92069

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                                      23/00455/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00455/B Applicant : Kat Ions Proposal : Alterations and extensions of garden walls Site Address : Ocean View Baltic Road Kirk Michael Isle Of Man IM6 1EF

Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 08.08.2023 __

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. Notwithstanding the details received, this decision relates to the details called Proposed Entrance Elevation (Revised Proposal/Application), as shown on drawing No. 101 Rev C, received 3rd July 2023.

REASON: for the benefit of doubt and Highway Safety.

This application has been recommended for approval for the following reason. The proposal is deemed acceptable by providing a suitable boundary treatment for a property within the countryside, which is not deemed to impact Highway Safety and there for complies with General Policy 2 and Housing Policy 15 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 19th April 2023; o Drawing No. 002 o Drawing No. B092-LS-02

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This approval also relates to drawing No.101 Rev C received 3/7/23

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION SITE

1.1 The application site is the residential curtilage of Ocean View, Baltic Road, Kirk Michael. The development is focused particularly to the roadside of the property where there are currently two entrances on either side of the property, one large, one car width and an existing brick built garden wall to both sides of the property.

THE PROPOSAL

2.1 The current planning application seeks approval for the removal of parts of the existing boundary walls and erection of a new boundary wall which is to encompass the roadside elevation of the property.

2.2 The proposed walling is to provide three entrances into the site, two for cars and one for pedestrian. All entrances to have decorative metal gates.

2.3 The wall is proposed to be a 1.8m to 1.3m cascading wall with pillars between the walling which change from approximately 3m to 1.3m depending on which part of the wall the proposed pillar is situated in.

PLANNING HISTORY

3.1 The previous applications are not relevant in the assessment of this application.

PLANNING POLICY

4.1 The site lies within an area zoned as an "not zoned for a particular purpose" on the Kirk Michael Local Plan 1994 Map. The site is not within a Conservation Area nor a Flood Risk Zone.

4.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside." With that in mind the key policy for this application is Housing Policy 15, which states (in full), "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."

4.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.

• General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design

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                                      23/00455/B                                     Page  3  of  4

and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.

• General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the extension of existing dwellings.
• Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.

4.4 The Department has published the Residential Design Guide (2019) which, although focused on dwellings within settlements, does offer advice in relation to visual impact and the impact on neighbours.

4.5 It is also relevant to note Planning Circular 3/91 "Guide to the design of residential development in the countryside," which provides advice on residential development within the countryside.

REPRESENTATIONS

5.1 Highway Services have considered the application and state, "The proposal raises no significant road safety or highway network efficiency issues. According, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord with Drawing No.101 Rev C. (12.07.23)

5.2 No comments have been received from Michael Commissioners at the time of writing this report.

5.3 DOI Highway Drainage have written in to state, "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highways Act 1986 and guidance contained in section 11.3.11 of the manual for Manx Roads." (11.07.23)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• principle of development (GP3, EP1 and GP2);
• character and appearance (GP2, HP15)

6.2 PRINCIPLE

6.2.1 The site is not designated for development, nor does it meet the exception criteria in Environment Policy 3. However Housing Policy 15 and its supporting text clearly allow for residential extensions and alterations in the countryside.

6.2.2 With this in mind the overall principle of the alteration is acceptable, it is however necessary to consider the character and appearance of the proposed extension and whether there is any impact on neighbouring amenity.

6.3 CHACACTER AND APPEARANCE

6.3.1 When looking at the countryside as a whole, most sites are bounded by some type of boundary treatment whether that is walling or sod banks, or something in between, as such the proposal of the walling to the boundary of Ocean View would not look out of place within the countryside and deemed acceptable.

6.4 HIGHWAY SERVICES

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6.4.1 Turning towards whether the proposal would have any Highway implications. The initial schemed was revised taking on board the initial comments from Highway Services, with the proposal now being acceptable by providing the suitable visibility.

6.4.2 With this in mind and with an attached condition to state that the proposal must accord with Drawing No.101 Rev C, the proposal is deemed acceptable from a Highway Services point of view.

CONCLUSION

7.1 Overall for the above reasoning, the proposal is deemed acceptable by providing a suitable boundary treatment for a property within the countryside, which is not deemed to impact Highway Safety and therefore recommended for approval.

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 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: 11.08.2023

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

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