DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00040/B Applicant: Mrs Jaya Martin Proposal: Demolition of existing conservatory and construction of a bedroom annex extension at the rear of the property Site Address: 18 Erin Lane Port Erin Isle Of Man IM9 6FE Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.03.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The development hereby permitted shall be finished in external materials matching those of the existing dwelling. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. The development hereby approved shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling at 18 Erin Lane, Port Erin, and shall not be occupied as an independent dwelling unit. At which time the need of the development for use an as annexe falls away, the development shall be fully integrated back into the principle dwellinghouse.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

This application has been recommended for approval for the following reason.

The proposed development is acceptable in terms of their form, mass and design by providing a suitable extensions to an existing residential property without resulting in a severely detrimental impact upon the amenities of neighbouring properties, and as such comply with

Strategic Policy 5, Spatial Policy 2, General Policy 2 and Environment Policy 42 of the Strategic Plan (2016).

Plans/Drawings/Information;

This approval relates to drawings referenced; 22021.001, 22021.002, 22021.003, 22021.004, 22021.005, 22021.006 and 22021.007, all received on 19.01.23. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:

16 Erin Lane, Port Erin

as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises a two-storey detached dwellinghouse and its associated curtilage at the end of the cul-de-sac of Erin Lane, Peel. The property benefits from a southeastern facing garden overlooking an agricultural field. The site is bounded by a mature hedgerow along its north-eastern boundary and the rear garden of No.7 Erin Close on the opposite side. Erin Lane is characterised exclusively by detached dwellings, the majority of which have been noticeably extended to the rear. - 1.2 The rear garden includes a number of trees and is well landscaped, including sections laid to lawn, paving and raised decking. The site's southern western boundary shared with the adjacent property of No.16 is demarcated by fencing and a mature hedgerow.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the demolition of the existing conservatory and erection of an 8.3m deep single-storey rear extension, comprising a 3.6m deep flat-roofed link section with a glass lantern atop incorporating a kitchenette, and a further 4.7m deep dualpitched element incorporating an en-suite bedroom with flank facing gable ends. - 2.2 The 'bedroom' element would comprise a marginally greater width than the 'link' section, extending 0.5m past the south-western elevation towards the corresponding flank boundary, and 0.97m past the north-eastern elevation on the opposing side. The flat-roofed element would extend to 2.9m up to the top of the flat roof, with a total height of 3.6m including the glass lantern, whilst the dual-pitched section would comprise an eaves height of

• 2.4m and ridge height of 4.14m.

2.3 Sliding doors and an apex window above are proposed in the 'bedroom' element with further double doors in the 'link' section in the north-eastern elevation, with corresponding double doors on the south-western elevation of the 'link' section. A single narrow window is proposed in the south-western elevation of the 'bedroom' element. External materials have not been specified but appear likely to comprise matching render and roof tiles.

2.4 It is understood that the purpose of the extension is to facilitate accessible accommodation required for one of the present occupants due to a deteriorating health issue. The accommodation would effectively function as an annexe to the main dwelling, whilst still allowing full integration with the remainder of the property.

- 3.0 PLANNING HISTORY

3.1 None of material relevance to this application. - 4.0 PLANNING POLICY

4.1 The application site is identified on the Area Plan for the South as land zoned for 'predominantly residential' purposes within the settlement boundary of Port Erin. The site is not within a Conservation Area or an area identified as being at risk of flooding. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy

• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages

5 Design and visual impact Spatial Policy 2 Development in Service Centres General Policy 2b,c,g General Development Considerations Environment Policy 42 Designed to respect the character and identity of the locality Infrastructure Policy 5 Water conservation and management Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire

4.3 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.4 Also material in this instance is Schedule 1, Part 2, Classes 14 and 15 of the Town and Country Planning (Permitted Development) Order 2012 (as amended) which relate to extensions to dwellinghouses and the erection of ancillary buildings within the curtilage of dwellings.

5.0 REPRESENTATIONS 5.1 Port Erin Commissioners - resolved to object to the proposals. The Board is concerned with the massing of the proposed extension in proximity to the adjoining property. With the height of the proposed extension gable ridge being around twice the height of the boundary fence, it is felt this will have a significant negative impact on the adjoining property (15.02.23)

5.2 Highways Services - no highways interest (03.02.23)

5.3 Forestry officer - no comments received at the time of writing.

5.4 Enforcement officer - no comments received at the time of writing. - 5.5 One letter of representation has been received from the neighbouring property objecting to the scheme on the following grounds:

• - Extension will project 7 feet above existing 6 foot fence and extend almost halfway down the garden. Extension will therefore be a prominent and disconcerting feature;
• - Development will have an impact on quality of life and time spent in the garden during May to September, along with resulting in devaluation of our property.

