The site is the residential curtilage of an existing property which fronts onto Main Road in the heart of Onchan village. The property was formerly a baker's shop which has been converted to a dwelling.
The property previously had no front boundary demarcation. Directly in front of part of the front yard is a pedestrian crossing with disabled person's access ramp and tactile paving in front of the front yard. There is also a pole which supports traffic signals associated with the pedestrian crossing immediately alongside the front of the site, effectively within the footway.
Main Road comprises a mixture of uses - retail, public house, offices and residential with many properties, particularly the commercial ones, having no front yard and with the front of the buildings immediately adjacent to the footway. Those which do have gardens are bounded by rendered walls with copings atop.
The Proposal
Proposed, and partly retrospective, is the erection of a fence along the frontage. It is not clear from the plans whether the fence is to have any access - pedestrian or otherwise, within it. A letter was sent to the applicant on 2nd January, 2013 asking whether there was to be vehicular access and suggesting that a more appropriate boundary treatment would be a wall similar to the others along the village streetscene and identifying the provisions of the Town and Country Planning (Permitted Development) Order 2012. No response was received.
The fencing comprises vertical planks with rounded tops, set immediately alongside each other and at a general height of 1.7m rising to 2m at the eastern end.
Planning Status And Policy
The site lies within an area designated on the Onchan Local Plan as Mixed Use. The site lies outside Onchan's Conservation Area. As such, a fence could be erected under the provisions of the Town and Country Planning (Permitted Development) Order 2012 where the height of the fence does not exceed 1m and there are spaces in between the vertical elements of the fence (Town and Country Planning (Permitted Development) Order 2012 Class 16). The fence which is the subject of this application is taller than this and of solid construction and as such would not comply with the provisions of the Order, and requires planning permission.
Case Officer :
Miss S E Corlett
Photo Taken :
02.01.2013
Site Visit :
02.01.2013
Expected Decision Level :
Officer Delegation
As such, the following policies are considering appropriate in the consideration of the application:
"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; 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 adverse effect on road safety or traffic flows on the local highways."
Planning History
Planning permission was granted for the alteration and amalgamation of the shop with the existing dwelling under PA 09/01689. The officers' report included the following: "Given that the area in front of the building is already in use as on-site car parking it would seem unreasonable to restrict further use by the construction of a wall, as suggested by the Department of Transport Highways Division, especially as the proposal increases the number of bedrooms."
Representations
Onchan District Commissioners indicate that the application should be refused as the proposed fencing would not make provision for a safe means of access to and egress from the property.
Highways Division object to the inclusion of any vehicular access within the fence.
Assessment
It is not clear from the application whether there is to be any vehicular access into the site. Whilst the legality of vehicles crossing over the footway to gain access to the site is a matter for the Highway Authority, it is a material planning consideration that the application should provide visibility for drivers of emerging vehicles, were this to be the case. The applicant has not indicated whether there is to be vehicular access and whether the fence is actually finished as it currently appears. There are no existing and proposed drawings to illustrate this.
The fencing beside the potential vehicular access point is higher than would be someone sitting in the emerging vehicle and as such visibility would not be possible. The additional height also adds to the incongruity of the fencing in the streetscene where there are largely rendered walls, not fences. If there is to be a fence, then one could be erected under the provisions of the Town and Country Planning (Permitted Development) Order 2012 but where this is less solid, less visually intrusive and would enable anyone in a vehicle to see over it and gain a view of approaching pedestrians on the footway and vehicles in the carriageway.
The application should therefore be refused as it is considered to be contrary to General Policy 2b, 2c, 2h and 2i of the Strategic Plan.
Party Status
The local authority, Onchan District Commissioners are, 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.
Recommendation
Recommended Decision: Refused
Date of Recommendation: 04.02.2013
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
R 1. The proposed fencing is considered to be visually out of keeping in a streets cene which comprises mainly rendered walling with copings atop. Whilst the Permitted Development Order makes provision for fencing in the position of that proposed, such may not be over 1m in height and should have spaces between the vertical elements of the fence which would create a less solid and eye-catching feature as is proposed. The fencing is thus considered contrary to the provisions of General Policies 2b and 2c of the Strategic Plan.
R 2. The proposed fencing is of such a height as to prevent drivers of any vehicles which may be exiting the site to be able to see approaching vehicles or pedestrians. As such the fencing would be detrimental to road safety and General Policies 2h and 2i of the Strategic Plan.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : RefusedDate : 4/2/13
Determining officer (delete as appropriate)
Signed : [Handwritten signature] Signed :
Anthony Holmes Senior Planning Officer
Signed : [Blank] Signed :
Sarnal Corlett Senior Planning Officer
Signed : [Blank] Signed :
Michael Gallagher Jennifer Chance Director of Planning and Building Control
Michael Gallagher Jennifer Chance Director of Planning and Building Control
Development Control Manager
4 February 2013
Development Control Manager
4 February 2013
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Source & Provenance
Official reference
12/01597/B
Source authority
Isle of Man Government Planning & Building Control
