Officer Report

Application No.: 24/91078/B Applicant: Mr & Mrs Philippus & Louna Vermeulen Proposal: Reroute an existing right of way by removing some of the wall and installing a fence. Site Address: The Herring Houses Fort Island Road Derbyhaven Isle Of Man IM9 1TZ Planning Officer: Graham Northern Recommended Decision: Permitted Date of Recommendation: 06.12.2024 _________________________________________________________________

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 proposed access works shown on the approved plans drawing no 105 Rev D must be completed before first use of the proposed access and retained thereafter. Reason: In the interests of highway safety
• C 3. The existing access shall be blocked up within 3 months of the completion of the new access with finish and height to match existing and a pedestrian gate as shown on the proposed site plan drawing no 105 Rev D.

Reason: For the avoidance of doubt and to ensure there is only one vehicle access in the interests of highway safety.

This application has been recommended for approval for the following reason.

It is considered that the proposal will have an acceptable impact on the character and appearance of the area and would not have detrimental impacts on the living conditions of those in adjacent properties, satisfying the requirements of General Policy 2 and would improve accessibility and is acceptable from a highway safety perspective complying with policy TP6.

Plans/Drawings/Information; This approval relates to the following drawings and documents received 08 October 2024:

Drawing Location Plan and Site Plan Drawing Proposed Site Plan Drawing Design Visibility Splay Drawing Elevations Drawing Vehicle Tracking

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority - no objections DOI Highways - no objection subject to a condition which have been applied

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The Herring House which sits on the western side of Fort Island Road in the group of dwellings which sit to the south of Derbyhaven Road to the north. The highway is narrow with most dwellings sitting right onto the highway. - 1.2 The proposals and site relates to a small strip of land to the east of the highway Fort Island Road that provides access into the property and the highway verge.

- 2. THE PROPOSAL

• 2.1. This application seeks the rerouting of the existing right of way by the removal of some of the existing boundary walling and the installation of some fencing. The proposals essentially seek to reroute the historical access over the Herring House front garden to allow vehicular access by the owners of properties in Fishermen's Walk (the lane) to or from their properties to the Derbyhaven High Road and Fort Island Road.
• 2.2 The proposals are to achieve accessibility and provide visibility splays to the access way.
• 3. PLANNING HISTORY

• 3.1. There have been a previous planning applications on this site and associated applications relating to the wider site. The application considered relevant in the assessment and determination of this application is listed below.

• 3.2. Alterations to existing windows to create two new windows to front elevation refused under 19/00844/B
• 4. PLANNING POLICY

• 4.1. The site lies within an area zoned as "Predominately Residential on the Area Plan for the South. The site is not situated within a Conservation Area.

• 4.2. Given the nature of the nature of the proposed development, it is important to consider the following policies of the strategic Plan:

4.3 General Policy 2 sets out Development Control Considerations, including that development will be permitted provided it, "(c) does not affect adversely the character of the surrounding landscape or townscape;

• (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;"

• 4. 4 Transport Policy 5: Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan.

4.5 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.

- 5. REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary ; 5.2 LOCAL AUTHORITY

• - Malew Commissioners 06.11.2024 - No objections. 5.3 STATUTORY BODIES
• - Highways Services 21/10/2024 - Do not oppose subject to a condition (DNOC) - access works shown on the approved plan must be completed before first use of the proposed access and retained thereafter.

5.4 No comments received from neighbouring properties. - 6. ASSESSMENT

6.1 The key issues to consider here are the visual impacts of the proposals in terms of the street scene, impact on amenity and highway safety. - 6.2 The proposed works are for minor alterations to facilitate access. They equate to 36.6 sq. metres to achieve a 3.6 metre wide access strip, with a 4.5 metre opening to the existing walling.

Visual Impact 6.3 The changes are minor and of a domestic nature to domestic dwelling with the proposals taken a minor proportion of the properties garden. The works including boundary treatments/ gates proposed are well designed and in keeping

6.4 The proposals are therefore considered acceptable from a visual perspective. Neighbouring Amenity

6.5 The works proposed involve mainly boundary treatment work and hardstanding and the main property affected is the applicants. The loss of garden area equates to only 21% and ample garden is left for the amenity of residents. - 6.6 The proposals as such are not considered to result in any significant negative residential amenity impact. Additionally the works are being proposed to improve access and as such the benefits should also be born in mind. Highways Safety - 6.7 The evidence provides make the case that the narrowness of Fishermen's Walk itself makes it impractical for many vehicles to use - the narrowest section of Fisherman's Walk is approximately 2.15m (wall to wall). This is located outside the property 'Seagull's Hollow'. There is also a narrow section (approximately 2.07m) adjacent to the Old School House as a result of a gully surround at ground level.

6.8 The proposals as such seek to provide a more convenient access and boundary treatment to protect pedestrians and the garden. - 6.9 Highways raise no objection subject to the works being complete prior to the access first use. As such the proposals are considered acceptable and beneficial from a highway safety perspective.

- 7.0 CONCLUSION

7.1 Overall, it is considered that the proposal will have an acceptable impact on the character and appearance of the area and would not have detrimental impacts on the living conditions of those in adjacent properties, satisfying the requirements of General Policy 2 and would improve accessibility and is acceptable from a highway safety perspective complying with policy TP6. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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. - 8.4 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.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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 and/or rights to appeal.

Decision Made: Permitted Date: 23.12.2024 Determining officer

Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

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