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The site represents the residential curtilage of an existing cottage which sits on the western side of The Lhargan.
The property lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Residential. In the draft Port St. Mary Area Plan the site lies within an area designated as Residential.
The following applications have been submitted in respect of this site:
PA 02/0819 - alterations and extensions to dwelling including raising roof level and installation of six dormers - permitted PA 04/2217 - erection of conservatory - withdrawn PA 05/0413 - retrospective application for alterations and amendments to PA 02/0819 - permitted.
Proposed now is retrospective permission for the erection of a summer house and decking most of which is already in place. The summer house is located at the top of the rear garden at its highest part. The rear garden is clearly undergoing work to create a more usable space: it is steeply sloping. A path is shown snaking up the garden to the top. The summer house is to be 6m by 4m with a decked area in front.
As work started on the summer house, the Planning Enforcement Officer was contacted and the site was visited and the applicant advised that planning permission was required. The applicant indicated that he has consulted the UK GDO which would permit such a structure.
There is a letter from the neighbours to the south who express concern that if the application is for a second shed then they object. The proposal is, however to legitimise the existing structure. The neighbours suggest that in order to be neighbourly they will not object but suggest that their privacy has been disturbed and reduced since the applicant removed the vegetation on or near the boundary and the shed has not assisted this.
However, when I visited the site, I observed that the steepness of the slope enables inter-visibility between many of the gardens in this streetscent and that the removal of the vegetation would affect visibility and privacy whether or not the summer house were proposed. The gardens are so steep that some terracing is likely and reasonable. It would seem that communication may not have been as effective between the neighbours as it could have been.
The summer house and decking are not unattractive in themselves and are not visible other than through the small gap between the application property and 8, The Lhargan. As such, the concerns of the Commissioners regarding its height are not sufficient to warrant refusal of the application. Also, whilst the Commissioners are concerned that the application is retrospective but again, this is not a reason for refusal. The summer house is not suitable for permanent or temporary occupation in terms of its size or construction.
It is often difficult to preserve privacy where properties have such steep back gardens in close proximity and where it is not particularly desirable to have long expanses of fencing or other artificial boundaries. It is not considered that the impact of the proposed summer house or decking is sufficient to warrant refusal in this instance.
Port St. Mary Commissioners and Department of Transport The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupants of 8, The Lhargan are immediately alongside the development and as such should be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 23.10.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a summer house and decking as shown in drawing 06/6111/1 recieved on 13th September, 2006 and which is partially erected on site. For clarification, this does not grant permission for a second summer house.
N 1. For clarification, in structural terms any works undertaken are done so at the developer's own risk and any damage which results from the work to neighbouring property is a civil matter between the parties.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 24/10/06
Signed : M. I. McCauley Director of Planning and Building Control
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