DEC Officer Report

Application No.: 20/00070/B Applicant: Mr Donald Taylor Proposal: Creation of driveway and vehicular access Site Address: 40 Droghadfayle Road Port Erin Isle Of Man IM9 6EN Planning Officer: Mr Paul Visigah Photo Taken: 12.02.2020 Site Visit: 12.02.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.02.2020 _________________________________________________________________

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. Prior to the use by vehicles of the new access and parking area hereby approved, a dropped kerb across the whole of the new vehicular access must be in place. Reason: in the interests of the visual appearance of the area and highway safety.

Note: approval from Department of Infrastructure will be required before any work is undertaken within the highway.

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

It is considered that the planning application accords with General Policy 2 of the Isle of Man Strategic Plan 2016 and section 6.3 of the RDG 2019 and is therefore recommended for approval.

Plans/Drawings/Information;

This approval relates to the Location Plan, Site Plan, and Supporting Statement all received on 24th January, 2020. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report APPLICATION SITE

1.1 The application site is the residential curtilage of 40 Droghadfayle Road, Port Erin. The property is a single storey detached dwelling with accommodation in the roof, situated on the southern side of Droghadfayle Road. The dwelling has a detached garage on the eastern elevation with access to Droghadfayle Road which opens up a section of the existing 850mm brick wall which forms a boundary on the front elevation of the dwelling.

THE PROPOSAL

2.1 The application seeks approval for creation of driveway and vehicular access 2.8 metres in width. Currently the property is served by a driveway and access which serves the existing detached garage, although the depth of the garage makes it difficult for the applicant to park his car effectively on the site as sections of the car protrudes onto the adjacent highway.

2.2 What is proposed would create a new driveway and access to the site with a clear line of sight onto the adjacent highway; with sufficient depth to ensure that a vehicle can be safely enter/exit Droghadfayle Road without creating safety concerns for users of the highway. The works would result in the removal of 2.8m of the existing brick wall and the creation of a hard standing area 3.5m wide on the western elevation of the dwelling. The works would also require altering sections of the drop kerb to enable vehicles enter and exit the site. PLANNING POLICIES - 3.1 The property sits within an area designated as 'residential' on the Area Plan for the South (2013) and the site is not within a Conservation Area nor is the property a Registered Building. As such, General Policy 2 of the Strategic Plan is applicable; particularly those parts which require development not have an adverse impact on the character of the area or the living conditions of those in nearby dwellings (2b, c and g).

3.2 General Policy 2 states: "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;

• (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;

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 This application site has not been the subject of any previous planning applications and there are no planning applications within the vicinity of the application site that are considered specifically material to the assessment of this current planning application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division have made the following comments regarding the application in a letter dated 19 February 2020:

New accesses are normally perpendicular to the kerb edge resulting in a vehicle crossing the dropped kerb at a right angle.

Nevertheless, the proposed access would afford good visibility in both directions due to it being located on the outer edge of a bend. Whilst there are some concerns over the proposed access arrangement, these concerns are not considered to warrant a reason for refusal.

As a result, the proposals are considered on balance to be acceptable.

Please attach a section 109a application form to any approval and a condition securing a surfaced and drained driveway so as to avoid any mud, chippings or surface water draining onto the public highway.

ASSESSMENT

6.1 There are three key issues to consider in relation to the proposed scheme. Firstly the visual impact of the development within the street scene; second the potential impact upon highway safety; and thirdly the potential impact upon existing on street parking in the area. Visual impact of the development within the street scene

6.2 In relation to the visual impact, the proposal is relatively modest in terms of scale and design, although it would introduce a feature which is not common within the vicinity; a property having two driveways and vehicular access. Granting the proposal would introduce a new feature within the street scene, it is not considered that this would be detrimental to the appearance of the street scene as the works would seamlessly fit into the residential character of the area. Besides, it is not uncommon to have more than one vehicular access and driveway on residential dwellings on the island.

6.3 The proposed works would retain more than half the frontage as walled with sufficient space to ensure that new access is integrated into the site layout without considerable impact on the existing front lawned area. The additional hard standing will enable greater accessibility and sufficient parking allowance for the larger vehicle owned by the applicant with no adverse impact on the character and appearance of the street scene. Potential impact upon highway safety - 6.4 Highway Services have considered the application and have raised no objection to the proposal in terms of the principle of a new entrance or raised visibility concerns with the new access. Accordingly, without an objection being made it is considered the proposal from this respect is acceptable. Potential impact upon existing on street parking in the area - 6.5 With regard to0 on-street parking within the area, it is noted that the proposal would reduce the need for vehicles to be parked on the street as the additional parking area would ensure that an additional vehicle is parked off street. As such, it is noted that the proposal would increase the level of off-street parking and therefore potentially reduce the need for onstreet parking in the area.

RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval. 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 09.03.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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