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The application site comprises the curtilage of a semi-detached dwelling that is located on the eastern side of Pinfold Hill in Onchan.
The proposed development comprises of the erection of a first floor extension onto the dwelling.
The application site has been the subject of a number of previous planning applications that could be viewed as material to the assessment of this current planning application.
Planning application 49022 sought approval for the provision of dormer windows and balcony, hardstanding and boundary wall. This previous planning application was considered and approved on the 27th April 1979.
Planning application 99/01620/B sought approval for the extension of the dwelling. This previous planning application was initially considered and refused on the 31st January 2000, with the initial refusal decision notice issued on the 8th February 2000. The initial refusal was confirmed at review by the Planning Committee on the 2nd June 2000, with the review refusal decision notice issued on the 19th June 2000. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 14th November 2000.
Planning application 00/02312/B sought approval for the extension of the dwelling. The Planning Committee declined to consider the planning application on the grounds that it was substantially the same as the development refused through planning application 99/01620/B.
Planning application 01/00392/B sought approval for the extension of the dwelling. This previous planning application was initially considered and refused on the 17th July 2001, with the initial refusal decision notice issued on the 19th July 2001. The initial refusal was confirmed at review on the 7th September 2001, with the review refusal decision notice issued on the 14th September 2001. A subsequent appeal against the refusal was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision notice issued on the 23rd February 2002.
Copies of the decision notices for these previous planning applications have been placed on the file for the current planning application.
Lonan Parish Commissioners recommend that the planning application be refused. They question the quality of the submitted drawings and recommend refusal until better plans were produced.
The Department of Transport Highways Division do not oppose the planning application. The Isle of Man Fire and Rescue Service express an interest in the planning application. The Manx Electricity Authority expresses an interest in the planning application. The owners and/or occupants of Venture, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the quality of the submitted planning application and potential overlooking with subsequent loss of privacy arising from the proposed development. They also highlight the general disturbance from construction, actual construction issues and the general state of property.
In terms of local plan policy, the application site is located within a wider area that is recognised as predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
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:
The planning application seeks approval for the erection of a first floor extension onto the dwelling. Whilst the level of detail contained within the submitted planning application has been questioned within representations it is considered that the drawings are sufficiently accurate to allow a proper assessment of the proposed development. Although some of the elevation annotation on the drawings is somewhat confusing it is possible to understand what is proposed following a site visit. From that site visit, and as was noted by previous Planning Inspectors, it is considered that the quality and condition of the existing building and overall application site leaves much to be desired both in its level of maintenance and structural condition. It would appear that the planning approval granted under 01/00392/B is currently under construction, although the form of what is currently being built appears different to what was actually approved. In this respect, there would be no breach of planning control until the works were completed as the apparent difference may only form part of the construction method.
In terms of the proposed development it is considered that the additional accommodation would cause unacceptable harm to the residential amenity of the neighbouring properties. The proposed extension contains a large window within the side elevation that is at a height that would offer views into the neighbouring property. The extent of this overlooking is significant and would have an unacceptable detrimental impact on the residential amenity of the neighbouring property. The proposed extension also includes French windows and balcony on the rear elevation of the dwelling. The size and position of the French windows and the use of the balcony would offer views of the neighbouring properties. Similarly to the side elevation window, the extent of this overlooking is significant and would have an unacceptable impact on the residential amenity of the neighbouring property.
Based on the above it is concluded that the proposed development causes unacceptable harm to the residential amenity of the neighbouring properties. As such the proposed development is contrary to the provisions of Policy L/RES/PR/1 of the Laxey and Lonan Area Plan 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007. It is recommended that the planning application be refused.
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:
Lonan Parish Commissioners; The Department of Transport Highways Division; and The owners and/or occupants of Venture. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Isle of Man Fire and Rescue Service; and The Manx Electricity Authority.
Recommended Decision: Refused Date of Recommendation: 09.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions
By reason of their extent and position the windows and balcony area within the proposed development will cause unacceptable harm to the residential amenity of the neighbouring properties. As such the proposed development is contrary to the provisions of Policy L/RES/PR/1 of the Laxey and Lonan Area Plan 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Refused Date : Signed : M. I. McCauley
Director of Planning and Building Control
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