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Part 1 - Case Officer's report
| Consulttee: | Laxey Commissioners |
| Notes: | Refusal |
| Consulttee: | Highways Division |
| Notes: | Do not oppose. |
| Application No.: | 11/00046/B |
| Applicant: | Marianne Tracy Clague |
| Proposal: | Erection of fencing (Retrospective) |
| Site Address: | 9 Glen Road Terrace Laxey Isle Of Man IM4 7AD |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | 01.03.2011 |
| Expected Decision Level: | Senior Planning Officer |
| 10 Glen Road Terrace Laxey IM4 7AD | Objects to the proposal |
THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a mid-terrace dwelling located on Glen Road in Onchan. The proposed development comprises the erection of fencing in the front and rear garden of the property. PLANNING HISTORY
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
There is a concurrent planning application (11/00094/B) for the erection of similar fencing in the front garden of 8 Glen Road Terrace. At the time of writing this planning application is pending decision.
Laxey Village Commissioners recommend that the planning application be refused. The grounds for their objection can be summarised as concern that the height of the fence is unneighbourly and out of character with the adjoining properties, believing that the height and appearance of the fence has an adverse impact on the visual amenity of the area. They also highlight that the applicant has failed to obtain the required permission from the owner of the property and no Form P2 has been provided.
The Department of Infrastructure Highways Division do not oppose the planning application.
The owners and/or occupants of 10 Glen Road Terrace, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the fencing has an unacceptable visual impact within the area and on the character of the Conservation Area, and that by reason of overshadowing their private amenity will be adversely affected. They also highlight that the applicant has failed to obtain the required permission from the owner of the property and no Form P2 has been provided.
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning 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:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
The planning application seeks planning approval for the erection of fencing in the front and rear garden of the property. The fencing comprises 1.06m high wooden boarded fencing in the front garden and 1.87m high wooden boarded fencing in the rear garden. Planning approval is sought retrospectively with the fencing already being in place. The fact that planning approval is sought retrospectively should neither advantage nor disadvantage the assessment of the planning application.
The fencing is considered to be appropriately domestic in scale and appearance with its consequential impact on the visual amenity of the area being acceptable. The private residential amenity of adjacent properties is not unduly harmed by the fencing as the scale of development is unlikely to cause undue loss of light or overshadowing. In terms of impact on the Conservation Area it is concluded that the scale and appearance of
the fencing is such to preserve, and perhaps even enhance, the character and appearance of the Conservation Area in the location.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 01.03.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the location plan, site plan and fence details date stamped the 13th January 2011. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made: Permitted Date: 8 March 2011 Signed: [Signature] Senior Planning Officer
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