DEC Officers Report

Case Officer: Miss Melissa McKnight Photo Taken: 06.02.2014 Site Visit: 06.02.2014 Expected Decision Level: Officer Delegation

Officer's Report

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Shidda, a two storey detached dwelling located on the western side of Athol Avenue in Port Erin. The application site is set below the highway and lies within a 0.2 acre plot. 1.2 The dwelling is bounded by hedging and natural vegetation on all sides.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the installation of a new window in the south elevation which directly faces the garden of the application site. 2.2 The proposed window would be white UPVC framed which would measure 1.2 x 1.15 metres and would be fixed.

3.0 PLANNING HISTORY 3.1 The application site has not been the subject of any previous planning applications.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is in an area designated as Predominantly Residential under the Area Plan for the South 2013. The site also lies on the periphery of the proposed Port Erin Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant 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;

Application No.:	14/00083/B
Applicant:	Mr Henry Coole
Proposal:	Installation of an additional window to south elevation
Site Address:	Shidda Athol Avenue Port Erin Isle Of Man IM9 6EY

• (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."

Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

5.0 Representations

5.1 Port Erin Commissioners have no objection to the current planning application.

6.0 Assessment

6.1 The development proposed within this current planning application is considered to be fairly modest and is not judged to impact upon private or public amenity. The proposed window would directly face the existing garden of the application site and would therefore have no impact on the residential amenity of nearby properties.

6.2 The development is considered fairly modest and is not considered to detrimentally affect the views into and out of the proposed Port Erin Conservation Area.

7.0 Recommendation

7.1 It is recommended that the planning application be permitted.

8.0 Party Status

8.1 The local authority, Port Erin Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

8.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No. 2) Order 2013 paragraph 6 (4)(d).

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.02.2014

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.

The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing No 1657 - 01 received on 23rd January 2013.

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: 27/2/14

Determining officer (delete as appropriate)

Signed: _________________________ Chris Balmer

Senior Planning Officer Signed: _________________________ Michael Gallagher

Director of Planning and Building Control Signed: _________________________ Jennifer Chance

Development Control Manager Signed: _________________________