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| Application No.: | 14/00486/B |
| Applicant: | Mr & Mrs Stephen Smith |
| Proposal: | Erection of an extension to rear of dwelling |
| Site Address: | 2 Clagh Wyllin Station Road Ballaugh Isle Of Man IM7 5EQ |
1.1 The application site is the curtilage of 2 Clagh Wyllin, Station Road, Ballaugh which is part of a pair of semi-detached dormer bungalows located to the east of station Road and north of the Ballaugh Bridge.
2.1 The application seeks approval for the erection of an extension to rear of dwelling. The proposal would have a rear projection of 3.9 metres, a width of 4.6 metres and a ridge height of 4.3 metres (eaves 2.6 metres). The external finishes would match that of the existing dwelling.
3.1 There are a number of previous planning applications for this site but none are considered relevant in the determination of this application.
4.1 The application site is in an area designated as "Predominantly Residential" identified on the 1982 Development Plan. The site is not within a Conservation Area.
4.2 Due to the zoning of the site the following policy is relevant for consideration:-
4.3 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:
| Case Officer: | Mr Chris Balmer |
| Photo Taken: | 06.05.2014 |
| Site Visit: | 06.05.2014 |
| Expected Decision Level: | Officer Delegation |
5.3 The owner/occupier of 1 Chapel Close, Ballaugh has objected to the application which can be summarised as; due to proximity the proposal would have direct views into bedrooms; and concern with how close the stone wall this proposal will be.
6.1 The principal issues are whether the proposed works would adversely affect the visual amenities of the street scene and second, whether the proposal would impact upon neighbouring residential amenities (loss of light, overbearing impacts and/or overlooking).
6.2 The proposed extension would not significantly be apparent from Station Road, but would be immediately adjacent to Chapel Close which runs along the northern boundary of the site. However, the size, design and position would not significant affect the visual amenities of the street scene/s and therefore it is considered an appropriate form of development. Consequently, it is considered the proposal would comply with General Policy 2 of the Isle of Man Strategic Plan.
6.3 In relation to the potential impacts upon neighbouring amenities, there are considered two neighbouring properties which would be most affected by the scheme, Nr 1 Clagh Wyllin (other semi-detached bungalow located to the west of application dwelling) and Nr 1 Chapel Close which is to the north of the site approximately 11 to 12 metres from the proposed extension.
6.4 Regarding the potential impacts upon Nr 1 Clagh Wyllin, the main issue relates to the potential impact upon the adjacent lounge window which would be located 1.1 metres from the side elevation of the proposed rear extension. A useful guide when determining the impact (loss of light/overbearing impact) of a single storey extension upon a neighbouring property is to consider the 45 degree approach (this is not adopted policy of the planning authority, but is a generally established planning practice to determine the potential impact of the development). The purpose of this is to make sure that a development does not take away too much daylight. It is based upon the notion that it is reasonable to expect a certain level of light and unobstructed view from a habitable room window. In relation to single storey development where the 45 degree line is drawn from the furthest point away from the closest ground floor habitable room window of neighbouring properties. If the extension lies within the 45 degree line then there is the potential for a significant amount of light to be blocked to that window. This scheme would falls outside the 45 degree line. Whilst the proposal will have an impact, as any development would, it is considered given the orientation of the sun (east to west), the size, height, position and design of the extension in relation to Nr 1 Clagh Wyllin the proposal would not result in such a significant impact as to warrant a
refusal. It should be noted that views where sought from the occupants of Nr 1 Clagh Wyllin but no response was received.
6.5 In relation to the potential impacts upon the occupants of Nr 1 Chapel Close, the main issue relates to potential overlooking from the rear lounge window into the windows within Nr 1. As identified the neighbouring property and the rear extension would be between 11 and 12 metres away (i.e. opposite side of Chapel Close). Between the two properties is a 1.5 metre high stone wall (rear boundary of application site), whilst the front boundary of Nr 1 Chapel Close comprises of a approximately 1.2 metre high hedgerow as well as a number of larger trees/hedgerow/bushes within the front garden. It is also noted that the largest of the windows within the front elevation of Nr 1 is obscure glazed or similar. Overall, it is considered given the boundary treatments, distance, across Chapel Close to the front elevation, which already has a degree of overlooking and as the extension is single storey in height, it is considered the proposal would not significant impacts upon the amenities of the occupants of Nr 1 Chapel Close to warrant a refusal.
7.1 In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to the Isle of Man Strategic Plan (June 2007) General Policy 2.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; The Department of Economic Development - Tourism Division, as their comments have been deemed material; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupier of 1 Chapel Close, Ballaugh
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 19.06.2014 |
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to
Drawings reference number SS/1/14 all received on 23rd April 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 20/6/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer
Senior Planning Officer
Signed : Shadyle Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Sarah Corlett
Senior Planning Officer
Signed : _________________________ Jennifer Chance Head of Development Management
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