DEC Officer Report

Application No.: 19/01399/B Applicant: Mr Matthew Wilkinson Proposal: Widening of driveway and access Site Address: 18 Woodlands View Douglas Isle Of Man IM2 2BT Planning Officer: Mr Paul Visigah Photo Taken: 08.01.2020 Site Visit: 08.01.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.01.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions Plans/Drawings/Information; This approval relates to the Location Plan, photographs and drawing received on 16 December,

• 2019. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the residential curtilage of 18 Woodlands View, Douglas, an existing semidetached house situated within Woodlands View which ends in a cul-de-sac. The front garden is presently partly given over to hard surfacing in the form of a drive which leads up to the house, with only a small strip turfed. The vehicular access has been widened to 8m, covering a depth of 5.5m. THE PROPOSAL - 2.1 The proposal seeks planning approval for Widening of driveway and access. The drop kerb would be made to suit driveway, completed in accordance with DOI Transport division direction under section 109A Agreement.

2.2 At the site visit it was clear that the development has already been carried out and as such it would be assessed as a retrospective application.

• PLANNING POLICY
• 3.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under Douglas Local Plan Order 1998. The site is not within a Conservation Area. Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:

3.2 General Policy 2: 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;

• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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 and
• (j) can be provided with all necessary services".

3.3 Also, the Department introduced new guidance which provides advice on new residential development including extensions and alterations to accesses, as follows: "6.3 DRIVEWAYSAND FRONT GARDENS

• 6.3.1 Front gardens provide an important physical boundary between a dwelling and the public realm. They can enhance the privacy of a dwelling, as well as filtering out the noise and air pollutants produced by pedestrians and motorised traffic. Front gardens with perimeter walls, hedges or fences can offer safer spaces in which children can play and they often contribute to the natural habitat of wildlife. Urban green space has a positive effect on health and wellbeing, by enhancing sensory and aesthetic awareness.
• 6.3.2 Increased car ownership and the resultant increase in demand for parking spaces has led to congested roads and has prompted many households to consider transforming their front gardens into a hardstanding to provide off-street car parking. Using good design and a little imagination it is possible to combine parking provision with an attractive and welcoming front garden. It should be noted that for properties within Conservation Areas, in particular terraces, the creation of new access/openings may unacceptably disrupt the rhythm, appearance and character of the existing street scene/Conservation Area and is unlikely to be supported. In such areas, parking to the rear may be a more acceptable option.
• 6.3.3 It should be acknowledged that car parking in front gardens does not necessarily increase the overall amount of car-parking capacity within an area. The creation of an offstreet space normally requires the provision of a new access, which can result in the loss of at least one on-street parking space. Proposals which do not result in a net benefit are unlikely to be supported.
• 6.3.4 Proposals which result in the loss of more than 50% of the existing front lawned/landscaped garden will not normally be supported, to ensure the character of the street scape is retained and avoid frontages of properties appearing as one large car parking area, detrimental to the appearance of the street scene and to the outlook of residents. It is important that the design of a driveway maintains a balance between hard and soft

landscaping and contributes positively to the street scene. Proposals are unlikely to be supported where they do not meet the following guidelines:

• o the area intended for the driveway should be the minimum space necessary (see the Manual for Manx Roads);
• o where possible, the impact of the driveway is lessened by retaining mature trees and shrubs and/or creating areas of new planting (for example, a planted strip or hedge between the vehicular and pedestrian access can help to break-up the appearance of the hardstanding whilst planting around the fringes of the driveway can also be used to good effect and may be used to help screen the vehicle);
• o if an opening is made in an existing wall, fence or other boundary feature, the ends should be made good with matching or sympathetic materials (i.e. pillars);
• o where possible, separate pedestrian access should be retained/provided (existing gates should normally be retained and any new gates should not open out over the highway);
• o any new gates, walls, fences or other boundary features should reflect the traditional style of the local area;
• o consideration should be given to a strip of grass or gravel placed in the centre of the hardstanding can hide leaked oil and maintain the look of a front garden; and
• o parking spaces should be avoided directly in front of any Primary Window as the resulting
• outlook can be undermined by the presence of parked cars.

• 6.3.5 The cumulative impact of the creation of a large number of impermeable surfaces within an area can lead to a material increase in run-off during rainfall events, potentially causing localised flooding. Therefore, proposals are unlikely to be supported unless they adopt one or more of the following approaches:

• o utilising an existing green or gravel area;
• o guiding water away from any impermeable area towards a vegetated area, or soakaway; and/or
• o constructing a driveway from block paving or other permeable surface (i.e. loose gravel and resin bound gravel (prevents gravel spilling onto highway) or matrix pavers or cellular paving
• or brick pavers or permeable bitmac).

• 6.3.6 If, following the installation of a driveway or parking area, there are disputes between neighbouring properties in relation to drainage matters this will normally be regarded as a civil matter.
• 6.3.7 Consideration needs to be given to the movement of people and vehicles entering and leaving the driveway/access. The following advice should be considered:

• o to allow good visibility splays for cars leaving the driveway, vegetation or other features such as gates, pillars and walls should not be over 1m high within the required visibility splay (See Manual for Manx Roads to determine required visibility splay); and
• o cars should not overhang the pavement, should not block the entrance to the dwelling and a clear pathway should be provided at the entrance to the dwelling.

• 6.3.8 It is an offence under the Highways Act 1986 to carry out any works (i.e. creation of a new access, altering an existing access and dropping a kerb etc) within the public highway without permission of the Department of Infrastructure and no construction work affecting the highway can commence until a Section 109A Agreement (separate from a planning application

• without this agreement the works approved by the planning application cannot be carried out) has been signed."

PLANNING HISTORY

4.1 The application site has been the subject of two previous applications, one of which is considered to be relevant in the assessment of the current application.

PA 90/04206/B for the Construction of garage, 18 Woodlands View, Annacur, Douglas. Status: PERMITTED

The driveway serving the garage has been widened through the current development. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose subject to condition - DNOC' in a letter dated 21 January

1. The comments: No objections. Please attach a S109A to any future consent.

5.2 Douglas Borough Council has indicated that they have no objections to the application in a letter dated 2 January 2020. ASSESSMENT - 6.1 The issue here is whether the wider access and hardstanding would have an adverse impact on the character and appearance of the area, as well as highway safety.

6.2 The previous driveway provided room for one vehicle off the road with the current application seeking to enlarge this area to 8m which would allow for two vehicles to park on the hard standing area, with sufficient room to allow for pedestrian movement around the parked cars; hence conforming to the requirements stipulated in section 11.6.3 of the MFMR. Whilst the removal of the a significant section of the existing front lawn is considered to be beyond the prescribed proportion stipulated in paragraph 6.3.4 of the RDG 2019, the increased hardstanding area has not altered the view in the cul-de-sac within which the dwelling sits as other dwellings in the estate have had alterations to their driveway with significant portions of turfed areas removed to provide for off street parking; a condition that has been necessitated by the lack of on-street parking provisions within the estate.

6.3 Regarding highway safety, it should be noted that the extension of the drop kerb to replace the raised kerb stones have increased the width of the access, and as such represents an improvement to highway safety, since vehicular access to and from the site has been facilitated by the enhanced access. As well, the works have increased visibility for vehicles exiting the driveway and consequently improved highway safety when exiting the property, thus conforming to General Policy 2h and 2i. CONCLUSION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and the Manual for Manx Roads therefore it is recommended that the application be approved. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and

• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 29.01.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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