DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01176/B Applicant: Mr Lewis Howland Proposal: Erection of replacement garage and single storey extension to rear of garage Site Address: 8 Laureston Grove Douglas Isle Of Man IM2 4BG Planning Officer: Mr Paul Visigah Photo Taken: 06.12.2022 Site Visit: 06.12.2022 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 18.01.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. Whilst it is noted that the application property and the properties on the terrace have flat roofed two storey rear elements which were approved prior to the introduction of the Isle of Man Strategic Plan 2016 and the recently updated Residential Design Guide 2021, the proposed two storey flat roofed extension would have an adverse visual impact on the existing dwelling, contrary to General Policy 2 (b and c), Environment Policy 42, Strategic Policy 3 (b) and Section 4 of the Residential Design Guide 2021, by reason of its large flat roof finish, stepped out nature, and increased massing over the existing.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 8 Laureston Grove, a two-storey endterrace dwelling located on the east of Laureston Grove. The whole terrace has a similar layout. All the dwellings within the terrace have a two storey flat roofed section at the rear. - 1.2 The rear garden is laid out such that the entire northwest and northeast boundaries comprise trees and shrubbery, while the southeast boundary is made up of a stepped boundary

wall which lowers as you move towards the pedestrian access gate that provides access to the rear lane.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for erection of replacement garage and single storey extension to rear of garage. The proposed works would include: - 2.2 Demolishing the existing garage and erecting a replacement garage in its place that would be 9.4m long, 3.2m wide and 5.3m high (2.5m to the eaves). This garage which would have a utility room to the rear would be finished externally in painted render similar to the existing dwelling finish. Its pitch roof would be finished in tiles similar to the existing tiles on the main dwelling. 2.2m x 2.4m garage door would be installed on the front elevation, while a window would be installed at the rear - 2.3 Erecting a two storey flat roofed rear extension at the rear of the existing dining room. This extension would project 3.9m from the rear of the existing dwelling, be 3.4m wide and

• 5.3m to the top of the flat roof. This extension which would be level with the existing 2 storey flat roofed section of the main dwelling at the rear (in terms of its height) and be finished externally in material similar to the existing dwelling as it would have top hung UPVC casement windows and painted render finish. A sliding patio door would be installed on the ground rear elevation. A new roof lantern 1m x 1.5m would be installed over the flat roof.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Predominantly Residential Use on the Area Plan for the East (Map 4 - Douglas) and the site is not within a Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site. - 3.2 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: - 3.3 General Policy 2 (In part): "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:

• (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;

• (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".

3.4 Paragraph 8.12.1, which states:

"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."

3.5 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

• Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.
• 3.6 Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.
• 3.7 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
• 3.8 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 5.1 on Chimneystacks and Flues, 4.7 on Flat Roof Extensions, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 There is no previous application considered materially relevant to this application.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 7 October 2022. They also note that they find the application to have no significant negative impact upon highway safety, network functionality and /or parking. - 6.2 DEFA's Assistant Tree Officer has stated that although there may be an impact to the retained trees, given their lack of Arboricultural quality and suitability to the setting, there are no issues with the proposal (7 December 2022). - 6.3 Douglas Borough Council have indicated that they have no objection to the application (14 October 2022). - 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The main issues to consider in the assessment of the application are:

• a. The potential impacts upon the character and appearance of the existing dwelling, terrace and street scene (GP2, EP 42, STP 3 & RDG 2021);
• b. The potential impacts upon the neighbouring properties (GP2 and RDG 2021);
• c. Highway safety and parking impacts (GP2 & TP 7);

• d. Impacts on trees (GP 2)

