Officer Report

Application No.: 25/90591/B Applicant: Mr William Frederick Adrian McLean Proposal: Replacement of front garden with driveway Site Address: 18 Bemahague Avenue Onchan Isle Of Man IM3 4AS Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.08.2025 _________________________________________________________________

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.

N 1. A S109 highway agreement will be required for the dropped kerb vehicular access. This application has been recommended for approval for the following reason. The proposal accords with the aims and objectives of General Policy 2 (b) (c) (g) (h) and (i).in the Isle of Man Strategic Plan (2016) and the Design Guide. Plans/Drawings/Information;

Approved Plans and details This decision relates to the following Plans and Details submitted on the 10th of June 2025.

• o Location Plan
• o Proposed Site Plan
• o Existing and Proposed Elevation Plan
• o Visibility Splays
• o Proposed Scheme of Work _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Highways Services - No objection

• o Onchan Commissioners - No Objection _________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is within the curtilage of no.18 Bemahague Avenue in Onchan. The dwellinghouse is a two storey end terrace of 3 properties on the east side of Bemahague Avenue. The frontages are separated from the road by private gardens and paths. - 1.2 The character of the street is that it has an open feel with mostly lawns and shrugs between properties. However there are some fences on boundaries. Three properties on the same side of road have constructed off-road parking spaces within the front gardens.

2.0 THE PROPOSAL - 2.1 The current planning application seeks approval for the removal of most of the garden to construct off-road parking. The proposal includes dropping the curb to facilitate access and laying a permeable resin surface. Flower beds and two shrubs are proposed retained either side of the permeable surface; one shrub would be moved back from the pavement to improve visibility. - 2.2 In support of the proposals the applicant has submitted photographs, floor plans, elevation plans, a visibility splay plan and a scheme of work detailing the construction.

3.0 PLANNING HISTORY - 3.1 There is no previous history on the site.

4.0 PLANNING POLICY - 4.1 Site Specific

• 4.1.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East; Proposals Map 6, Onchan.
• 4.1.2 The site is not constrained by the following; Flood Risk Zone or surface water flooding; Conservation Area; Registered Building; Registered Tree(s).

4.2 Strategic Policy

• 4.2.1 Given the above observations the following Isle of Man Strategic Plan 2016 Policies are considered relevant.
• 4.2.2 General Policy 2 outlines the general standards for acceptable development that include respecting the site and its surroundings, ensuring that the proposal does not adversely affect the character of the area or cause harm to neighbouring amenity. In addition there should be no adverse impact on road safety. GP2(b) (c) (g) (h) and (i).

5.0 OTHER MATERIAL CONSIDERATIONS - 5.1 Residential Design Guide (July 2021) Section 6.3 'Front gardens and Driveways'; Front gardens are important in their role in the aesthetic character of a street and natural wildlife habitat. Careful consideration in design can minimize the impact. The cumulative impact of the loss of several gardens to vehicle parking can become harmful to the visual as well as wildlife when all habitat is removed.

6.0 REPRESENTATIONS - 6.1 Local Authority

• 6.1.1 Onchan District Commissioners recommend approval (09.07.2025).

6.2 Statutory Consultees

• 6.2.1 DOT Highways Services have no objection; no significant negative impact upon highway safety, network functionality and/or parking. A S109 highway agreement will be required for the dropped kerb vehicular access (21.06.2025).

• 6.2.2 Manx Utilities (electricity) were consulted on 16.06.2025 but at the time of writing this report (21.08.2025) no comment has been received.
• 7.0 ASSESSMENT

7.1 The proposal is residential in nature and the site is within an area of residential development therefore the principal of the proposal is acceptable. The key issues in assessment of this planning application are;

• (7.2) Impact on the character of the street scene.
• (7.3) Impact on highway safety.
• (7.4) Impact on neighbours.

7.2 Impact on the character of the street scene

• 7.2.1 The proposal retains some garden features and although over time it is possible that these features might be altered, the ability to include vegetation within the front garden is proposed retained. Therefore in respect of the site, the proposal adequately accords with Policy.
• 7.2.2 In respect of the street scene the proposal would add another property to those that have already given over some or most of the front garden to vehicle parking. It is acknowledged that this is a growing trend due to the increase in car usage, and therefore potentially could occur at each dwellinghouse. However the inclusion of vegetation within the scheme prevents adverse harm occurring.
• 7.2.3 Overall the cumulative effect would not cause adverse harm to the character of the street or neighbourhood outlook. It is considered that the proposal accords with General Policy

2 (b) (c) (g) (h) and (i) in the Isle of Man Strategic Plan (2016) and the Design Guide.

7.3 Impact on Highway Safety

• 7.3.1 The applicant has submitted a plan showing the visibility splays; That plan and the proposed site plan show that by moving a shrub away from the road will enable good visibility to the south-west. The Department of Transport, Highways, have raised no concerns.
• 7.3.2 It is considered that the proposal accords with General Policy 2 (h) and (i).

7.4 Impact on neighbours

• 7.4.1 The existing lawn is separated from neighbouring properties by paths and flower beds. To the north-east, no.20, the land adjacent to the site is a path to the front door and porch. To the south-west, 16, the land is separated by the path to the applicant's front door and porch. The greatest potential impact is on no.16 because the front window is closer to the site than no.20. However because of the retained vegetation and fact that the site is to the north, the proposal is unlikely to cause adverse harm to residential amenity.
• 7.4.2 Overall the proposal accords with General Policy 2 (g).

- 8.0 CONCLUSION

8.1 The proposal accords with the aims and objectives of General Policy 2 (b) (c) (g) (h) and (i).in the Isle of Man Strategic Plan (2016) and the Design Guide. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative. _____________________________________________________________________________________________________

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.

Decision Made : Permitted Date : 22.08.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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