DEC Officer Report

Application No.: 21/01266/B Applicant: Mrs Anne Turner Proposal: Creation of additional off road parking Site Address: 1 Ballakeyll Colby Isle Of Man IM9 4AY Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.12.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The application accords with General Policy 2 (b, c, g, h, and i) of the Isle of Man Strategic Plan 2016 and 6.3 of the Residential Design Guidance 2021.

Plans/Drawings/Information; This approval relates to drawing numbers HMTC - 21-009-01 and HMTC - 21-009-02 both date received 25/10/2021. _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

• The Homestead, Ballamodha Straight - as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of an existing semi- detached dwelling located on a corner plot at the entrance to the small cul-de-sac of Ballakeyll, Colby. - 1.2 Running to the rear of the dwellings is a driveway. The applicant and their neighbour each have an integral garage which is accessed at the rear from the driveway. - 1.3 As existing the application dwelling has two parking spaces, one in the garage and one in front of the garage in tandem. - 1.4 The application dwelling has garden space wrapping around the house along the road edges nearest the cul-de-sac and Ballagawne Road.

2.0 THE PROPOSAL - 2.1 Proposed is the creation of an additional off road parking area 3m x 6m within the garden space between the cul-de-sac road and the house. - 2.2 The parking area is to be accessed directly from the existing driveway running to the rear of the dwellings and will involve removal of part of the existing garden wall. - 2.3 There are no changes proposed to the existing access junction onto the main cul-de-sac road.

3.0 PLANNING HISTORY - 3.1 The dwelling was approved for additional tourist use under PA 21/00614/C and a dormer extension under 07/01730/B.

4.0 PLANNING POLICY - 4.1 The application site is within an area designated as Predominantly Residential on the Area Plan for the South (2013). In terms of policy it is important to consider General Policy 2 of the Isle of Man Strategic Plan 2016 as well as Section 6.3 of the Residential Design Guidance 2021 which specifically covers changes to residential driveways: - 4.2 General Policy 2: "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 spaces 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 unacceptable effect on road safety or traffic flows on the local highways;

4.3 Residential Design Guide 2021 - 6.3 DRIVEWAYSAND FRONT GARDENS

…6.3.4 Proposals which result in the loss of more than 50% of the existing front lawned/landscaped garden will not normally be supported, to ensure the character of the street scape is retained and avoid frontages of properties appearing as one large car parking area, detrimental to the appearance of the street scene and to the outlook of residents. It is important that the design of a driveway maintains a balance between hard and soft landscaping and contributes positively to the street scene. Proposals are unlikely to be supported where they do not meet the following guidelines:

• o the area intended for the driveway should be the minimum space necessary (see the Manual for Manx Roads);
• o where possible, the impact of the driveway is lessened by retaining mature trees and shrubs and/or creating areas of new planting (for example, a planted strip or hedge between the vehicular and pedestrian access can help to break-up the appearance of the hardstanding whilst planting around the fringes of the driveway can also be used to good effect and may be used to help screen the vehicle);
• o if an opening is made in an existing wall, fence or other boundary feature, the ends should be made good with matching or sympathetic materials (i.e. pillars);
• o where possible, separate pedestrian access should be retained/provided (existing gates should normally be retained and any new gates should not open out over the highway);
• o any new gates, walls, fences or other boundary features should reflect the traditional style of the local area;
• o consideration should be given to a strip of grass or gravel placed in the centre of the hardstanding can hide leaked oil and maintain the look of a front garden; and
• o parking spaces should be avoided directly in front of any Primary Window as the resulting outlook can be undermined by the presence of parked cars."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Rushen Commissioners - In support (24/11/2021). - 5.2 Department of Infrastructure Highway Services - Do not oppose (10/11/2021) - 5.3 The owner of The Homestead, Ballamodha Straight - Comments (09/11/2021) They state that the drawings are incorrect and show 4 car parking spaces at the rear, but the deeds for the properties state only parking for 1 vehicle, and that the application dwelling only has access to the land for purposes of turning or accessing the garage.

6.0 ASSESSMENT - 6.1 The proposal will see the removal of part of an existing garden wall and part of the dwellings garden however neither in this case is considered to result in any unacceptable loss of garden space and is not considered to result in any detriment or harm the visual amenities of the streetscene or surrounding area. - 6.2 There are no changes proposed to the access junction onto the cul-de-sac road and so there are no new highway issues expected as a result of the proposal. - 6.3 In terms of practicability, the provision of another off road parking space which is not in tandem will work in favour of the occupants. It may also help towards reducing on street parking demand, and so minded of the acceptable visual, amenity and highway safety impacts the proposal is considered acceptable and to comply with GP2 (b, c, g, h and i) and the principles of the Residential Design Guidance 2021.

6.4 Comments from the owners of The Homestead have been noted however not considered relevant in this case. Deeds of covenant are a civil matter outside of the remit of planning and annotation on the drawings helps to show the context of the existing driveway, common areas and rights of way, but the application has been assessed on the land within the red line boundary and against the relevant planning policies as referred to above.

7.0 CONCLUSION - 7.1 For the above reasons the proposal is considered to comply with General Policy 2 (b, c, g, h, and i) of the Isle of Man Strategic Plan 2016 and 6.3 of the Residential Design Guidance 2021 and therefore acceptable.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 10.12.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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