Planning Officer Report

Officer's Report

Application No.:	12/01052/B
Applicant:	Mr Joe Wood
Proposal:	Creation of a vehicular access and associated parking
Site Address:	Ballavastyn Villa Leodest Road Andreas Isle Of Man IM7 3EG
Case Officer:	Mr Jamie Leadbeater
Photo Taken:	07.08.2012
Site Visit:	07.08.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the residential curtilage of a detached two storey dwelling on Leodest Road in Andreas. The dwelling was original built before 1921 and has since been extended including the erection of a detached garage. The north-east side elevation sits on the side of the highway and opposite a larger dwelling known as Northfield. The detached garage lies to the south-west of the dwelling and is accessed via a gravel driveway to the rear of the dwelling. The most easterly curtilage boundary that borders the road is lined by hedging and a number of mature trees that discards the view of the front garden from the road. A country lane borders the southern-most boundary of the site, which is accessed from road before the application property when approaching from Andreas village. The western-most and northern-most boundaries to the site border agricultural fields.

The Proposal

1. Proposed is the creation of a vehicular access and associated car parking area in existing front garden area. The vehicular access would be 2.4 metres wide, whilst the parking area would cover 97.5 square metres of garden space.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

00/00761/B - Extension to dwelling and erection of detached garage – Permitted.

Planning Policy

1. In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site is designated as 'white land'.

1. The Isle of Man Strategic Plan 2007 does not contain any specific policies relating to the creation of new accesses and parking space within the residential curtilage of

dwelling house outside of land-use zones. Subsequently, this proposal will need to be assessed upon its own merits in relation to its impact on the neighbouring property, street-scene, highway safety, and also the residential amenity of the application property.

Representations

1. Andreas Parish Commissioners have no objection to the proposal.

1. The Highways Division do not oppose the proposal as it has no traffic management, parking or road safety implications. Furthermore, the Highways Division note that whilst the applicant has not accurately shown the Visibility Splays from the proposed access, the required splays of 2.4 metres by 70 metres can be provided.

Assessment

1. The proposed vehicular access is sited north and adjacent to an existing access that is serviced via Leodest Road, however, given the Highways Division's response, it is not considered the access would be adverse to highway safety or traffic management. In terms of the proposed accesses visual impact on the rural landscape, given that the access would be sited within a relatively overgrown and well-disguised location, it would not cause unduly detrimental harm to the character and appearance of the rural landscape.

1. The proposed parking area is reasonable in size, given its proportionate take-up of garden space within the curtilage boundary of the site, and as such it is not considered to be detrimental to residential amenity. Moreover, the proposed parking area is sited a minimum distance of 20 metres from the front elevation of Ballavystn Villa. This is considered to be an acceptable distance to ensure the car parking space would not adversely impact on the resident's general residential amenity. Furthermore, the car parking area would be sited approximately 12 metres from nearest neighbouring property known as Northfield, and given that the parking area would be sited on the opposite of the road, it is not considered the proposal would cause an unreasonable level of harm to Northfield residents general residential amenity. In conclusion, the proposal is considered acceptable given that it complies with the general material planning considerations stated above.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Andreas Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested 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: 28.08.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: 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 approval relates to the creation of vehicular access and associated car parking area in the front garden, as shown in drawing no. 027/PL01, received on 25th July 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 29.8.12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager