Loading document...
Application No.: 25/90547/B Applicant: Mr & Mrs John & Jannina Holmes Proposal: Variation of condition 1 of PA 25/90014/B, to use alternative construction materials Site Address: Sunny Crest Somerset Road Douglas Isle Of Man IM2 5AE Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.07.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. Within three months of the approval, the balustrade on the south elevation shall be installed with Klikstrom Neva Contemporary Dark Grey Metal fence panel. The panel shall be fixed in place and shall be no lower than 1.79 metres above the floor level of the roof terrace on which it has been installed. The balustrade shall thereafter be permanently retained as such.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy in accordance with General Policy 2.
This application has been recommended for approval for the following reason. The proposed perforated metal fence panel do not have a material change in terms of planning impact on neighbouring amenities. Plans/Drawings/Information;
This approval relates to the documents, location plan, site plan, existing plans and elevations, proposed plans and elevations, Klikstrom Penal product details and photos, which have all been submitted on 28th May 2025.
_________________________________________________________________ Right to Appeal
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: Douglas City Council - No objection
1.0 THE SITE - 1.1 The site is Sunny Crest, Somerset Road, Douglas, a two-storey end-of-terrace house located east of the corner of Thorny Road and Somerset Road. - 1.2 The terrace houses run along Somerset Road. They consist of four well-preserved 1930s-style units. The four units are split into two pairs where each pair is symmetrical on their shared boundary line. There is a half-unit-width two-storey rear extension at the rear of each unit. For the two end-terrace units, their two-storey extension runs next to the side elevation. For the two mid-terrace units, their two-storey extension runs next to the shared boundary line. The length of the two-storey extension for the end-of-terrace unit is longer than that of the mid-terrace unit. - 1.3 The application house is the end-of-terrace unit at the north end. Together with the mid-terrace house, the two form a quasi-semi-detached house. The mid-terrace house has a full-plot-width mono-pitched-roof single-storey rear extension wrapped around the two-storey extension. - 1.4 Ellesmere Terrace sits behind the application building and faces Thorny Road. Cronkbourne Avenue is parallel to Thorny Road and features a mix of semi-detached and terraced houses. The rear of both terraces are visible from the window on the rear elevation of the application terrace.
2.0 THE PROPOSAL - 2.1 This application seeks permission for Variation of Condition 1 of PA 25/90014/B. The proposal is to install a perforated metal fence panel on the southwest elevation rather than glazing it with obscured glass. - 2.2 The reason for the proposal is to reduce the time and cost needed to comply with the original condition.
3.0 PLANNING HISTORY - 3.1 Certificate of Lawful Development for the erection of a garden shed was AGREED under PA 24/01250/LAW. - 3.2 Construction of rear conservatory and roof terrace (retrospective) was APPROVED under PA 25/90014/B. - 3.3 The rear extension is about half the width of the house and approx. 3.5m long. It bounds the existing two-storey extensions on the north and the neighbouring single-storey rear extension. It has a casement window and a door on its rear elevation. There are steps leading into the rear garden. - 3.4 The roof of the rear extension is half flat roof and half mono-pitched roof. There is a rooflight on the mono-pitched roof. The flat roof is approx. 1.8m long, and there are glass balustrades around it. The window on the first floor of the rear elevation has been replaced with a patio door. There is also an access door to a storage area at the bottom of the extension. - 3.5 The only condition of the approval states, "Within three month of the approval, the balustrade on the south elevation, shall be installed and glazed with obscure glass to Pilkington Level 5 or equivalent. The panel shall be fixed in place and shall be no lower than 1.8 metres above the floor level of the roof terrace on which it has been installed. The balustrade shall thereafter be permanently retained as such." This is to "safeguard the amenities of adjoining occupiers from overlooking and loss of privacy in accordance with General Policy 2."
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The site is within the Selborne Drive Conservation Area. - 4.3 Selborne Drive Conservation Area Character Appraisal states: "The area contains a high quality mix of properties, which are predominantly residential and are principally of the Edwardian or Arts and Crafts style of Architecture. The vast number of properties in the area appear to be well cared for and retain many qualities which together are worth of protection and enhancement." Strategic Policy
4.3 The Isle of Man Strategic Plan 2016 has the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS. It provides supplementary policy on developments within any conservation area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7. Strategy and Guidance - 5.2 The Residential Design Guide (July 2021) has the following policies that are considered materially relevant to the assessment of this current planning application:
6.0 REPRESENTATIONS - 6.1 Douglas Borough Council has not commented at the time of the report (23.06.2025). - 6.2 DoI Highway Services states that there is no highway interest in this application (.2025).
7.0 ASSESSMENT - 7.1 The main consideration in assessing this application is whether the proposed metal fence is acceptable for safeguarding neighbouring amenities. - 7.2 The perforated metal fence panel does not provide the same level of screening compared to a glazed obscure glass panel when the viewing angle is perpendicular to the
8.0 CONCLUSION - 8.1 The proposed perforated metal fence panel do not have a material change in terms of planning impact on neighbouring amenities. Therefore, it is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by a Principal Planner 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 and/or rights to appeal.
Decision Made : Permitted Date: 10.07.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
View as Markdown