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Application No.: 08/01438/B Applicant: Mr & Mrs Elston Proposal: Conversion of boathouse to bike store and garage and new vehicular access Site Address: - The Courtyard - Queens Road - Port St. Mary - Isle Of Man - IM9 5EU ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: Delegation ### Written Representations - The Anchorage Queens Place Port St Mary Isle Of Man Interest expressed ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Port St Mary Commissioners Notes:** No objections
The site defined in red represents a roughly triangular piece of land which lies between Davenport and The Cottage on Queen's Road. Defined in blue is the curtilage of The Courtyard. The red area contains an existing boathouse - a flat roofed garage essentially, and the space between that and Queen's Road (a length of 4.8m).
The site lies within an area designated on the 1982p as Predominantly Shopping and on the draft Port St. Mary Area Plan of 2001 as Mixed Use.
The site has been the subject of a number of applications including the following:
Case Number: 88/00579/B Proposal: Bricking up ground and first floor internal linking doors, The Cottage, Queens Road, Port St. Mary. Initial Decision: Permitted 1st January 1994
Case Number : 88/01152/A Proposal : Approval in principle to erection of dwelling and garage, land at the Cottage, Queen's Road, Port St. Mary. Initial Decision: Permitted 1st January 1994
Case Number : 89/04118/B Proposal : Erection of detached garage, The Cottage, Queens Road, Port St Mary. Initial Decision: Permitted 1st January 1994
Case Number : 90/01287/B Proposal : Insert new window on NE elevation, The Courtyard, Queens Road, Port St Mary. Initial Decision: Permitted 1st January 1994
Case Number : 91/01792/B Proposal : Installation of 60 cm satellite TV dish, The Cottage, Queens Road, Port St. Mary. Initial Decision: Permitted 1st January 1994
Case Number : 91/04014/B Proposal : Extension to create kitchen and w.c., The Cottage, Queens Road, Port St. Mary. Initial Decision: Permitted 1st January 1994
Case Number : 92/00266/A Proposal : Approval in principle for erection of dwelling with garage, land at The Cottages, Queens Road, Port St. Mary. Withdrawn
Case Number : 92/00840/B Proposal : Extension to provide additional living accommodation and garage, The Courtyard, Queens Road, Port St. Mary. Appeal Reference : 92/00840/B Appeal Decision : Refused at Appeal 1st January 1994
Case Number : 93/01237/B Proposal : Replacement of existing garages with double garage, The Courtyard, Queens Road, Port St. Mary. Appeal Reference : 93/01237/B Appeal Decision : Approved at Appeal 20th February 1995
Case Number : 93/01478/B Proposal : Alterations and extension, The Courtyard, Queens Road, Port St. Mary. Initial Decision: Permitted 25th March 1994
Case Number : 96/01879/B Proposal : Erection of porch and installation of two rooflights, Davenport, Queens Road, Port St Mary. Permitted 25th April 1997
Case Number : 01/01212/B Proposal : Erection of conservatory Permitted 2nd November 2001 Conditions :
6 September 2008 08/01438/B Page 2 of 4
THE PROPOSAL Now proposed is the conversion of the existing boathouse to a garage, blocking up the garage door which leads onto the courtyard and replacement with pedestrian doors leading to a new bike store, and insertion of a new garage door opening out towards Queen's Road but some 5m from the road, providing a full vehicle parking space between the garage door and the public highway. Also proposed is the relocation of the front entrance gates leading into the courtyard by 1.8m further into the courtyard and the removal of the existing walling between the end of the existing boat house and the highway, and the removal of the vegetation in this space and the hard surfacing of the area.
REPRESENTATIONS Port St. Mary Commissioner and dot ht indicate that they have no objection to the application.
The occupant of The Anchorage comments that pulling the gate further into the site may assist pedestrians using the pavement along Queen's Road but also suggests that the existing electronically controlled gate which is in place causes her difficulty in getting out of the gate as she has no individual hand held device to operate the gates and as such has to press a button in the wall, get into her car and only has a fixed time (45 seconds) to get out before the gates close again. Also when there is a power failure the gates will not operate at all.
ASSESSMENT The plans indicate that the gate access to be installed further into the site will be the same gate as is presently in place and as such, the difficulties which the neighbour who shares the access is experiencing, are likely to continue. However, the means of operating the gate, the distribution of hand held operating devices and the length of time provided between pressing the wall-mounted control and the closing of the gates, are civil matters between the applicant and the agent. This has been explained to the neighbour who has contacted two different planning officers to seek advice on the matter. A note could be attached to any approval, encouraging the applicant to discuss the matter with the neighbour but it should be resolved outside the planning process as the fitting of electronic opening devices to authorised access gates is not development.
PARTY STATUS The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupant of The Anchorage shares an access through the site and as such should be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 06.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval 6 September 2008 08/01438/B Page 3 of 4
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the conversion of the existing boat store to a garage and cycle store with modifications to the existing gated access into the site, all as shown in drawings 01,02,03 and 04 all received on 23rd July, 2008.
The applicant is encouraged to discuss the arrangements for access for authorised third parties through the site, as it is has been suggested by them that the present arrangement for electronically operating the gates is causing difficulties.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : Signed : M. I. McCauley
Director of Planning and Building Control
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