Officer Report

Application No.: 25/90683/B Applicant: Mrs Alice & Jonathan Leadbeater-Terris & Davies Proposal: Extend existing dropped kerb between properties and remove boundary wall. Site Address: 52-54 Victoria Road Douglas Isle Of Man IM2 4HQ Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.09.2025 _________________________________________________________________

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.

• C 2. The flower bed and drainage channels shown on the approved plan for no.52 Victoria Road referenced 07/P Rev 1 shall be retained and maintained by each owner or occupy of for the lifetime of the development.

Reason: To protect the character of the site and streetscene in accordance with the Residential Design Guide and to protect residential amenity by ensuring adequate drainage in accordance with General Policy 2 and the Manual for Manx Roads.

• C 3. The flower bed and drainage channels shown on the approved plan for no.54 Victoria Road referenced 07/P Rev 1 shall be retained and maintained by each owner or occupy of for the lifetime of the development.

Reason: To protect the character of the site and streetscene in accordance with the Residential Design Guide and to protect residential amenity by ensuring adequate drainage in accordance with General Policy 2 and the Manual for Manx Roads.

• N 1. A S109 highway agreement is required from Highways Services for the dropped kerb vehicular access prior to construction on the public highway.

N 2. Allowing surface water runoff onto a public highway would contravene Section 58 of theHighway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

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 Residential Design Guide.

Plans/Drawings/Information; This decision relates to the following Plans and Details submitted on the 14th of July 2025.

• o Site Location Plan, drawing no.01P
• o Proposed Site Plan no.52, drawing no.05P (visibility splay)
• o Proposed Site Plan no.54, drawing no.06P (Visibility splay)
• o Proposed Plan and Elevations, drawing no.07P submitted on 16.09.2025. _________________________________________________________________

Right to Appeal

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

• o Douglas City Council - no objection
• o Highways Services - no objection
• o Highways Drainage - no objection and the applicant has incorporated drainage measures to protect the public highway from additional surface water.

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is within the curtilage of two semi-detached dwellinghouses that are separated by private driveways for each property, no.52 and 54 Victoria Road. The frontages are separated from the road by private gardens that are a mix of paving and flower beds, a low wall and metal gates to each existing driveway. - 1.2 Semi-detached dwellings in this location are similarly separated, some with deeper or sorter drives than the application site. Vegetation between the dwellings is minimal

2.0 THE PROPOSAL - 2.1 The current planning application proposes increasing the off-road parking depth for both properties by removing the shared low wall on the boundary between the houses and the footpath; And widening the existing dropped kerb. The new driveway would be finished with graphite style resin. - 2.2 In support of the proposals the applicant has submitted plans and details of the proposed finished materials.

3.0 Planning History

3.1 There is no relevant previous planning history for this site. - 4.0 PLANNING POLICY

4.1 Site Specific

• 4.1.1 The site lies within an area zoned as 'Mixed Use' on the Area Plan for the East; Proposals Map 4, Douglas.

• 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. 5.2 s58 of the Highways Act and Manual for Manx Roads to ensure additional surface water does not discharge onto the highway - 6.0 REPRESENTATIONS 6.1 Local Authority

• 6.1.1 Douglas City Council have no objection (29.07.2025).

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 (21.07.2025).
• 6.2.2 DOT Highways Drainage have no objection but request that the applicant demonstrates compliance with s58 of the Highways Act and s11.3.11 of Manual for Manx Roads to ensure additional surface water does not discharge onto the highway (01.08.2025).

- 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

• 7.2.1 Part of the street character in this location is low walls with private gated driveways and vegetation between the semis. Removal of the wall will cause some harm to the character of the street. However the harm is considered slight given the width and fact that either side of the wall vehicles could be seen parked. The amended proposal incorporates retained flower beds in the front garden areas and this should help towards retaining some of the street character.

• (7.2) Impact on the character of the street scene.
• (7.3) Highway impact and drainage.
• (7.4) Impact on neighbours.

• 7.2.2 As such 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 Residential Design Guide.

7.3 Impact on Highway Safety

• 7.3.1 Visibility splay plans have been submitted for both dwellings within the application site. These are existing off-road driveways and no harmful impact is observed and no objection raised by the Department of Transport

• 7.3.2 Concerns were raised regarding the management of surface water. The amended plan addresses the concern by including a storm drain across the site on its boundary with the public highway. The storm drain should help manage excessing downpours within the site. The measures are considered adequate to meet the aims and objectives of the s58 of the Highways Act and Manual for Manx Roads.
• 7.3.3 As such it is considered that the proposal accords with General Policy 2 (g) (h) and (i).
• 7.4 Impact on neighbours

• 7.4.1 As per paragraph 7.2.1, no adverse impacts are observed in respect of the visual impact.

• 7.4.2 The proposal does not directly affect the adjoining semi / neighbour of no.52 or no.54. Indirectly however there might be some impact for the neighbours because there will be less on road parking availability. However this is likely only to impact one vehicle space and in any event the improved off road parking for the applicants will ensure their vehicle is parked off the road.
• 7.4.3 As such there are no adverse neighbour impacts observed and 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 Residential 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 a Principal Planner 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: 17.09.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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