REPORT OF THE HEAD OF PLANNING SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION - 23 JULY 2004

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2

TCP/26277   P/00832/04  Parish/Name:  Ventnor

Registration Date:  15/04/2004  -  Full Planning Permission

Officer:  Mrs. H. Byrne           Tel:  (01983) 823594

 

Conservatory on rear elevation at 1st floor level

18 Foxhills, Whitwell Road, Ventnor, PO38

 

REASON FOR COMMITTEE CONSIDERATION    

 

Report has been requested by Local Member, Councillor Buster Bartlett as he is not prepared to agree to the application being dealt with under the delegated procedure.  He considers the conservatory in position as proposed, would overlook adjacent property owners.

 

PROCESSING INFORMATION    

 

This is a minor application, the processing of which will have taken 14 weeks to the date of the committee meeting and subsequent site inspection.  The application has exceeded the prescribed 8 week period for the determination of planning applications due to the need for committee consideration.

 

LOCATION & SITE CHARACTERISTICS 

 

Application relates to a house on a newly developed residential area along the Ventnor to Whitwell road.  Profile of land that estate built on, slopes quite steeply from top row of houses down towards Whitwell Road level, majority of plots on estate slope down towards the road and due to the orientation of the houses does afford a certain amount of mutual overlooking.  Property, the subject of this report, is single storey at the front and two storey at the rear.  Balconies are a prominent feature of the area, on both the front or rear elevations.

 

RELEVANT HISTORY

 

TCP/7690/M – 26 detached houses and landscaping, planning permission granted 16 June 1993, on the land at The Heights, Whitwell Road, Ventnor.

 

DETAILS OF APPLICATION

 

Consent is sought for a small conservatory to be built at 1st floor level at the rear of the property, utilising part of the existing balcony as a base.  The conservatory projects 2.9 metres at the rear wall and is 3.6 metres wide, resulting in the proposal extending 1.1 metres beyond existing balcony, supported by steel columns clad in timber.

 

DEVELOPMENT PLAN/POLICY

 

Site is located within the 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

 

G4 - General locational criteria for development

 

H7 - Extension and alteration of existing properties

 

CONSULTEE RESPONSES

 

National Air Traffic Services have raised no safeguarding objections to the proposal.

 

PARISH/TOWN COUNCIL COMMENTS

 

Ventnor Town Council sees no reason why planning consent should not be issued in respect of this application.

 

THIRD PARTY REPRESENTATIONS

 

The application has attracted two letters of objection.  The points raised are summarised as follows:

 

 

 

 

 

CRIME AND DISORDER IMPLICATIONS

 

No crime and disorder implications are anticipated.

 

EVALUATION

 

Determining factors are policy considerations, amenities currently enjoyed by adjoining property occupiers and how the development will affect the character and appearance of the area.

 

Regarding the impact on neighbouring properties, the main area of objectors concern relates to the increased levels of overlooking and the potential for loss of light and amenity that the proposed conservatory will cause.  It is appreciated that the proposal will present some overlooking of adjacent properties however I do not consider that this will be a significant increase, detrimental to the amenities of these property owners as overlooking exists already from the balcony of the property. There is also sufficient distance between boundaries to minimise impact.

 

The proposed conservatory is of modest size, projecting a total of 2.9 metres and 1.1 metres from the existing balcony and being only 3.5 metres in width. It is of a lightweight construction and will be supported by the existing balcony and two thin steel columns clad in timber.  Due to the profile of the land the conservatory will be visible from the road below, but given the size of the proposal, I do not consider that there will be an adverse impact on the character of the area.  There are several conservatories, of similar construction and size, at 1st floor level in the locality.

 

I am firmly of the view that the proposed conservatory will have no adverse impact on the neighbouring property in terms of loss of light, overshadowing and loss of amenity. Furthermore the proposed conservatory may in fact reduce the physical presence of the occupants of the property utilising the existing balcony.

 

A full inspection of the site has been made from the existing balcony and road below.

 

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 to and appropriate weight to all material considerations referred to in this report, I am satisfied that the proposed conservatory represents an acceptable form of development and that proposal will not detract from the character of the locality or amenities of adjoining neighbours.

 

            RECOMMENDATION  -  APPROVAL

 

Conditions/Reasons:

 

1

Time limit - full   -   A10

2

The materials to be used for the external finishes for the development hereby approved shall be as detailed on the plans and application forms accompanying this decision unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: In the interests of the amenities of the area and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.

 

 

 

 

ANDREW ASHCROFT

Head of Planning Services