DEC Officer Report

Application No.: 21/01042/B Applicant: Mr John Pritchard Proposal: Widening of a vehicular access Site Address: Dreem Faaie Ballacraine St Johns Isle Of Man IM4 3LS Planning Officer: Mr Paul Visigah Site Visit: 11.11.2021 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.01.2022 _________________________________________________________________

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.

• C 2. The access and visibility splays shall be completed in accordance with Drawing No: PL479-
• 03 received 2 September 2021, and thereafter retained as such. Reason: In the interests of highway safety.

This application has been recommended for approval for the following reason.

The proposal is considered to accord with General Policy 2, Strategic Policy 3 and Community Policy 10 of the IOMSP. No unacceptably adverse impact has been identified as likely with respect of the appearance of the site and surrounding area, the residential amenity of the neighbours, and highway safety.

Plans/Drawings/Information; This approval relates to the following plans and drawings:

• o Covering letter
• o Photographs
• o Drawing Register
• o Location Plan
• o Site Plan
• o Drawing Nos: S1, PL479-01 and PL479-03

All received 2 September 2021, and

• o Agents Reply to Commissioners dated 5 November 2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the curtilage of Dreem Faaie, Ballacraine, St. John's, situated on the southern side of the A1 (Peel Road) just after the junction with Curragh Road (A3) as you approach St. John's from Greeba. The property has a large field situated on the western boundary, separated only by a track which serves the fields to the south, while the nursery forms the entire east and south boundaries of the site. - 1.2 The property like its neighbours on this side of Peel Road has a low Manx stone wall running along the entire site frontage, only opening up at the driveway which is situated on the northeast boundary. There is significant amounts of shrubbery and mature landscaping situated within the front garden set behind the stone wall on the frontage. The existing access has a metal access gate providing secure access to the property. - 1.3 The site was previously within the same ownership with the adjacent nursery and as such shared facilities with the nursery. However, the dwelling is now within a separate ownership and exists as a separate entity.

2.0 THE PROPOSAL - 2.1 The proposal is for the widening of a vehicular access to the site. The proposed works would involve:

• i. Widening of the access from 3m to 4.5m.
• ii. Removal of stone wall situated east of the access and driveway and reconstruction of a new stone wall to match existing (800mm) at new position.
• iii. Relocation of the gate pillar east of the access to match the existing.
• iv. The proposed works will also involve the removal of some trees (about 4 medium sized trees and 7 smaller trees) on the south-eastern side of the access and driveway. As well, there would be selective thinning, crown lifting and maintenance of the vegetation within the visibility splay south of the wall on the site frontage and within the front garden. These works would enable the creation of visibility splays of 2.4m x 43m on both sides of the site access.

2.2 The existing 1.05m high wall to the west of the access and on the site frontage, the existing pillar west of the access, and the existing drop kerb shall be retained.

3.0 PLANNING POLICY - 3.1 The application site is within an area recognised as "Predominantly Residential" identified on the St Johns Local Plan 1999 and the site is not within the St John's Proposed Conservation Area. The site is not within a Flood Risk Area as indicated on the Indicative Flood Maps. The site is not within a Registered Tree Area and there no protected trees on site. - 3.2 Due to the zoning of the site and the proposed works the St John's Local Plan contains one policy which is relevant to this application, Policy OS/P/2 states; "No new development shall be permitted which would adversely affect the southerly open countryside views from Peel Road."

3.3 The following Strategic Plan policies are also relevant:

• 3.3.1 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:

• 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; (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;

• 3.3.2 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
• 3.3.3 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

• 3.3.4 Section 11.4: Pedestrians "11.4.1 Walking is also an important means of travel in its own right or as part of most journeys. All pedestrians need safe and convenient means of crossing and passing along roads. Alternatively provision should be made for walking journeys separated from general traffic.

Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users".

3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are;

• 3.4.1 Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.
• 3.4.2 Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses,

• conversions and householder extensions. Section 6.3 of the guidance relates specifically to driveways and front gardens.
• 4.2 The Manual for Manx Roads sets out the minimum requirements for vehicular visibility splays from driveways. The guide for achieving the required visibility splays are clearly illustrated in Section B.3 of the Manual. Paragraphs 5.2.37 and 5.2.38 of the manual relates specifically to visibility along the street edge from driveways, while paragraphs 5.2.39 and

• 5.2.40 refer to obstacles to Visibility.

