114879 — 19/01231/B | Planning Portal IoM | Isle of Man Planning Portal

==== PAGE 1 ====

                                      19/01231/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01231/B Applicant : Downstream Limited Proposal : Removal of a wall (retrospective) and erection of fencing with pedestrian gate Site Address : Sunnybank House West Baldwin Isle Of Man IM4 5HD

Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 31.01.2020 __

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

Plans/Drawings/Information;

This approval relates to drawing numbers P-05-C and P-06 both date stamped and recieved 05/11/2019.

Interested Person Status - Additional Persons

None __

Officer’s Report

SITE

1.1 The application relates to existing property known as Sunnybank House sitting on the western side of the West Baldwin Road adjacent to the junction with the Ballalough Road, the property is one of several forming a cluster around the junction. Nearest the junction and between the gable of the cottage and the West Baldwin Road is a small area of hardstanding

==== PAGE 2 ====

                                      19/01231/B                                     Page  2  of  4

area providing stepped pedestrian access up into the curtilage of the property, nearest the road side there is an existing pillar 1.7m high from road level, this links with the stone boundary wall running alongside the road.

1.2 Google streetview taken from 2010 shows a rendered masonry wall enclosing this area and fitted with a pedestrian timber gate. The enclosed hardstanding area also providing a wheelie bin store.

THE PROPOSAL

2.1 This planning application seeks approval for removal of the wall between the cottage and the roadside pillar (retrospective) and the installation of replacement timber fencing including a pedestrian gate 5m in length. The fencing detail states that the fence is to be 1m tall nearest the cottage and 1.35m above ground level nearest the pillar.

PLANNING HISTORY

3.1 There are no previous applications for the site considered relevant in the case of this application.

PLANNING POLICY

4.1 The application site is within an "Area of High Landscape or Coastal Value and Scenic Significance" and within an area of woodland. Given the nature of the application it is appropriate to consider Environment Policies 2 and 3, and General Policy 2 (h) and (i) of the Isle of Man Strategic Plan, it is also necessary to consider Class 16 of the Town and Country Planning Permitted Development Order 2012 (PDO) for the erection of fencing at residential properties including along a roadside boundary.

4.2 Environmental Policy 2

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."

4.3 Environment Policy 3: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

4.4 General Policy 2: 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:

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;

==== PAGE 3 ====

                                      19/01231/B                                     Page  3  of  4

4.5 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: (a) the general conditions applicable to Section A; (b) the height, of the fence, wall or gate must not exceed- (i) 1 metre if positioned nearer than the dwellinghouse to any highway which bounds the curtilage; or (ii) 2 metres in any other case; (c) any fence which is nearer to any highway than the dwellinghouse must be constructed of vertical posts with spaces between, and not be of a solid construction. (d) any wall must be constructed of stone traditionally laid, or facing brickwork or rendered brickwork or rendered blockwork all with a coping at least 50 mm deep; and (e) no gates may open out over the highway or any footpath."

REPRESENTATIONS

Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Marown Parish Commissioners - No Objection (24/11/2019)

5.2 Department of Infrastructure (DOI) Highways Services - Do Not Oppose 29/11/2019.

ASSESSMENT

6.1 The proposed fencing is set back from the road and a considerable distance from its nearest neighbours and in this respect is not expected to result in any new highway safety issues or to impact adjacent living conditions. The main issues therefore to consider in the assessment of this application are the impact of the development on visual amenity particularly upon the on character and quality of the surrounding AHLV, woodland and streetscene,

VISUAL IMPACT

6.2 Under the PDO a timber fence of 1m high could be built alongside the highway so long as it was constructed of vertical posts with spaces between. In the case of this application part of the proposed fencing is taller than that permitted under the PDO and as such requires formal assessment. 6.3 The site forms part of a wider area recognised as being of High Landscape or Coastal Value and Scenic Significance, although the immediate site surroundings and context at this road junction is one that is characterised mostly by residential development and use. EP2 indicates that development will only be acceptable if the proposal would not harm the character and quality of the landscape; or the location for the development is essential. The proposed 5m length of fencing and its height between 1m - 1.35m situated between the existing roadside pillar and gable of the cottage is considered to be an acceptable level of development that does not significantly detract from the general character of the immediate area or streetscene and does not harm the wider AHLV. The works are upon an existing area of hardstanding and as such no impacts are expected on any nearby trees or the wider woodland designation.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with EP2, EP 3 and GP2 (h) and (i) of the Isle of Man Strategic Plan 2016 and therefore recommended for approval.

==== PAGE 4 ====

                                      19/01231/B                                     Page  4  of  4

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 Planning Committee 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 : Permitted Date : 06.02.2020

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.