7.2 Character and Appearance

• 7.2.1 In terms of visual impacts of the proposal, it is considered that the garage extension would offer an improved appearance over the current garage with it new roof structure better suited to the dominant roof appearance on the terrace. Also, the external finish and roof finish would ensure seamless integration into the existing built fabric on site and the locality. As such, it is considered that this element of the proposal is acceptable.
• 7.2.2 With regard to the two storey flat roofed extension to the rear, it is considered that whilst the neighbouring properties on the terrace have two storey flat roofed projections at the rear, which were allowed prior to introduction of the Isle of Man Strategic Plan 2016 and the recently updated Residential Design Guide (2021), the proposed extension here by reason of its large flat roof finish, would increase the flat roofed element beyond that which currently exists on the terrace given it's stepped out nature and increased massing, which would make it prominent when viewed from the rear lane and the street scene of Laureston Grove, when approaching the property from the north.
• 7.2.3 It would be vital to note here that Residential Design Guide which gives clarity to design elements of Policies within the Strategic Plan, such as General Policy 2, Strategic Policy 3(b) and Environment Policy 42, has been updated (2021) and provides examples of good flat roofed extensions, including contemporary approaches which the current proposal seeks to create but fails to replicate. Besides, all the properties on the terrace have similar sized flat roofed elements which are mirrored on their adjacent neighbours, with the current scheme seeking to alter that relationship, in a manner that would result in distortions to the appearance of the terrace when viewed from the rear lane.
• 7.2.4 Overall, while the garage extension would be acceptable, the two storey flat roofed extension is considered to have an adverse visual impact on the existing dwelling and terrace, and from a public view contrary to General Policy 2 (b and c), Environment Policy 42, and Strategic Policy 3 (b), and contrary to the design principles of Section 4 of the Residential Design Guidance 2021.

7.3 Impact on neighbouring amenity

• 7.3.1 In terms of impact on neighbours, it is considered that the two storey rear extension would bring the application property closer to the boundary with 'Thie Ain', 9 Laureston Grove which is a single storey dwelling, with the new window to the northwest elevation offering views towards this neighbouring property. Whilst this element of the proposal has the potential to result in overlooking, the neighbouring property has no window on the south east elevation to be overlooked by this window.
• 7.3.2 There is, however, potential for parts of the rear garden of 'Thie Ain', 9 Laureston Grove to be overlooked by the new window on the first floor northwest elevation of the two storey extension, particularly as the proposal would impact on the trees on the boundary with this neighbour, which offers screening to the neighbouring site. It should be noted that although the application indicates that no trees would be affected, the advice offered the Tree Officer indicates that there is potential for the trees to be impacted. This impact is, however, considered to be minimal as majority of the trees and shrubbery on this boundary would be retained.

7.4 Highway Safety/Parking Impacts

• 7.4.1 With regard to impacts on highway safety or parking, it is considered that there would be no changes to the access arrangements or parking provisions on site, as the garage provision and the additional off street parking in front of the garage would be retained. Besides, DOI Highways have noted that they find the application to have no significant negative impact upon highway safety, network functionality and /or parking. Therefore, it is

considered that this element of the proposal would be compliant with the aforementioned policies.

7.5 Impact on trees

• 7.5.1 General Policy 2 (f) requires that developments incorporate landscape features, particularly trees and sod banks. In the case of the current application, whilst it is noted that the proposed extension could impact on trees within the rear garden, particularly one of the mature trees which has its trunk situated less than 3m from the proposed extension, DEFA's Assistant Tree Officer has advised that given the lack of Arboricultural quality and suitability to the setting (for the nearby trees), there are no issues with the proposal. As such, it is considered that the development complies with GP 2 (f) with regard to impact on trees.

- 8.0 CONCLUSION

8.1 The proposed extension would add a non-subordinate large flat roofed extension to the rear elevation of the dwelling which would detract from the character and appearance of the building, terrace, such that the proposal is not considered to accord with General Policy 2 (b and c), Strategic Policy 3 (b) and Environment Policy 42. As the proposal does not respect the existing dwelling, terrace, or its surroundings in terms of proportion, design and form, the application is recommended for refusal. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

_____________________________________________________________________ I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 02.02.2023 Determining officer Signed : C BALMER Chris Balmer Principal Planner

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