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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00751/B Applicant : Victoria Ball Proposal : Creation of off road parking area to front of property Site Address : 33 Third Avenue Onchan Isle Of Man IM3 4LZ

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit : 06.09.2018 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 21.09.2018 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The proposed parking area to the front of the property is not of an acceptable size to accommodate a parked vehicle/s and would likely result in the overhanging of parked vehicles over the public highway contrary to General Policy 2 and Transport Policy 6 of the IOMSP and 'Manual for Manx Roads'.

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Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is the residential property 33 Third Avenue, Onchan which is a two storey mid-terraced property located on the western end of Third Avenue at the turning head. School Road and Onchan Primary School are to the West of the site.

1.2 The terraced properties along Third Avenue all originally had front gardens, although in recent times a number of occupants have paved these gardens areas to create off road parking spaces. Some properties have chosen to pave the rear gardens instead to create off road parking spaces, as all properties within Third Avenue are also served by an unadopted rear access lane which 'loops' around the rears of properties of Third Avenue.

2.0 THE PROPOSAL 2.1 The application seeks planning approval for the creation of off road parking area to front of property. This includes the removal of the front boundary wall and the creation of a

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hardstanding area which has a depth of between 4.1m and 5.4m and a width of approximate 4.5 to 4.9 metres.

3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

4.0 PLANNING POLICY 4.1 The Onchan Local Plan and the Draft Plan for the East both identifies the area as being 'predominantly residential use'. The site is not within a Conservation Area.

4.2 General Policy 2 of the Isle of Man Strategic Plan 2016 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (e) does not affect adversely public views of the sea; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

4.3 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.

5.0 REPRESENTATIONS 5.1 DOI Highway Services oppose the application on the following grounds (on 17-08-18): "There is no exiting site parking and the proposal would create an off-street parking space by converting the whole front garden into hardstanding. The entire front wall would be removed to facilitate vehicular access.

The 'Manual for Manx Roads' (MfMR) design guide specifies that a driveway space should be at least 3.4m x 5.5m in size where there is no separate footpath to the dwelling front door from the public highway. The site plan shows that the site frontage is 4.5m wide and varies in length between 4m and 5m. The length is therefore inadequate to accommodate a parked car and sufficient clearance to the building in front of it and the public footway behind it. This would result in a parked car overhanging the adjacent footway and causing an obstruction to pedestrians. The proposal cannot therefore be afforded highway support as the site frontage is too short in length.

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Highway Services does not support the application as the site frontage is too small to fully accommodate a parked car in accordance with the 'Manual for Manx Roads' design guide."

5.2 Onchan Commissioners have recommended (on 16.08.2018) the application be approved.

6.0 ASSESSMENT 6.1 The main considerations when determining the application are; the potential impact upon the highway and potential visual impact.

THE POTENTIAL IMPACT UPON THE HIGHWAY 6.2 The main concern with this application relates to the space available to the front of the property and whether the space available can accommodate a parked vehicle without impacting the public highway. The simple answer to this question is it can't. As outlined by Highway Services the general requirement for a parking space is 3.4m x 5.5m in size, which cannot be provide on the site. It is noted that the depth can be reduced in some circumstances, and it is noted that a recent application (PA18/00547/B) at a neighbouring property Nr 25, was approved where there front driveway would have depth of between 4.5m & 5.5m and 5m in width. It was accepted by Highway Services that;

"The length of the parking area would therefore be a little short but should still be able to accommodate a smaller car, or a large car at a slight angle, without the parked car encroaching onto the adjacent public footpath which would be illegal and could obstruct the passage of pedestrians...".

6.3 It is clear from Highway Services comments on this current application, that they do not believe the same can be said for this site. It is noted this site is narrower in width and shorter in depth.

6.4 It is also noted the area of the front garden which has the greatest depth, is also opposite the front door. Therefore this isn't a useable space, as a car parked in the area in front of this door would prevent persons from exiting or entering the dwelling. Accordingly, it is more likely the useable space would be in front of the ground floor window, which is the area which has the least depth (i.e. 4.1m).

6.5 Accordingly, from the comments in relation to Nr 25 Third Avenue, it is considered that application was a finely balanced decision. However; the current application being narrower and having a reduced length would be unacceptable.

6.6 It is noted the comments from the applicants, in response to Highway Services comments that parking in the area is difficult with cars parking on double yellow lines and in the inside of the tuning circle (also double yellow lines); a number of neighbouring properties have changed their garden into driveways; and in relation to the concern of parked vehicles overhanging the footpath, the footpath is not a through route and the use of the footpath is minimal if at all. As part of the initial application they comment that while parking is available to the rear of their property; however, the rear access lane is in a poor state for vehicles to use.

6.7 While the comments above are noted, the fact remains the site wouldn't be able to accommodate a parked vehicle to the required standards and would likely result in the overhanging of parked vehicles which is illegal. Approval of this application could be considered to essential encourage an illegal activity to take place.

6.8 There is parking available to the rear of this property and it is acknowledge the condition of the rear access lane isn't good. However, this is not considered a sufficient reason to allow an inadequate parking provision as proposed.

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POTENTIAL VISUAL IMPACT 6.9 Visually the Department would generally encourage that no more than 50% of the existing front garden area is removed to create the new parking area, as this can have a negative impact upon the street scene. However, the principle for the creation of parking bays in the front garden of properties on Third Avenue has evidently been established via the approval of a number of applications (approx 10) in recent years, and as such has evolved as a characteristic of the street-scene. As such, it is not considered that this proposal would further undermine the character of the street-scene.

7.0 RECOMMENDATION 7.1 Overall, it is concluded that the planning application does not accord with aforementioned policies of the Isle of Man Strategic Plan 2016 and is recommended for a refusal.

8.0 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: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date : 28.09.2018

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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