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (SP2)
• - Design and visual impact (STP5, GP2, EP42)
• - Impact upon neighbouring amenity (GP2, g)
• - Other matters (RDG, CP7, 11 and IP5)

- 6.2 PRINCIPLE

• 6.2.1 The site falls within the settlement boundary of Port Erin and an area zoned for residential development, where there is a general presumption in favour of extensions to existing properties provided such development would not have an adverse impact on either adjacent properties or the surrounding area in general.

- 6.3 DESIGN AND VISUAL IMPACT

6.3.1 The design, scale and footprint of the proposed rear extension is considered to be relatively in keeping with the existing dwelling, whilst comprising a proportionate footprint relative to the current dwelling and size of the rear garden. By reason of being single-storey in nature, the proposals would remain clearly ancillary to the existing property, whilst allowing for a sufficient portion of the rear garden to remain free from development. Moreover, such development would not be visible within the context of the immediate streetscene, whilst being largely shielded from clear view from most vistas outside of the application site due to the presence of mature boundary screening. In any case, the design and form of the extension are considered to be appropriate in their own right, and therefore compliant with General Policy 2 (b) & (c) of the Strategic Plan (2016).

- 6.4 NEIGHBOURING AMENITY

• 6.4.1 Concerns raised by both the adjoining occupants and the Local Authority with respect to the proposed rear extensions are noted. Indeed, whilst the total depth of the rear extension is not insignificant, it is considered that the reasonably generous size of the rear garden allows for such a development to be suitably accommodated without constituting an overdevelopment of the plot.

• 6.4.2 Whilst it is noted that the 'bedroom' section of the extension incorporating the dual pitched roof would extend above the fence line by approximately 2m, this only relates to the apex of the roof, which would decrease moving outward towards the eaves. Moreover, the rear extension would be sited 1.8m from the mutual flank boundary with No.16 at its closest extent, increasing to 2.3m with respect to the 'link' section, thereby reducing the impact of the extension with respect to perceived dominance and obtrusiveness.
• 6.4.3 The proposed development, by reason of being single-storey with limited glazing on the south-western elevation, would not result in a material impact upon the privacy of the neighbouring property's rear garden. Likewise, due to the juxtaposition of the site and the location of the proposed extension relative to the adjacent property, it is highly unlikely that the development would give rise to a material uplift of overshadowing in respect of the neighbouring garden. Comments relating to the development giving rise to a potential

• devaluation of the adjacent property are noted a material planning consideration and therefore cannot be given any weight in the application's determination.
• 6.4.4 Furthermore, it is also noted and of significant material weight that the property could be extended to the rear, whilst an ancillary shed/summer house could also be constructed within the rear garden under Classes 14 and 15 of respectively of the Town and Country Planning (Permitted Development) Order 2012 (as amended). Whilst the current proposals could not be achieved under permitted development, a 15sqm extension (for example a 5m deep by 3m wide) extension up to a height of 4m could be developed under Class 14, whilst an ancillary building/summer house with a maximum height of 2.8m could be constructed anywhere within the rear garden under Class 15. In both cases, such development could be constructed right up to the mutual flank boundary with No.16, and as such have a comparable if not greater impact upon the adjacent property's rear garden than the current proposals.
• 6.4.5 In light of the above, whilst it is recognised that the proposed development would result in a measurable degree of impact upon the amenities of the adjacent property, particularly given the current absence of any noticeable built development further down the mutual flank boundary, the impact upon neighbouring amenity is not considered to be severe enough to warrant the refusal of planning permission in isolation. Likewise, the ability for certain forms of development to be carried out which could have a comparable impact upon neighbouring amenity under permitted development as alluded to in the preceding paragraph are a strong material consideration. Consequently, the proposals are considered to be acceptable from a neighbouring amenity perspective, in compliance with General Policy 2 (g).

- 6.5 OTHER MATTERS

• 6.5.1 The proposed works comprise extensions to an existing dwelling, and therefore the proposals are not expected to create any changes or new issues in respect of criminal actively or spread of fire. Whilst the proposals will be increasing the overall floor space, the application form has stated that the discharge of surface water run-off and foul sewerage will be managed as per the existing drainage system, and therefore no concerns are raised in this regard. Whilst the proposed works are increasing the floor area of the property, it is not expected that the water usage of the dwelling will materially increase, therefore there are no new issues in this respect.

- 7.0 CONCLUSION

7.1 The proposed development is acceptable in terms of their form, mass and design by providing a suitable extensions to an existing residential property without resulting in a severely detrimental impact upon the amenities of neighbouring properties, and as such comply with Strategic Policy 5, Spatial Policy 2, General Policy 2 and Environment Policy 42 of the Strategic Plan (2016). The application is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 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.

8.2 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

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 : Permitted Date: 17.03.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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