5.0 PLANNING HISTORY - 5.1 None of the recent planning history is considered relevant in the assessment and determination of the current application.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that proposal does not raise significant road safety or highway network functionality issues, and as such they do not oppose subject to conditions for the access and visibility splays to accord with Drawing No: PL479-03 and for these to be retained for the lifetime of the development (20 September 2021). - 6.2 Consultation by German Parish Commissioners:

• 6.2.1 The German Parish Commissioners have stated that they were under the impression that when the nursery was created the access which is the subject of the current application was to be blocked off and the access to the property would then go through the nursery entrance which is much safer, since the property was sold this gateway has been reestablished without permission as far as the Commissioners are aware. The Commissioners feel that the present access through the nursery is by far the safer option (7 October 2021).
• 6.2.2 Having reviewed the comments made by the German Parish Commissioners, the Agent to the applicants have provided the following response dated 5 November 2021:

• o Customers of the nursery were not given permission to use the domestic driveway as an exit and the domestic driveway was always intended to remain open and permissible for the residents of Dreem Faaie under previous applications.
• o A refused/withdrawn application, 99/00634/B, for 'Change of use to create wholesale and retail nursery with alterations to vehicular access' was submitted in July 1999. Part of this application dealt with permission for customers to use an in / out style arrangement using the residential driveway as an exit and the nursery access as an entry. This application was withdrawn after the initial refusal.
• o A subsequent application 99/01325/B for 'Creation of wholesale and retail nursery with alterations to vehicular access and erection of associated buildings' was made in October 1999 and refused at appeal.
• o The permitted application 01/00004/B of April 2001 for 'Creation of wholesale and retail nursery' makes mention, in the inspectors report, of the previous two refused applications and that 'access points reduced from 2 to 1'. This is in reference to customer access for the 'Creation of the Nursery' as all proposals show the existing residential driveway remaining open for the use of the residents of Dreem Faaie.
• o Dreem Faaie property and the adjacent former nursery are now not in the same
• ownership.

• 6.2.3 Following submission of the response from the agents, the German Parish Commissioners have not made further comments regarding the application.

6.3 Given that the proposal would involve the removal of a number of trees on site, DEFA's Senior Arboricultural Officer was consulted for comments on the application. His comment received 11 January 2022 confirms that the Agriculture and Lands Directorate would not object to this proposal. - 6.4 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this planning application are the visual impact on the character and appearance of the site and wider street scene and the impact on the adjacent highway. - 7.2 Design and Appearance (GP 2, and SP 1b)

• 6.2.1 As referenced earlier in this report, General Policy 2 of the Strategic Plan requires that development respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. The frontage of Dreem Faaie as existing is largely characterised by the mature hedging and stonewall at the base with a break only created by the gated driveway. What is proposed here would involve the removal of a section of front wall and trees situated at the rear of the wall, as well as a number of trees situated to the east of the driveway and by the boundary with the nursery to the east. What is proposed here would provide the required visibility and as such is considered acceptable within the street scene; given that there is a varied range of hedge heights and access widths for properties within the locality. Accordingly, it is considered that this element of the proposal would be an appropriate form of development not resulting in an adverse visual impact upon the street scene.

6.3 Impact on Highway (GP 2 h&i, & CP 10)

6.3.1 In terms of impacts on highway safety, it is considered that the existing access is narrow and likely to make manoeuvring into and out of the driveway difficult especially for larger modern day vehicles. The widening to 4.5m and the additional works to reposition the pillars and boundary wall is likely to improve access and manoeuvrability into and out of the access, as these will enable the creation of visibility splays of 2.4m x 43m on both sides of the site access; a condition that is a significant improvement over the existing access. Besides, DOI Highways considers that the proposal does not raise significant road safety or highway network functionality issues, subject to the inclusion of conditions for the access and visibility splays to accord with the submitted drawings and for these to be retained for the lifetime of the development. It is also vital to note that the new access would facilitate access and egress for fire vehicles if required thus complying with the requirements of Community Policy 10. Based on the foregoing, it is considered that the development would not result in adverse highway safety impacts and would meet the requirements of General Policy 2 (h & i), and Community Policy 10.

6.4 Other Matters

• 6.4.1 With respect to the impact of the proposal on trees within the application site, it is noted that the proposed scheme would involve the removal of about 11 small and medium sized trees on site. This is, however, not considered to be sufficient to warrant refusal of the scheme when assessed against the site context which has significant tree cover over large sections of the site area, with the scheme only marginally changing this relationship. Besides, the Agriculture and Lands Directorate have indicated that they do not object to the proposal; a condition that indicates that there are no concerns with the removal of the stated trees on site. 6.4.2 No other concerns have been noted.

8.0 CONCLUSION

8.1 In summary, the proposal is considered to accord with General Policy 2, Strategic Policy

• 3 and Community Policy 10 of the IOMSP, the Residential Design Guide, and the Manual for

Manx Roads. No adverse impact has been identified as likely with respect of the appearance of the site and surrounding area and highway safety.

- 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner 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: 17.01.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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