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17/00331/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00331/B Applicant : Mr Jason Chatwood Proposal : Closing up of existing and creation of a new vehicular access and relocation of driveway Site Address : 31 Eskdale Road Onchan Isle of Man IM3 2AH
Case Officer : Mr Edmond Riley Photo Taken : 20.04.2017 Site Visit : 20.04.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is a detached dwelling located on the east of a corner in Eskdale Road in Onchan. The dwelling is just north of a bifurcation of Eskdale Road. The dwelling has a detached garage to its southeastern side, as well as a prominent flowering cherry tree to the northwest.
1.2 Access to the garage is made from the west, and there is a driveway leading to the garage that provides for three parking spaces - two in tandem, one alongside the space nearest the garage.
1.3 The dwelling is bounded from the pavement and highway by a low wall and hedging atop.
2.0 THE PROPOSAL
2.1 Full planning approval is sought for the creation of a new access and associated parking area at the northwestern side of the dwelling. This would involve the removal of the cherry tree, while also proposed is the closing up of the existing access. The application does not propose any change to the garage, which is proposed to remain, even though the new parking area would not connect to that garage.
2.2 Included within the application is a supporting statement provided by the applicant, who is of the view that the new driveway / highway access would provide a safer entrance and exit to the dwelling given that it would be in more obvious view for oncoming traffic. The statement goes on to state that DOI have confirmed that the new access would be safer and the existing, while there is also confirmation from the DEFA Forester that the tree can be removed without a licence.
2.3 The new access would be 5m in width, following a decision to amend the initially submitted 4m-width.
3.0 PLANNING HISTORY
3.1 Neither the application site nor the neighbouring dwellings have been the subject of applications considered materially relevant to the determination of this current proposal.
4.0 THE DEVELOPMENT PLAN
4.1 The site lies within an area zoned as Predominantly Residential on the Onchan Local Plan. In view of the nature of the development proposed, the application should be assessed against
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parts (b), (c), (g), (h) and (i) of General Policy 2 and also Transport Policy 7 of the Strategic Plan, which have superseded Onchan Local Plan Policies O/RES/P/21 And O/RE/P/20 respectively.
5.0 REPRESENTATIONS
5.1 DOI's Highway Services commented at length on 25th April 2017, and as such it is worth noting their comments in full on this occasion:
"The proposals are for the closing off of an existing vehicle single width access and the creation of a new 4.0m wide vehicle access to the opposite side of a dwelling. Access is from the residential estate road known as Eskdale Road with a 2.0m wide footway fronting the application site.
"The dwelling is situated on a corner of Eskdale Road where visibility to the right (looking towards the corner) for vehicles pulling out of the existing access is no more than 14m.
"The proposed access is slightly better with visibility being in the region 16m (looking towards the corner).
"Whilst neither are particularly good in terms of visibility, one could argue the proposed access is slightly better.
"The proposed access is shown at 4.0m wide with a turning area; it is debatable how the turning area will work therefore it is suggested the access be widened to 5.0m so as to allow two vehicles to park side by side.
"Should you be mindful to approve this application, please attach the following conditions to any future consent:
"1. Within 1 month of the new access becoming operational, the redundant vehicular crossing shall be permanently reinstated with new kerbs and all necessary alterations to the footway / drainage to the satisfaction of the Planning Authority.
"Reason: In the interests of Highways Safety
"2. The proposed access shall be a minimum width of 5.0m so as to allow two vehicles to park side by side.
"Reason: In the interests of Highways Safety.
"Informative
"Highways Services will require the applicant to enter into an agreement under Section 109A of the Highways Act (1986) for all proposed works within the highway (kerbs, footways and any drainage). Please contact Kevin Almond on 01624 686672."
5.2 In further correspondence between the Department and Highway Services, in which it was explained that their proposed condition 2 was unlawful, the officer making the comments noted that they would "prefer an amended plan" on 6th June 2016, and in a subsequent telephone conversation noted that without an extension to the width a formal objection would be lodged.
5.3 Onchan Commissioners offered no objection on 5th April 2017.
5.4 On receipt of the amended plan, no further comments were received.
6.0 ASSESSMENT
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6.1 The key issues here are the impact of the proposals on the streetscene and highway safety.
6.2 In respect of the first issue, the loss of the cherry tree is unfortunate. However, the Arboricultural Officer informally confirmed verbally that he would have no objection to the loss of the tree, noting that the time of the site visit was a short window during which the tree is in flower.
6.2 The frontage is largely hardstanding already, although there is some welcome softening in the form of well-tended hedges. The garden cannot be readily seen and so the creation of additional driveway area is not considered inappropriate in visual terms. It is also to be noted that there are several other dwellings in the immediate area that offer a similar appearance, and accordingly the proposed works would reflect the streetscene. This is, however, subject to a condition requiring the existing access be blocked off: it would be unfortunate if there were two accesses from what is a fairly small frontage, and retaining both may also have highway safety impacts.
6.3 The comments of Highway Services are noted and accepted. The existing access is nearly opposite to an existing junction and on a corner, whereas the proposed access would have greater visibility but would also be further away from the junction. It is concluded that the proposal would result in an improvement over the existing situation - albeit minor - and accordingly no objection is raised on this ground.
6.4 In the overall planning balance, then, it is concluded that the loss of the tree can be positively outweighed by the creation of (albeit marginally) better accessible off-road parking.
7.0 RECOMMENDATION
7.1 The proposal is considered acceptable for the reasons outlined, subject to the first condition suggested by Highway Services.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o 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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; o Highway Services of the Department of Infrastructure, and o The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.06.2017
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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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.
C 2. Within one month of the vehicular access hereby approved coming into use, the existing vehicular access shall be permanently closed as shown on 'Drawing 1 - Proposed Layout with drive entrance changed from 4m to 5m' (date-stamped as having been received 15th June 2017).
Reason: In the interests of highway safety.
The development hereby approved relates to 'Drawing 2' and 'Drawing 3' (both date-stamped as having been received 23rd March 2017), and also to 'Drawing 1 - Proposed Layout with drive entrance changed from 4m to 5m' (date-stamped as having been received 15th June 2017).
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 : 29.06.2017 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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