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The application site represents the curtilage of an existing residential dwelling, 8 Glen Road Terrace, Laxey. The property is a two storey mid-terrace dwelling located on the northern side of the road.
Proposed is the retrospective erection of fencing to the front garden. The fencing has been erected along the boundaries shared with the adjoining properties, numbers 7 and 9 Glen Road Terrace.
The fencing consists of 1.2 metre high vertical wooden boards, which have been stained brown in colour.
The fencing replaced concrete posts and a wire fence, which can still be seen in other properties in the terrace. The fence has been built to the same height as the top of the concrete posts.
There are no previous planning applications for the application site which are considered to be relevant in the assessment and determination of this application. However, the following current planning application for the neighbouring dwelling is considered to be relevant;
9 Glen Road Terrace, Laxey 11/00046/B – Pending Consideration Erection of fencing (Retrospective)
The application site is located within an area designated as Predominantly Residential Use in the Laxey and Lonan Area Plan Order 2005, Map No. 1. The site is located within the Laxey Conservation Area.
The relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2 and Environment Policy 35.
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 relevant planning policies from the Laxey and Lonan Area Plan Order 2005 are L/RES/PR/1 and L/CRB/PR/4.
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.
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)).
Laxey Village Commissioners recommend refusal of this application. They state that the height of the fence is un-neighbourly and out of character with the adjoining properties. The height and appearance of the fence has an adverse impact on the visual amenity of the area. They also state 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 object to this application, as there are no traffic management, parking or road safety implications.
No written responses have been received from the general public.
The application is for the retrospective erection of wooden fencing to the front garden of 8 Glen Road Terrace, Douglas. The fencing is located along the boundaries with numbers 7 and 9 Glen Road Terrace. The fact that the proposal is retrospective should neither advantage nor disadvantage the assessment of the planning application.
The main issues in the assessment of this application are the impact of the fencing on the neighbouring properties and on the character of the Conservation Area.
From visiting the site, it was noticed that there is similar fencing to the front of the adjacent property, number 9 Glen Road Terrace. On looking into the history of the site, it was discovered that the fencing to number 9 is also subject to a current retrospective planning application. The application for number 9 includes the fencing to the front and rear of the property.
In terms of the impact on neighbouring properties, it is considered that the wooden fencing is domestic in its scale and appearance and it would therefore have a satisfactory impact on residential amenity. The fence is the same height as the concrete posts to which the former fencing was tied and it is therefore considered that the height would be acceptable.
In terms of the impact on the Conservation Area, the former concrete posts and wire fencing have been replaced with a wooden fence and this could be considered to be an enhancement of the Area. The proposal is judged to not remove any of the special features which contribute to the character and quality of the area.
For the above reasons, this proposal is considered to be acceptable and is recommended for approval.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways 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: 25.02.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
This approval relates to retrospective erection of fencing to front garden, as shown in the 1:1250 location plan, 1:250 site plan and photographs of the fencing, all date stamped 25 January 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 25/2/11 Signed : Mumee Senior Planning Officer
Decision Made : Permitted Date : 25/2/11 Signed : Mumee Senior Planning Officer
25 February 2011
25 February 2011
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