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A decision made (20.04.2009) to maintain refusal of planning permission in relation to Willowmere, Willow Grove, Green Road, St. Clement.

Decision Reference: MD-PE-2009-0058			Application Number: RP/2008/2198 (If applicable)
Decision Summary Title :	RFR-Willowmere, Willow Grove, Green Road, St. Clement, JE2 6QB		Date of Decision Summary:		19.03.09
Decision Summary Author:	Marion Jones		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		n/a
Written Report Title :	RFR-Willowmere, Willow Grove, Green Road, St. Clement, JE2 6QB		Date of Written Report:		19.01.09
Written Report Author:	Marion Jones		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: , Willowmere, Willow Grove, , St. Clement, , JE2 6QB Construct 2 storey extension to north elevation with recessed balcony to west. AMENDED PLANS: Construct 2 storey extension to north elevation. Dormer windows to west and east elevations. REVISED PLANS: Change dormer window into doors with balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission.
Decision(s): The Request for Reconsideration was presented to the Minister at the Ministerial Meeting of 30th January 2009 where it was deferred pending a Ministerial site visit. Reason(s) for Decision: On the 19th March 2009 the Minister visited the site and after further consideration of the issues involved, decided that the decision to refuse the application would be maintained for the reasons attached below:
Reason(s) for Decision: On the 19th March 2009 the Minister visited the site and after further consideration of the issues involved, decided that the decision to refuse the application would be maintained for the reasons attached below:- Reason:- 1. The proposed dormer balcony due to its close proximity to the north boundary would result in unacceptable overlooking to the private amenity spaces of the neighbouring properties 'Li-Vana' (35 Victoria Court) and 'Wichita' and would also afford direct overlooking to their principal windows contrary to Policy G2 (ii) of the Island Plan. Condition :- 1. Prior to first use of the extension approved under planning permit P/2007/2008 the area of roof surrounding the dormer to the west elevation must be reinstated in accordance with Planning Approved Drawings P/2007/2008 'F' and 'G'. 1. To ensure that the approved development accords with the terms and conditions of Planning Permit P/2007/2008.
Resource Implications: None.
Action required: Notify Agent, Applicant and all other interested parties.
Signature:		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):

Willowmere, Willow Grove, St. Clement - Planning Permission Refusal

Application Number: RP/2008/2198

Request for Reconsideration Report

Site Address	Willowmere, Willow Grove, St. Clement, JE2 6QB.

Requested by	Mrs. R. Palin	Agent	Sean Osmand

Description	Construct 2 storey extension to north elevation with recessed balcony to west. AMENDED PLANS: Construct 2 storey extension to north elevation. Dormer windows to west and east elevations. REVISED PLANS: Change dormer window into doors with balcony. REQUEST FOR RECONSIDERATION of refusal of planning permission.

Type	Revised Plans

Original Decision	REFUSED

Reasons	1. The proposed dormer balcony due to its close proximity to the north boundary would result in unacceptable overlooking to the private amenity spaces of the neighbouring properties 'Li-Vana' (35 Victoria Court) and 'Wichita' and would also afford direct overlooking to their principal windows contrary to Policy G2 (ii) of the Island Plan.

Determined by	Delegated Refused

Date	10/11/2008

Zones	Built-Up Area

Policies	G2 (ii) General Development Considerations

Recommendation

Maintain refusal for the reasons given previously. All necessary remedial works are to be carried out to ensure that the dormer to the west elevation is completed in accordacne with the approved plans for Plannning Permit P/2007/2008 within 28 days or Enforcement Porceedings will be sanctioned.

Comments on Case	RP/2008/2198 - A Refusal Notice was issued on 10th November 2008 for Revised Plans to change the dormer window to the west elevation into doors with a balcony. An assessment of the surrounding area during the application process demonstrated that properties to the north of the application site were located on higher ground, approximately 2 to 3 metres above the ground level of ‘Willowmere’. The difference in ground levels was considered significant as the porposed dormer balcony, measuring 1.2m in length by 600mm in depth, would be level with the private amenity spaces to several of the properties along the north boundary. Particulary affected by the proposal were the properties of ‘Li-Vana’ (35 Victoria Court) and ‘Wichita’ whose southern boundaries are within less than five meters of the proposed balcony to ‘Willowmere’. This close proximity was considered to result in unacceptable overlooking to the private amenity spaces and principal windows of 'Li-Vana' and 'Wichita' contrary to Policy G2 (ii) of the Island Plan. A request for reconsideration of the decision to refuse the application was received on the 18th November 2008 on the grounds that the applicant did not consider that there is an ‘unacceptable overlooking to the private amenity space or principal windows of neighbouring properties’. A letter of representation was received from the former Deputy for St. Clement, Celia Scott-Warren, on behalf of the residents at ‘Li-Vana’, maintaining that the approval of the balcony would completely take away all privacy to the occupants and that the reasons for refusal should remain valid. Two further letters of representation was received from the residents of ‘Li-Vana’ defending their right to privacy which they felt would be eroded through the introduction of a balcony to the west elevation of ‘Willowmere’. The residents also referred to the fact that the two storey extension had increased in height by a 1m. The actual increase to the ridge height was agreed at 700mm. This amendment was not advertised as it was dealt with under delegated powers within the Department as it was considered to be a minor amendment. In summary the original application P/2007/2008 for a two storey extension to 'Willowmere' included a proposal for a recessed balcony to the west elevation. This element was removed from the scheme due to concerns of loss of privacy to occupiers of neighbouring properties to the north. The scheme was also amended to set it away from the north boundary and reduce it create a larger hip to the north eleavtion in order to protect the amenity of the neighbouring properties to the north. Whilst the proposed balcony is fairly modest in size it is nevertheless located in close proximity to the private amenity spaces of ‘Li-Vana’ and 'Wichita'. In spite of the presence of natural screening provided through soft landscaping to both the southern boundaries of both of these properties the issue of loss of privacy through direct overlooking remains.

Recommendation	Maintain refusal for the reasons given previously. All necessary remedial works are to be carried out to ensure that the dormer to the west elevation is completed in accordacne with the approved plans for Plannning Permit P/2007/2008 within 28 days or Enforcement Porceedings will be sanctioned.

Reasons	Refer to Point 1 under Reasons above

Background Papers	1:2500 Site Plan Request for Reconsideration letter from agent 18.11.08 Support information letter from agent 15.12.08 Letters/E:Mails of Representation : - Celia Scott-Warren, 5.12.08 Mr & Mrs Daligaut, ‘Li-Vana’, 9.12.08 & 16.12.08

Endorsed by		Date