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The application site represents the curtilage of the residential dwelling Elm Bank, Stanley Terrace, Christian Street, Peel. The property is a three storey end terrace building which was formerly used as a residential care home. The property has since been converted back to a single dwelling house under PA 05/01762/R which was a split decision at appeal where the rear balcony aspect of the proposed development was refused.
The application site is located within an area identified as being Mixed Use by the Peel Local Plan (Planning Circular 6/89). The site is also within the Peel Conservation Area.
Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant in the assessment and determination of this application:
General Policy 2, which 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:
Environmental Policy 35, which states:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
The following previous planning applications are considered relevant in the assessment and determination of this application:
Planning application 05/00676/B sought permission for alterations and the conversion of former nursing home to three apartments. This application was refused on Review 8th September 2005.
Planning application 05/01762/R sought retrospective permission for the alteration of former nursing home to a single dwelling, including balcony to the rear at first floor level. This application was the subject of a split decision with the balcony being refused 9th November 2006. The reason for refusal stated:
"The balconies to the rear would have an unacceptable impact on the amenity of neighbouring properties due to their size and location by virtue of the overlooking of the rear gardens of these properties and the direct overlooking of the upper floor window of the neighbouring property."
Planning application 07/02325/B sought approval for the construction of a metal fire escape to replace the existing (refused) balcony. This was permitted.
The Department of Transport Highways Division does not object this application.
Peel Town Commissioners have not commented on this application.
Mr Crookall MHK has asked to be kept informed of the progress of the application.
This application seeks approval for the erection of a balcony on the rear elevation of the property at first floor level. The balcony would match that approved under PA07/02325/B. The balcony refused under PA 05/01762/R is still in place and is the subject of enforcement action.
The issues to be considered in the assessment of this application are the visual impact of the proposed balcony, particularly in relation to the Conservation Area setting and the potential for overlooking to adjacent properties.
In terms of visual impact, the balcony would be of a modest scale and would be to the rear elevation of the property. As such it is not considered that the character or appearance of the Peel Conservation Area would be adversely affected by the proposed development.
The balcony would be relatively small, having a useable area of approximately 1 square metre. This is a similar area to that which would be created by the approved fire escape which this development would supersede. As such it is judged that there would not be an unacceptable level of overlooking caused by the proposed balcony.
It is recommended that the application be approved.
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:
Accordingly the following parties are not granted Interested Party Status:
Mr T Crookhall MHK
Recommended Decision: Permitted
Date of Recommendation: 31.12.2008
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 approval relates to the erection of a balcony at first floor level as shown by the plans 04-S067-SHL 06 and 04-S067-SHL 008 submitted and date stamped 19th November 2008.
N 1. For the purposes of clarity, this approval does not remove or alter any obligations to remove the existing unauthorised balcony refused under Planning Application 05/01762/R and the subject of Planning Enforcement Notice 08/00281/NOTICE.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 8/1/09
Signed: DB Senior Planning Officer
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