Officer Planning Report 09/00900/B

Considerations {{table:477921}} {{table:477919}} ### Written Representations ### Consultations {{table:477920}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site comprises the residential curtilage of an end-terrace dwelling that is located on the corner of Elm Drive and Elm Tree Road in Onchan.

The proposed development comprises the erection of a conservatory onto the rear elevation of the dwelling. PLANNING HISTORY There are no previous planning applications that are considered to be material to the assessment of this current planning application. REPRESENTATIONS Onchan District Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application. 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 the erection of a conservatory onto the rear elevation of the dwelling. The proposed conservatory is an extension that projects 4.38 m from the rear of the dwelling and is 4.45 m wide. As can be seen from site visit the dwelling contained within the application site and the neighbouring dwelling have substantial bay windows on their rear elevations. The development proposed by the planning application utilises the bay window opening as the access point for the proposed conservatory.

In terms of assessment, whilst the elevation to the neighbouring property ( 4 Elm Drive) is proposed to be a solid wall and therefore does not cause any overlooking issues it is considered that the extent of the proposed projection will still cause undue harm to the neighbouring property. The proposed development is within such close proximity of the neighbouring bay window that the construction of a wall projecting 4.38 m would have an unacceptably overbearing impact on the residential amenity of that neighbouring property. Furthermore, due to the orientation of the properties the proposal is also likely to cause a loss of light and subsequent overshadowing. As such, the impact of the proposed development on the residential amenity of the neighbouring property is unacceptable. The proposal is therefore contrary to 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 refused.

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; and The Department of Transport Drainage Division.

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals R 1. By reason of its extent relative to the existing arrangement of windows on the neighbouring property the proposed development would cause unacceptable harm to the residential amenity of 4 Elm Drive. As such, the proposal is contrary to Policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Refused Date : 24. July. 2009

Signed : Senior Planning Officer