24 July 2023 · Delegated - Principal Planner (Jason Singleton)
32, Selborne Drive, Douglas, Isle Of Man, IM2 3nh
The proposal involved removing a section of the traditional front boundary wall and hedge at this two-storey semi-detached house to form a driveway for one vehicle, measuring 3.8m wide by 5.26m deep, adjacent to the neighbour's access at No. 30.
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The officer considered the proposal unacceptable primarily due to the removal of part of the traditional front boundary wall, hedge, and landscaped garden, which would be 'unduly detrimental to the ap…
General Policy 2
General Policy 2 requires high quality design that respects the character, pattern and identity of the surrounding area (b), is appropriate in scale, form and siting to its context (c), and establishes a strong relationship between buildings, landscaping and public realm (g). The officer assessed the proposal as failing these due to the removal of the boundary wall and garden harming symmetry of the semi-detached pair and street scene character, despite highways acceptance.
RDG 2019 section 6.3 (Driveways and Front Gardens)
Section 6.3 emphasises preserving front gardens as boundaries enhancing privacy, filtering noise/pollution, child safety, and wildlife habitat, advising against removing over 50% to lawned/landscaped areas. Although the proposal retained over 50% garden, it was deemed contrary to the 'spirit' as the wall/garden loss would degrade visual amenities and erode streetscene character.
The proposal is acceptable in highway terms... no opposition is raised subject to conditions on access, visibility splay, pillar height, and boundary fence height. DNOC.
no objection
Douglas Borough Council raised no objections to the application. DOI Highways provided two responses with no opposition subject to conditions on access layout, pillar/fence heights, and visibility splays.
Key concern: Pedestrian visibility obstructed by 1800mm south-east boundary fence
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections
DOI Highways Development Control
Conditional No ObjectionThe proposal is acceptable in highway terms.; Recommendation: DNOC.; The new access will require a dropped crossing of the footway by a separate permission from Highways under a s109(A) Highway Agreement
Conditions requested: Access, visibility splay and layout to accord with drawing 23/08/01.; Southern pillar to be no more than 1.5m in height.
DOI Highways Development Control
Conditional No ObjectionHighways will accept that a small reduction in the 2.4m setback distance will ensure that the full visibility provision will be achievable.; Recommendation: DNOC; The applicant is reminded that a Section 109(A) Highway Agreement is required
Conditions requested: Access, visibility splay and layout to accord with drawing 23/08/01.; The boundary fence to the south-east is dropped to a maximum height of 0.6m where it lies within the pedestrian visibility splay.
The original application for creation of a driveway for one vehicle with associated vehicular access was refused by a Principal Planner under delegation due to harm to the appearance, symmetry, and street scene from loss of front boundary wall and garden, contrary to General Policy 2 and Residential Design Guide. Appellants argued compliance with design guidance (retaining >50% garden), existing precedents of accesses on Selborne Drive, benefits for EV charging and climate change, and neutral impact in Conservation Area. Council defended refusal emphasizing symmetry of the semi-detached pair and spirit of design guidance. Inspector, correcting that site is in Selborne Drive Conservation Area, found the proposal preserves character and appearance given site context at end of terrace adjacent to existing access, retaining most wall/garden, and existing streetscene accesses; no conflict with policies. Recommended appeal be allowed.
Precedent Value
Demonstrates 'preservation' in CA includes neutral effects; site-specific context (end-terrace, adjacent drive) can outweigh symmetry concerns if >50% garden/wall retained and rhythm maintained. Future applicants should provide measurements, precedents, CA appraisals, and correct officer errors early.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
