Loading document...
Application No.: 17/01212/B Applicant: Mr Ryan Denham & Mrs Rebecca Quane Proposal: Erection of fencing (retrospective) Site Address: 1 Creggans Avenue Peel Isle Of Man IM5 1DD Case Officer : Miss Lucy Kinrade Photo Taken: 02.02.2018 Site Visit: 02.02.2018 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 23.02.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The proposed fence by reason of its height, position, design and material finish does not respect the site and its surroundings and brings about an unwarranted intrusion to the visual quality and character of the street scene and as such fails to comply with parts (b), (c) and (g) of General Policy 2. - R 2. The proposed fence by reason of its height, position, design and material finish adversely impacts the character and views into and out of the adjacent Peel Conservation Area failing to meet Environment Policy 36. _______________________________________________________________
Officer’s Report THE SITE
1.1 The site is the residential curtilage of 1 Creggan's Avenue, Peel an existing two storey end terraced dwelling sitting on a corner plot where Creggan's Avenue meets Glenfaba Road. The property has a front elevation which fronts onto Creggan's Avenue, a rear elevation which faces onto a small shared access lane and beyond to a communal car park and a side elevation gable set back 11m from the Glenfaba Road. - 1.2 The dwelling sits at a level slightly higher that the immediate surrounding roads and is bound by a stepped masonry wall which ranges from approx. 1m nearest Creggan's Avenue up to 1.5m along Glenfaba Road.
1.3 The amenity space between the side elevation of the dwelling and Glenfaba Road is split into two, the northern most part has level access from the rear access lane to a small area of off road parking and a small site recently approved under PA 17/00285/B for the erection of a private detached store. To the south of this is an area of elevated lawned garden space. - 1.4 This garden area is set back from the existing boundary wall 1.2m and is retained by another wall matching the heights of the boundary wall. Above which the garden has also been enclosed on all sides by a 1.8m high 'lollypop' timber fence. - 1.5 The end dwellings on Creggan's Avenue, St. German's Place, North View and 17/19 Glenfaba Road are all set back from Glenfaba Road with grassed areas separating the dwellings from the road. The exception is the concrete surfaced public car park at the end of St. German's Place. - 1.6 The site also sits adjacent to the Peel Conservation Area which encompasses all the traditional terraced properties located along the western side of Glenfaba Road. THE PROPOSAL
2.1 Proposed is the retrospective erection of the 1.8m timber fence within the curtilage of the dwelling. PLANNING HISTORY - 3.1 There have been three previous planning applications approved for the site, PA 17/00285/B as mentioned previously for the erection of a detached store PA 03/01859/B for the erection of
PLANNING POLICY 4.1 The site lies within an area designated on the Peel Local Plan of 1989 as Residential and adjacent to the Peel Conservation Area. Given the nature of the retrospective works proposed it is relevant to consider a number of parts of General Policy 2 of the IOM Strategic Plan 2016 along with Environment Policy 36. In addition to which we must also take into consideration the levels of development which can be carried out under the Town and Country Planning (Permitted Development) Order 2012 (PDO) without the need for planning approval.
4.2 General Policy 2 (in part):
"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; i) does not have an unacceptable effect on road safety or traffic flows on the local highways; m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
4.3 Environment Policy 36:
"Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
4.4 PDO - Class 16 - Fences, walls and gates
"The erection or alteration of fences, walls or gates within, or on the boundary of, the curtilage of a dwellinghouse. Conditions:
REPRESENTATIONS
5.1 DOI Highway Services have commented on the application stating that "the fence is set circa 1.2m back from the outside of the boundary wall of the property. Previously the property had a hedge growing immediately behind the boundary wall. The present situation, with the hedge removed from along Glenfaba Road offers better visibility to the right when exiting Glenfaba Park. Therefore, Highway Services does not oppose this application." (20/12/2017)
5.2 Peel Town Commissioners have objected to the current application stating that the fence is too high and visually intrusive on a main entry route into Peel and immediately opposite a Conservation Area (18/12/2017). ASSESSMENT - 6.1 The site sits on a prominent corner plot which bounds a public highway on three sides. The site also sits on one of the main route leading into the centre of Peel. Stone and low level masonry walls predominantly characterise the immediate area, with additional hedging/trees forming part of the boundary treatment of some properties. Although there are no impacts of the proposed fence on the safety of the highway due to its set back location, by reason of its significant height (at an already elevated level) and timber materials the fence result in an incongruous feature to the site and locality. The fence is considered to detrimentally impact the quality and appearance of the street scene and is considered to bring visual harm to the adjacent Conservation Area.
6.2 The visual harm of the fence is also exacerbated by its construction method which results in the back of the fence being the elevation facing on to the surrounding highways.
6.3 While it is appreciated that the applicant has planted hedging between the existing boundary wall and the new fence, this planting is not sufficient enough to outweigh the adverse impacts of the fence (minded that hedging can also be removed at any given time without prior planning approval). CONCLUSION - 7.1 The proposed fence by reason of its height, position, design and material finish fails to meet parts (b), (c) and (g) of General Policy 2 and fails to comply with Environment Policy 36 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
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 in Article 6(4) who should be given Interested Person Status
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 01.03.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
View as Markdown