Officer Planning Report Recommendation

Planning Report And Recommendations {{table:487625}} ### Considerations {{table:487623}} ### Written Representations ### Consultations {{table:487624}}

Officer's Report

The Site

The application site represents plot 2, within the curtilage of Chapel Close. The property is a semi-detached bungalow located in an established residential area. Opposite the front of the bungalow (south) is a two-storey house currently under renovation.

The Proposal

This application seeks approval for an attached garage to the renovated house situated to the south of the existing bungalow. The attached garage will project 2.850 metres from the gable wall of the dwellinghouse; have a depth of 5.2 metres; and a maximum height of 3.3 metres.

Planning Status

The application site is located within an 'Existing Area of Predominantly Residential Use' in the Isle of Man Development Plan 1982. The Isle of Man Strategic Plan 2007 contains a policy which is considered specifically material to the assessment of this current planning application - General Policy 2.

General Policy 2 of the Isle of Man Strategic Plan states the following:

"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 is also considered relevant:

"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".

Environment Policy 22 states the following:

"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) Pollution of the sea, surface water or groundwater; ii) Emissions of airborne pollutants; and iii) Vibration, odour, noise or light pollution."

Environment Policy 23 states the following:

"When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."

PLANNING HISTORY The property has had previous planning applications submitted which are considered to be relevant to this proposal: 00/01705/B - Erection of two semi-detached bungalows - Refused on review (28th March 2001) 02/00159/B - Erection of two semi-detached bungalows - Application permitted on review (11th September 2002) 03/01395/B - Amendments to approved two semi-detached bungalows - Permitted (21st January 2004) 3 November 2009

05/01639/R - Retrospective application for alterations to dormer windows, removal of chimneys, vehicle standing in lieu of garage and changes to walls on and surrounding the property to two semi detached bungalows - Approved at appeal (9th November 2006)

ASSESSMENT

The application site is located within an area of 'Predominantly Residential' in the Isle of Man Development Plan 1982. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policy identified earlier within the report (i.e. General Policy 2 and Paragraph 8.12.1, Environment Policy 22 and Environment Policy 23 of Isle of Man Strategic Plan 2007).

It is considered that the proposed development is unacceptable in terms of its scale and siting. The garage will be situated to the side of the renovated house; the bungalows are situated less than 4.5 metres from the gable wall of the renovated house. The front of the subject bungalow faces the renovated house and will be situated less than 2 metres from the proposed entrance to the garage. Although the bungalows are not directly facing the proposed garage it is considered to be unneighbourly development. The development would give rise to noise from the manoeuvring of vehicles, the slamming of car doors and the starting of car engines in very close proximity to the semi-detached bungalows. Consequently the development would fall General Policy 2, Environment Policy 22 and Environment Policy 23. Furthermore, the garage would be visually intrusive and result in overdevelopment of the plot which would be detrimental to the amenity of the area thus failing General Policy 2.

REPRESENTATIONS The Drainage Division has raised no objection to the proposed development. The Department of Transport has raised no objection to the proposed development. Ballaugh Parish Commissioners have raised no objections to the proposed development. RECOMMENDATION

Refuse

PARTY STATUS

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Department of Transport and Drainage Provision Ballaugh Parish Commissioners Recommendation Recommended Decision: Refused Date of Recommendation: 03.11.2009 3 November 2009

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

C 1.

The proposed garage due to its siting and scale would result in un-neighbourly development. The proposed development would be detrimental to the residential amenities for the future occupiers of the semi-detached bungalows through unacceptable levels of noise, disturbance and odour pollution which would be created via the vehicular access to the garage. Consequently the development would fail General Policy 2, Environment Policy 22 and Environment Policy 23 of the Isle of Man Strategic Plan 2007.

C 2.

It is considered that the garage would be visually intrusive and result in overdevelopment of the plot which would be detrimental to the amenity of the area thus failing 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 : 5/11/09

Signed : Senior Planning Officer