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The site represents the site of an approved development which sits at the south western side of Castletown abutting Scarlett Road and Close Rushen. The approved development proposes the erection of 41 dwellings and the conversion of two existing barns to living accommodation (see Planning History below).
The part of the site which refers to this application is at the south eastern end of the site where the emergency access discharges from the site to Scarlett Road/Queen Street. The access is for emergency and pedestrian access to and from the site only and will have gates at each end to prevent regular use. The access sits between Knock Rushen House and 17, Scarlett Road, both private dwellings outwith the control or ownership of the applicant.
The access road slopes downhill from the estate to Scarlett Road and has rendered walling on the Knock Rushen side with two types of walling on the side of 17, Scarlett Road. As approved the access was to have bollards at the estate end and gates at the coast end, thus allowing pedestrian access into the lane but no permanent egress at the other end.
The site lies within an area designated on the 1991 Castletown Local Plan and the draft Southern Area Plan which was published on 23rd October, 2009 as Residential with the Ancient Monument in the north western corner of the field identified on the draft Area Plan as Public Open Space.
Planning permission was granted for the development of the estate under PA 04/2083. Subsequent to this, planning permission has been granted and applied for, for alterations to approved dwellings under PAs 09/1335, 09/1949, 10/0241 and 10/0253.
Proposed now are amendments to the wall bounding Knock Rushen House, effectively introducing steps and raising the height of the wall by a maximum of 0.45 m raising the maximum height of the wall to 2.2 m . This is in order to provide additional privacy for the occupants of Knock Rushen House, taking into account the raising of the level of the access road once finished. Also proposed are metal stepped gates which will open to the north west but will allow permanent pedestrian access.
The owners of Knock Rushen House express concern that there are no written heights on the drawings to indicate the finished height of the walling and that the access will provide permanent pedestrian access which will be detrimental to their privacy. The applicant has undertaken a number of meetings with the objector to try to clarify the proposal and to meet their requirements.
The owners of 17, Scarlett Road object to the emergency access being used as a pedestrian right of way and express concern at the potential damage to their boundary wall as a result of works to the emergency access way.
Highways and Traffic Division indicate that they do not oppose the application
The issues in this case are the introduction of permanent pedestrian access along the emergency access way, the impact of the raising of the wall alongside Knock Rushen House and the appearance of the proposed gates.
The access way will undoubtedly be of use and value to the occupants of the estate. The coast is an amenity for those living in the area, as a place to sit and walk and direct access to the coast rather than having to walk via Farrant's Way and Queen Street will be of benefit to the occupants of the new estate as well as those living in existing properties in Scarlett Road.
The use of the emergency access by pedestrians will bring potential nuisance for the occupants of both Knock Rushen House and 17, Scarlett Road. However, both properties have walling alongside the access way and it is proposed to raise the height of the walling on the Knock Rushen side to reduce nuisance. As approved, people would be able to walk down the access lane to the gate at the coast side, and potentially climb over it to get to the coast road. Any concern about the structural stability of the existing walling is a private, civil matter between the property owners and the developer.
The gates are simple metal gates which are not offensive or out of keeping with the area. As such, the application is considered to be acceptable.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded 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.
The owners of Knock Rushen House and those of 17, Scarlett Road should be afforded party status as they are immediately adjacent to the site.
Recommended Decision: Permitted
Date of Recommendation: 12.07.2010
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the erection of gates at each end of the emergency access, and the raising of the height of the adjacent walling as shown in drawings reference 09 and 001 and as clarified in the photographs received on the same date.
The applicant is encouraged to liaise with the owners of Knock Rushen House and 17, Scarlett Road, particularly during works to the emergency access in respect of land ownership, the structural stability of the walling alongside the lane and potential disruption to the enjoyment of these properties during construction work on the lane.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made: Permitted Date: 15 July 2010 Signed: __________________________ 12 July 2010
10/00316/B
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Senior Planning Officer
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