Officer Planning Report Recommendations

Considerations {{table:477609}} {{table:477606}} ### Written Representations {{table:477607}} ### Consultations {{table:477608}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on King Edward Park in Onchan. The proposed development comprises alterations and extensions to the dwelling contained within the application site. PLANNING HISTORY

The application site has subject of a number of previous planning applications, one of which is considered to be specifically material to the assessment of this current planning application.

Planning application 08/02357/b sought approval for alterations and erection of first floor extension. This previous planning application was refused on the 23rd February 2009 for the two following reasons:

1. The design, height, prominent location and appearance of the proposal would be detrimental to the visual amenity of the property and the surrounding area and would set an undesirable precedent for future development of a similar nature along King Edward Park to the detriment of public and residential amenity within the area.

1. The proposed dwelling, by virtue of its proximity, height and length would have an overbearing impact upon the outlook of the occupiers of Nr 18 King Edward Park and thereby would be un-neighbourly and unacceptable.

REPRESENTATIONS

Onchan District Commissioners recommend that the planning application be refused on the basis that the size and appearance of the proposal would be detrimental to the visual amenity of the property and the surrounding area.

The Department of Transport Highways Division do not oppose the planning application.

The Department of Transport Drainage Division do not oppose the planning application. The owner and/or occupant of 18 King Edward Park, which is located directly adjacent to the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal will be out of keeping with area and that it will result in a loss of light and privacy. They also express concern that the construction work will cause undue stress.

Planning Policy

In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/21 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material 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;
• (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."

Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.".

Assessment

The planning application seeks approval for alterations and extensions to the dwelling contained within the application site. The proposed development comprises the erection of an extension onto the front elevation of the dwelling to encompass the existing garage, provide an additional room (playroom) at ground floor level and a bedroom within the roofspace at first floor level.

It can be said that the proposal is put forward as a response to the development refused under previous planning application 08/02357/B, which related the impact on i) public amenity and ii) private amenity. A comparison of the drawings for the current and previous planning applications shows that the current proposal is significantly reduced in scale. It is therefore considered reasonable to conclude that there is a consequential reduction in impact on public and private amenity.

In terms of the impact on public amenity it can be seen that the dwellings either side of the application site are quite different in form and design. Whilst the form and design of the dwelling contained within the application site is currently similar to 18,16 , etc. King Edward Park the development proposed by the planning application would change the form and design of the dwelling more a kin to 22,24 , etc. King Edward Park. It is concluded that the proposed extension would result in a form of development that was not out of keeping with the street scene and therefore not detrimental to public amenity. As such, the proposal addresses concerns raised by previous planning application 08 / 02357 / B.

In terms of impact of private amenity it can be seen that the overall height of the dwelling remains largely unchanged by the development proposed by the current planning application and the proposed extension contains no new windows that face towards 18 King Edward Park. Due to this, and the orientation of the site, it is considered that the impact of the proposed development on the residential amenity of the 18 King Edward Park is suitably limited. As such, the proposal addresses concerns raised by previous planning application 08/02357/B. The impact of construction is not a material planning consideration and therefore not a legitimate reason for refusal, as such impact is limited to the construction period and not permanent.

Overall, the proposal is considered to accord with policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007. It is recommended that the planning application be approved.

PARTY STATUS

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Onchan District Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; and The owner and/or occupant of 18 King Edward Park.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 27.07.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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. This approval relates to the location plan and drawing no.s AT1002.1 and AT1002.2 date stamped the 28th May 2009.

C 3. The external finishes of the extension must match those of the existing building in all respects.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : .............................. Committee Meeting Date : ..................................

Signed : .................................

Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YAS/NO

27 July 2009 09/00931/B Page 3 of 3