Planning Report and Recommendations

Planning Report And Recommendations {{table:484122}} ### Considerations {{table:484119}} ### Written Representations {{table:484120}} ### Consultations {{table:484121}}

Officer's Report

The Application Site And Planning Application

The application site comprises the curtilage of a commercial unit that is located on Spring Valley Industrial Estate in Braddan.

The proposed development comprises the erection of a fence within the application site.

Planning History

Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current application.

Representations

Braddan Parish Commissioners have no objections to the planning application.

The Department of Transport Highways Division do not oppose the planning application.

The owners and/or occupants of Newlands House, which is the located directly adjacent to the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the appearance of the fence and the potential safety hazard presented by plant pots placed on part of the fence. They express concern that the development will have a negative impact on their staff and customers.

Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as predominantly industrial use under the Braddan Parish District Local Plan.

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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 unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Asssessment

The planning application seeks planning approval for the erection of a fence within the application site. Planning approval is sought retrospectively as the works have already been undertaken. Previous case law has established that the fact that planning approval is sought retrospectively should neither advantage not disadvantage the assessment of the planning application.

The application site and surrounding area was visited as part of the assessment of the planning application. In terms of what is proposed it is considered that the fence is not unduly out of keeping within the commercial area and that its impact on amenity is suitably limited. Any issues relating to works being undertaken on land not within the control of the applicant is not a material planning consideration and remains a civil matter between relevant parties.

It is recommended that the application be approved.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Braddan Parish Commissioners; The Department of Transport Highways Division; and The owners and/or occupants of Newlands House, Spring Valley Industrial Estate.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 15.10 .2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions

R : Reasons for refusal

0 : 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, fence specification and photographs date stamped the 21st August 2009.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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 : Permitted Date : Signed : Senior Planning Officer