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Application No.: 09/00731/C Applicant: Mr Dennis Robert Keith Howden Proposal: Change of use of strip of land from amenity space to residential curtilage and reposition existing fence Site Address: Campion Crescent Reayrt Ny Keylley Ballawattleworth Peel Isle Of Man IM5 1GE ### Considerations Case Officer : Mr Steve Stanley Expected Decision Level: Senior Planning Officer ### Written Representations 33 Ballaquark Douglas Isle Of Man IM2 2EY Interest expressed ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Peel Town Commissioners Notes: Refused.
The application site relates to 2 Campion Crescent, Reayrt Ny Keylley, Peel, a detached two storey dwelling situated on the corner of Campion crescent and Fuchsia Road. The property has an open plan front garden which extends around to the side of the site. A timber hit and miss fence separates the rear garden of the property from Fuchsia Road. To the rear, a grass bank planted with shrubs separates the site from an adjacent car park which serves an apartment block.
This application seeks approval for the change of use of the strip of land to the side of the property from amenity space to residential curtilage. This would involve the re-positioning of the side fence so that it is approximately 1.25 metres from the adjacent highway compared with the existing distance of approximately 2.75 metres. The application also proposes the erection of a timber fence to be constructed along the rear boundary. This would be to the height shown on the photograph submitted and would be of the same design as the side fence.
The application site is located within an area identified as being residential use by the Peel Local Plan. Within the Isle of Man Strategic Plan, General Policy 2 specifically parts (b), (c) and (g) are relevant.
Whilst there have been previous application relating to this site they have been for the wider development of the estate as a whole and are not specifically relevant to this application.
The Department of Transport Highways Division does not oppose this application. Peel Town Commissioners object to this application stating that that whilst the strip of land may appear as inconsequential it is an integral part of the design of the estate. The owner/occupier of 33 Ballaquark, Douglas objects to this application stating that whilst the strip of land may appear as inconsequential it is an integral part of the design of the estate.
The main issues to be considered in the assessment of this application are whether the proposed development would have an adverse impact upon the surrounding area. Such assessment should have specific regard to parts (b), (c) and (g) of General Policy 2 of the Strategic Plan, which set out that 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:
The proposed development is relatively minor in terms of its physical scale, comprising the re-siting of a boundary fence and the erection of a rear boundary fence. The applicant's reasoning for proposing the development is to incorporate some of the land to the side of their property into their rear garden. the rear boundary fence is to provide grater privacy.
The estate is characterised by open front and side gardens. Due to the estate being only recently constructed, much of the planting is in its infancy however over time some gardens will likely become more enclosed by boundary planting. The openness provided by the estate layout affords vistas across the site which adds to the character of the estate and provided a sense of cohesion. It is judged that the proposed re-alignment of the side fence would reduce this openness and would adversely affect the vista from the site towards Fuchsia Road. The result of this would be a detrimental impact upon the amenity of the surrounding area. Consideration has been given to the potential for revising the application so as to propose that less of the open area is incorporated into the rear garden. However it is judged that any meaningful alteration would be to the detriment of the estate.
It is considered that on balance the proposed fence re-alignment would be unacceptable as it would reduce the openness of the estate and would adversely affect the amenity of the surrounding area. The proposed fence to the rear boundary is considered to be unobjectionable.
Refuse.
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:
The Department of Transport Highways Division
Accordingly the following parties are not granted Interested Party Status:
The owner/occipier of 33 Ballaquark, Douglas
Recommended Decision: Refused
Date of Recommendation: 27.07.2009
C 1.
The proposed fence re-alignment would be unacceptable as it would reduce the openness of the estate and would adversely affect the amenity of the surrounding area.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made: Refused Date: 28.07.2009 Signed: __________________________ Senior Planning Officer
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