 Furthermore, it was also previously noted in considering the 23/00040/B application that the property could be extended to the rear, whilst an ancillary shed/summer house could also be constructed within the rear garden under Classes 14 and 15 of respectively of the Town and Country Planning (Permitted Development) Order 2012 (as amended). Whilst the current proposals could not be achieved under permitted development, a 15sqm extension (for example a 5m deep by 3m wide) extension up to a height of 4m could be developed under Class 14, whilst an ancillary building/summer house with a maximum height of 2.8m could be constructed anywhere within the rear garden under Class 15. In both cases, such development could be constructed right up to the mutual flank boundary with No.16, and as such have a comparable if not greater impact upon the adjacent property's rear garden than the current proposals. This remains as being of significant material weight in considering the current proposal.
• 6.5.5 In light of the above, whilst it is recognised that the proposed development would result in a measurable degree of impact upon the amenities of the adjacent property at No. 16 Erin Lane, particularly given the current absence of any noticeable built development further down the mutual flank boundary, the impact upon neighbouring amenity is not considered to be severe enough to warrant the refusal of planning permission in isolation. It is further noted that the reduced, size, depth, height and bulk of the now proposed extension would result in less of a visual impact, and adverse impact on the amenities of the occupant of No.16, and any other nearby or adjoining dwelling. The ability for certain forms of development to be carried out which could have a comparable impact upon the residential amenities of occupants of neighbouring properties under permitted development as advised to in the preceding paragraph are a strong material consideration. Consequently, the proposals are considered to be acceptable from a neighbouring amenity perspective, in compliance with Strategic Plan General Policy 2 (g).
• 6.6 OTHER MATTERS

• 6.5.1 The proposed works comprise extensions to an existing dwelling, and therefore the proposals are not expected to create any changes or new issues in respect of criminal actively or spread of fire. Whilst the proposals would increase the overall floor space, the application form has stated that the discharge of surface water run-off and foul sewerage will be managed as per the existing drainage system, and therefore no concerns are raised in this regard. Whilst the proposed works are increasing the floor area of the property, it is not expected that the water usage of the dwelling will materially increase, therefore there are no new issues in this respect.
• 7.0 CONCLUSION

7.1 The proposed development is acceptable in terms of their form, mass and design by providing a suitable extensions to an existing residential property without resulting in a severely detrimental impact upon the amenities of neighbouring properties, and as such comply with Strategic Policy 5, Spatial Policy 2, General Policy 2 and Environment Policy 42 of the Strategic Plan (2016). The application is therefore recommended for approval. - 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 Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 04.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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