DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00666/B Applicant: Mr Ross Ollier Proposal: Alterations to existing access to create a parking space at rear of property (retrospective) Site Address: 33 Marathon Avenue Douglas Isle Of Man IM2 4JB Planning Officer: Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 29.08.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

N 1. The applicant is to be reminded of their separate obligations under Section 58 of the Highways Act 1986 in respect of not allowing surface water runoff onto a public highway.

This application has been recommended for approval for the following reason. The application is considered to have an acceptable visual, amenity, highway safety and surface water impact in line with General Policy 2 (b, c, g, h, and i) of the Isle of Man Strategic Plan 2016. For the avoidance of doubt a note to remind the applicant of Section 58 of the Highways Act 1986 will be added. Plans/Drawings/Information; This approval relates to the following drawings and information:

• o Location Plan !:1250
• o Site Plan 1:500
• o Proposed Plan 1:200
• o Visibility Splay 1:200
• o 2 x Site photographs

• all date received 06/06/2024.

• o email and 2 x photographs from the applicant date received 27/08/2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises the property and residential curtilage of 33 Marathon Avenue, Douglas; a two-storey end terraced dwelling situated at the end of the cul-de-sac. A series of garages are located to the immediate east and south-east of the dwelling, whilst a narrow access road passes along the site's eastern boundary connecting Marathon Avenue with another access road at the rear of properties within Marathon Drive.

2.0 THE PROPOSAL - 2.1 Retrospective planning permission is sought for the creation of a parking space to the rear of the property.

3.0 PLANNING HISTORY - 3.1 The site has recently been subject to two applications although not material in this specific case:

• o PA 23/00438/B - erection of front and side fencing (retrospective) - APPROVED at APPEAL
• o PA 20/01076/LAW - certificate of law development for window, door and roof alterations - APPROVED

4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as 'Predominantly Residential' in the Area Plan for the East 2020. The site is not within a Conservation Area and not recognised as being at any flood risk, although the rear lane is recognised as being at some surface water risk. - 4.2 The most relevant policies from the Strategic Plan 2016 are:

• o Strategic Policy 1 - make best use of existing sites and ensuring access and utilising existing infrastructure
• o General Policy 2 - general standards towards acceptable development including visual and neighbouring amenity and highway safety (b, c, g ,h and i)
• o Appendix 7 - parking standards

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Douglas Borough Council - No objection (26/07/2024) - 5.2 DOI Highway Services - do not oppose (19/07/2024) - no significant negative impact upon highway safety, network functionality and/or parking as any constraints in the new parking area are outweighed by the additional parking created in this high demand/short onstreet parking supply location. - 5.3 DOI Highway Drainage - Comments (29/07/2024) - allowing surface water to run off onto a public highway would contravene S58 of the Highway Act as well as guidance of S11.3.11 of the Manual for Manx Roads. The application should comply with the clause.

6.0 ASSESSMENT - 6.1 The existing property sits at the end of the terrace and has a small walled yard and a detached garage backing onto the rear lanes. Approval is sought for removal of part of the rear boundary wall and the creation of an access into the rear yard to create an off road parking space. The key issues to consider in the assessment are:

• o visual impact,

• o amenity impact
• o highway safety impact.

6.2 Visual Impact

• 6.2.1 The works are at the rear where the property backs on to rear access lanes and is surrounded by a number of garages and rear back gardens. The removal of part of the wall and creation of an access would not result in any adverse visual impacts in this instance given the 'service lane' nature of the rear and the various openings and hardstandings in this area. The application would comply with General Policy 2 (b, c and g) in this respect.

6.3 Amenity Impact

• 6.3.1 Given the siting and location of the existing property at the end of the terrace and nearest the back lanes and garages where there is already likely a level of vehicular and residential activity, that the proposal is not expected to result in any new, increased or adverse amenity impact on neighbours beyond the existing situation to warrant a concern in this instance in line with General Policy 2 (g).

6.4 Highway Safety

• 6.4.1 The proposal results in the creation of a new access in a fairly close knit area and which joins with the side access and rear access lanes. Whilst visibility might be reduced here due to the existing house, garage and surrounding development, traffic levels and traffic speeds in this area and likely to be low and therefore the proposal is not expected to result in any significant adverse highway safety issues in this case in line with General Policy 2 (h and i). DOI Highways state that "any constraints in the new parking area are outweighed by the additional parking created in this high demand/short on-street parking supply location", and this is concurred in this case.

• 6.4.2 Photographs submitted with the application show the paving (which appears permeable) and an existing drainage channel within the site along the edge of the existing outbuilding. DOI Highway Drainage have commented on the application in respect of surface water which should not flow onto any highway. The applicant has provided additional information clarifying the fall of the existing paved area falling into the site and served by the existing drainage channel. They do not believe the proposal result in any surface water entering the highway. On the basis of the additional information in respect of the fall and clarification of the existing surface water drain the application is considered to demonstrate that the proposal will not result in any new or increased surface water issues and no adverse highway safety impacts or increased flood risk off the site inline with GP2 (h and i). A note will be added to the application to remind the applicant of their separate obligations under Section 58 of the Highways Act 1986 to not allow surface water onto a highway.
• 7.0 CONCLUSION

7.1 The application is considered to have an acceptable visual, amenity, highway safety and surface water impact in line with General Policy 2 (b, c, g, h, and i) of the Isle of Man Strategic Plan 2016. A note for the avoidance of doubt to remind the applicant of Section 58 of the Highways Act is relevant to add in this case. - 8.0 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 Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 29.08.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.