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It is recommended that this application be considered by the Planning Committee at the request of the Senior Planning Officer.
The application site forms part of an area of open land situated at the end of one of the residential cul-de-sacs within the Broogh Wyllin estate, Kirk Michael. The cul-de-sac terminates with a turning area which is adjacent to the open space.
This application seeks approval for the creation of 8 parking spaces on part of the area of open space with access from the estate road. The application sets out that the spaces are required to overcome existing parking problems that are affecting the cul-de-sac. Further information has been provided by Michael Parish Commissioners win the form of letters supporting the scheme from a number of owners/occupiers of properties within the estate.
The application site is located within an area identified as being of Predominantly residential use by the Kirk Michael Local Plan. Within the Isle of Man Strategic Plan, the following policies are considered relevant:
Strategic Policy 5 - New development to make a positive contribution to the environment of the Island. General Policy 2 - General considerations to be used when assessing developments that are in accordance with the Development Plan. Environment Policy 22 - Development will not be permitted if it would unacceptably harm the environment or amenity of nearby properties in terms of pollution. Environment Policy 23 - Requirement for consideration to be given to impacts of alterations to existing facilities upon existing neighbours. Environment Policy 42 - New development must take account particular character and identity of immediate locality. Recreation Policy 2 - Development affecting Open Space of recreational or amenity value. Transport Policy 7 - Requirement for new developments to comply with current parking standards.
09/00327/B sought approval for the erection of a climbing frame. This was permitted.
Michael Commissioners support this application and have provided letters of support from owners/occupiers of the estate, including No.5, No. 22, No. 23, No. 35, No. 44 and No. 46.
The Highways Division does not object to this application and have provided comments as to why they feel that the application would represent an improvement to the existing situation.
The owners/occupiers of 18 Broogh Wyllin which is adjacent to the application site object to the proposed development stating that they are concerned that there will be an increased level of traffic and noise and that the privacy and security of their property would be adversely affected. They question the need for the proposed spaces and are concerned that the spaces will not be policed so as to prevent long term parking by larger vehicles such as motorhomes.
The owner/occupier of 17 Broogh Wyllin which is adjacent to the proposed development site objects to the development raising concerns that no formal Traffic Management Plan has been prepared, that the existing parking provision for the estate is compliant with the current Parking Standards, that the proposal will adversely affect the amenity of their property, that the proposal will not "raise the quality of the environment" which is an aim of Government, that a precautionary approach should be adopted if there is concern that a development may cause unacceptable harm to the amenity of residents, that open space provision would be reduced, that crime levels will increase by the formation of the parking spaces, that the development will cause noise and light pollution and that the development would be prejudicial to highway safety, particularly to pedestrians.
The Isle of Man Water and Sewerage Authority request a condition relating to the discharge of water. This is covered by the 1999 Sewerage Act.
The main issues to be considered in the assessment of this application are whether the proposed car parking spaces would be detrimental to the surrounding area or to the amenity of adjacent properties and whether the proposal would adversely affect highway safety.
The site forms part of a wider area of undeveloped land situated between the residential development of Broogh Wyllin and the cliff edge which borders the coast line. From researching the history of the development it can be seen that the land which forms the basis of the proposal was not in fact designated as Public Open Space. Rather the adjacent land on which the children's play equipment has been constructed is the dedicated Public Open Space created to serve the estate. The site is part of an area of land that is designated as residential by the Kirk Michael Local Plan.
In considering the merits of the proposal, regard must be had to the impacts that the development may have upon the existing amenity enjoyed by adjacent properties, the closest of which are No.s 17 and 18. Objections to the scheme have been received from occupiers of both these properties who raise concerns that the parking spaces would reduce the area of open space, would harm their amenity and would cause danger to children. This consideration must be balanced against how the development may improve the existing parking situation which according to the Local Authority and several residents of the estate is problematic. The Highways Division has submitted comments which set out that they support the proposal as it would actively discourage parking within the existing turning head and in particular within the access to the pumping station.
The existing estate was designed to provide two spaces per dwelling which is in accordance with the current standards set out within the Strategic Plan. As such, on the face of it the estate should provide adequate parking to serve residents. However, as the Highways Division points out, although the estate was built in accordance with current standards, these standards are based on general requirements and are not site specific. It is not possible to control the number of vehicles each householder owns or the number of visitors they receive, and in some situations there will be residential parking that cannot be accommodated within the curtilage of each dwelling and the resultant on road parking (often within turning heads) can contribute to road safety issues. As such, the fact that the site has been designed to provide parking in accordance with current standards does not render the additional parking unnecessary and clearly a number of residents and the Local Authority feel that there is a shortfall in parking which this proposal would help to overcome.
In terms of impact upon amenity, the turning area is an existing feature of the estate road layout as is the pumping station. As such there will already be traffic movements in this location and the proposed parking spaces and the vehicle movements generated by them must be considered against the existing situation. It is not judged that the additional traffic generation would be such that this would warrant the refusal of this application on the grounds that residential amenity would be unacceptably harmed. The existing situation would be changed by the development however it is not considered that the change would cause such harm to the amenity of No.s 17 and 18 that a refusal of the application would be reasonable or sustainable at appeal.
With regard to the environmental impacts of the development, the land is not Public Open Space but is in private ownership. The owner could close off the land with fencing if desired however they have chosen to leave the site open. The development would be on a relatively small area of this land which is immediately adjacent to the existing estate road and the edge of the built up area. It is not judged that the parking spaces would unduly affect the character of the surrounding area.
The issue of how the spaces would be controlled has been raised and the Local Authority has pledged that it will police parking and provide signage setting out the permitted period of stay for vehicles using the spaces.
Permit.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Michael Commissioners The owners/occupier of 18 Broogh Wyllin The owner/occupier of 17 Broogh Wyllin
The following are not afforded Interested Party Status:
The Isle of Man Water and Sewerage Authority
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.
Recommended Decision: Permitted
Date of Recommendation: 04.11.2010
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the creation of 8 parking spaces, land adjoining the north west side of Broogh Wyllin, Kirk Michael as shown by 10/01252/B received 24th August 2010.
Drawing: 2152.04
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : ............................ Authority Meeting Date 22/11/2010 ................................ Signed : ............................ Date of Recommending: ................................ 15 November 2010
10/01252/B
Page 4 of 5
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