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1.1 The application site is the curtilage of 5 Michael Street, Peel which is a two storey mid terrace property situated to the northern side of Michael Street. The rear of the property is accessed via Red Lane; there is a retail property at ground floor and a residential apartment at first floor.
2.1 The application seeks approval for the erection of a conservatory at first floor level above the flat roof garage. It is a pre-fabricated conservatory and would be of glass and timber construction.
3.1 The following previous planning application is considered to be specifically material in the assessment of the current application:
PA 12/00246/B Installation of replacement windows and door to front elevation – approved
4.1 The application site is within an area zoned as "Mixed Use" identified on the Peel Local Plan 1989. It is also within the Peel Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).
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; I) 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.
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
5.1 Peel Commissioners recommend approval.
6.1 The application seeks approval for the erection of a pre-fabricated conservatory above the existing flat roof garage. The main issues to consider in the assessment of the application are the impacts upon the character and appearance of the Conservation Area and the impact upon the amenities of local residents. 6.2 Given the position of the conservatory the only windows which would be affected would be those within the application site. It is considered that the proposed conservatory would not result in overlooking of the neighbouring properties. 6.3 The application site is within the Peel Conservation Area, this part is made up of traditional terrace properties. The rear of the property looks onto the courtyard parking area which serves some of the properties on Michael Street, Douglas Street and Orry Lane. Whilst the rear of the property is not overly visible from the main pedestrian areas, this courtyard area can still be accessed by the public. 6.4 The proposed conservatory is a relatively large addition and is very prominent due to its first floor position. The structure has not been designed for the building and appears awkward and incongruous in the proposed position. Whilst the proposal is to the rear of the property it is still within the Peel Conservation Areá and development should either preserve or enhance. Given that the rear of the properties is visible from the entrance on Red Lane and the courtyard parking area it is considered that the proposal would have a harmful impact upon the character and appearance of the Conservation Area rather than preserve or enhance. 6.5 Due to the size, design and siting it is judged that the proposed conservatory would have an adverse impact upon the character and appearance of the street scene. 6.6 The application is recommended for refusal.
7.1 The local authority, Peel Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded party status.
7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded party status.
Recommendation
Recommended Decision: Refused Date of Recommendation: 18.11.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The proposed conservatory by reason of its design, scale and position would have a harmful impact upon the character and appearance of the Peel Conservation Area which would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan.
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 : 18.11.13
Determining officer (delete as appropriate)
Signed : Signed : Sarah Corlett Anthony Holmes Senior Planning Officer Senior Planning Officer
Signed : Signed : Signed : Jennifer Chance Michael Gallagher Director of Planning and Building Control Development Control Manager
18 November 2013 13/91229/B Page 3 of 3
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