URGENT BUSINESS (2)

 

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

TUESDAY 16 NOVEMBER 2004

 

REPORT OF THE HEAD OF PLANNING SERVICES

 

TCP/26498/A – RETENTION OF SINGLE STOREY SIDE AND REAR EXTENSION; RAISED DECK AREA AND SCREENING (REVISED PLANS) AT 5 AVENUE ROAD, SHANKLIN, IOW PO37 7BG 

 

Officer: Mr J Packman             Tel: (01983) 823571

 

REASON FOR COMMITTEE CONSIDERATION

 

The report was originally requested by local member, Cllr J Fleming as he was not prepared for the application to be dealt with under the delegated procedure. There were two reasons for this request; 

 

It was a retrospective planning permission that with the raised decking exceeded the cubic allowance for permitted development.

 

Secondly, a complaint has been received about the raised decking regarding the loss of residential amenity.

 

The application was considered by members on the 26 October 2004 in a revised form and was not accepted. Committee resolved to defer the application to allow opportunity for further negotiations.

 

PROCESSING INFORMATION

 

This is a minor application, the processing of which will have taken 13 and a half weeks to the date of the committee meeting. The application has exceeded the prescribed 8 week period for the determination of planning applications due to the need for committee consideration and further negotiation.

 

LOCATION AND SITE CHARACTERISTICS

 

Application relates to a semi-detached property within a residential area. The property is located in a reasonably sized plot that that slopes away in a southerly direction away from house. The existing arrangement already affords a certain degree of overlooking from property to property looking east. To the western boundary adjoining Milford road there is a 1.2 metre wall, and on the eastern boundary there is 1.6 metre fence. The street scene is mixed with a number of different detached and semi detached properties of different styles, but generally of the same period. The dwelling to which this application relates is built in a red brick style.     

 

RELEVANT HISTORY

 

None

 

DETAILS OF APPLICATION

 

The application has been generated as a result of enforcement investigation. Retrospective consent is sought for the retention of a rear extension and raised decking built without the knowledge that planning consent was needed.

 

The extension has been constructed of red brick and has a slate roof. The dimensions are 5.0m x 5.0 metres square with a shallow pitched roof that has a maximum ridge height of 3.0 metres. To the west there are three Velux windows in the roof, a circular window and a pair of narrow French Doors. The south facing rear section of the extension is glazed with 2.0 metre high windows. The extension is generally in keeping with the style of the dwelling and the street scene and is set some 300mm from the east boundary fence.

 

The raised decking replaces an existing section of decking and is sited in an ‘L’ shape around the south and west elevations, with a 1.0 metre handrail and steps. On site the applicant has indicated that the new decking is situated approximately 200mm higher than the level of the old decking. The previous scheme incorporated an opaque screen on the eastern side of the decking where it adjoins the neighbouring property.

 

After further negotiation a second set of revised plans has been received for this application. The revision involves the removal of a 2.5 metre section of the raised decking closest to number 7 Avenue road and the leveling of the ground level beneath to match that of the existing grass level. This new revision does not include the addition of a privacy screen.    

 

DEVELOPMENT PLAN/POLICY

 

The site is located inside the Sandown and Shanklin development envelope.

 

Relevant Unitary Development Plan policies are as follows:

 

S6 – All development will be expected to be of a high standard of design

 

D1 – Standards of design

 

H7 – Extension and Alteration of Existing Properties

 

G4 - General locational criteria for development

 

CONSULTEE RESPONSES           

 

None received.

 

PARISH/TOWN COUNCIL COMMENTS

 

None received.

 

THIRD PARTY REPRESENTATIONS

 

The application has attracted one letter of objection.

 

The resident of the neighbouring property objects to the raised decking on grounds of loss of privacy.

 

CRIME AND DISORDER IMPLICATIONS

 

No crime and disorder implications are anticipated.

 

EVALUATION

 

Determining factors are policy considerations, how the development will impact on the character and appearance of the area and how the proposal will impact on the amenity of neighbouring properties.  

 

The design of the extension and the decking do not significantly impact upon the character of the dwelling or the street scene. They are of an appropriate design and scale and the materials match the existing dwelling. 

 

The extension does not have any windows on the east elevation and therefore does not present any loss of privacy; it has minimum impact on neighbouring amenity. 

 

Both the extension and the raised decking are contained within the same application. The objection relates specifically to the raised decking so attention should be focused on whether the raised decking specifically contributes to a loss of privacy. 

A certain level of overlooking already exists on the site, this is exacerbated by a relatively low fence on the eastern boundary.

 

The main issue concerns the degree of visual intrusion and potential noise activity on the decking and whether this adversely impacts on the amenities currently enjoyed by the neighbouring property.

 

The revision to reduce the decking on the East elevation would minimise the impact on the neighbouring property by bringing the potential activity on the decking away from the boundary. The proposed leveling of the ground beneath the section of decking to be removed would further reduce the impact on the neighbouring property.

 

HUMAN RIGHTS

 

In coming to this recommendation to grant planning permission consideration has been given to the rights set out in Article 8 (Right to Privacy and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts this development might have on the owners/occupiers of other properties in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it is considered necessary for the protection of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim of the Council’s Unitary Development Plan and in the public interest.

 

JUSTIFICATION FOR RECOMMENDATION

 

Having given due regard and appropriate weight to all material considerations, I am satisfied that the retention of the rear extension, the removal of 2.5 metre section of the raised decking closest to the boundary fence and the subsequent leveling of the ground beneath the removed section of decking to grass level represents an acceptable form of development. 

 

The scale and design are in keeping with the existing and surrounding dwellings and with the removal of part of the decking the impact on the neighbouring property will be minimal.

 

RECOMMENDATION – APPROVAL (Revised Scheme)

 

Conditions/Reason:

 

1.      Within 2 months of the date of this consent the section of decking indicated green measuring 2.5 metres by 3.0 metres on the plan submitted on the 5 November 2004 shall be removed and the ground reinstated in accordance with condition 2.

 

Reason: In the interests of the amenities of the area, neighbouring privacy and to comply with policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.

 

2.      The ground level beneath the removed decking shall be reduced to match that of the existing level of the lawn in accordance with the approved plans within 2 months of the date of this decision and retained thereafter.

 

Reason: In the interests of the amenities of the area, neighbouring privacy and to comply with policy D1 (Standards of design) of the Isle of Wight Unitary Development Plan.

 

 

 

 

 

 

ANDREW ASHCROFT

Head of Planning Services