Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Planning Committee
Officer's Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS THE RECOMMENDATION IS CONTRARY TO HIGHWAYS DIVISION.
Introduction
This application is for the creation of a driveway and vehicular access at a property in a residential area. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.
The Site
The application site is the curtilage of Laureston, The Level, Colby which is a semi detached dwelling situated to the northern side of the highway. The application site adjoins "Glen Chass" which is the other part of the semi.
There is a garden area to the front of the property which also runs up the side, the wall on the front boundary is fairly low level with a pedestrian access. The site gently slopes downwards from the north west to the south east towards the highway.
The Proposal
The application seeks approval for the creation of a driveway and vehicular access this would include the removal of part of the boundary wall and erecting a new gate pillar.
Also proposed is removing the existing kerb and form new concrete drive sloping with the existing site topography. The new gate pillar would be finished to match the remaining boundary wall.
Planning History
The previous planning applications are not considered specifically material in the assessment of the current application.
Development Plan Policies
The application site is in an area zoned as "Predominantly Residential" identified on the Arbory and East Rushen Local Plan 1999. It is appropriate to consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).
General Policy 2
Application No.:
12/00499/B
Applicant:
Meadow Developments Ltd
Proposal:
Creation of a driveway and vehicular access
Site Address:
Laureston The Level Colby Isle Of Man IM9 4AG
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:
a) Is in accordance with the design brief in the Area Plan where there is such a brief; 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; d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) Does not affect adversely public views of the sea; 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; j) Can be provided with all necessary services; k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) Takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) Is designed having due regard to best practice in reducing energy consumption.
Consultations
Highways Division recommend refusal as the required visibility splays of metres cannot be achieved over land within the ownership of the applicant. Even if Highways were to reduce the standard to 45 metres (depending on accident data), the reduced standard also cannot be achieved.
Rushen Commissioners have not commented
Assessment
The proposed creation of a vehicular access and creation of driveway would be similar to a number of other properties along this part of the highway such as the adjacent property "At Last".
The proposed alterations are in keeping with the street scene and would not have a detrimental impact on the character and appearance of the property or the surrounding area in general.
The Level is classed as a secondary route and therefore the Highways Division have requested visibility splays of . Further plans have been received which demonstrate that visibility can be achieved but over land which is not within the curtilage of the application site.
Whilst the maximum visibility splays cannot be achieved it is considered that the creation of an access and driveway would improve highways safety by removing parked vehicles from the road.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Rushen Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 27.07.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the creation of a driveway and vehicular access as shown in drawings 19th June 2012.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
