Officer Planning Report
Planning Report And Recommendations {{table:179351}} {{table:179352}} {{table:179353}} ### Considerations ### Written Representations ### Consultations
Officer's Report
The Site
The application site represents the curtilage of 20 Church Road, Port Erin. The property is situated on the southern side of the road with the front ground floor being occupied as a commercial premise. To the rear first floor elevation three existing windows look out over a substantial flat roof which is a feature of the terrace. A service lane runs to the rear of the properties.
Planning Status
The application site is located within an area identified as being Mixed Use by the Port Erin Local Plan (Planning Circular 12/90).
Planning History
The following previous planning applications are considered relevant in the assessment and determination of this application:
PA 02/02092/B sought permission for the change of use from retail to food takeaway, alterations to the shop front, and installation of an extraction flue on the rear flat roof. This application was withdrawn 6th March 2003.
Representations
The Department of Transport Highways Division has not commented on this application. Port Erin Commissioners recommend approval however concerns are raised as to the safety of person using the flat roof.
We have received no privately written representations in relation to this planning application.
The Proposal
This application seeks approval for the replacement of the middle first floor window located on the rear elevation, with double doors. This would provide access to the flat roof area to the rear.
Assessment
Whilst this is a relatively minor application in terms of visual impact to the area, the consequences of creating access onto the roof area would be of greater concern.
The flat roof area runs the length of the rear elevation of four terraced properties and as such all of the properties have windows looking onto this area. It is considered that the creation of a door access to the roof area, which would result in the use of the roof as amenity space, would create an un-neighbourly situation. There would be an unacceptable level of overlooking to each adjacent property.
It is worth noting that the application does not include any provision for railings or boundary treatment and as such it is considered that if the proposed doors were to be permitted, an inherently unsafe amenity space would be created.
Recommendation
It is recommended that the application be refused.
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:
The Department of Transport Highways Division
Port Erin Commissioners
Recommendation
Recommended Decision: Refused
Date of Recommendation: 04.12.2007
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
R 1.
The proposed double doors would result in the use of the flat roof area as amenity space which would result in overlooking of adjacent properties by users of the space. It would have an unneighbourly and detrimental impact upon adjacent properties.
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 : Refused Date : 5/12/07
Signed : M. I. McCauley Director of Planning and Building Control
