29 June 2012 · Delegated - Senior Planning Officer
39, Cherry Walk, Douglas, Isle Of Man, IM2 5nw
The proposal involved extending the garden of a two-storey detached dwelling at 39 Cherry Walk by removing a low grass bank/mound boundary and incorporating 24.3 square metres of adjacent scrub/open land as grass-seeded garden area, using timber fencing erected by Heritage Homes for the nearby Ballanard Woods developme…
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The officer considered the main issues to be the impact of the extended curtilage on neighbouring properties and the surrounding area.
General Policy 2
GP2 permits development in accordance with land-use zoning and Area Plan if it respects site/surroundings in siting/layout/scale, does not adversely affect character, amenity of residents, road safety, or prejudice adjoining land. Officer assessed the curtilage extension against these criteria, finding the new fencing improves amenity and screening over the prior inadequate mound, with no overlooking, minimal area impact, no highways harm, and compliance overall including para 8.12.1 of Strategic Plan.
Approved plans and photographs
This approval for the extension to the residential curtilage relates to 1 x A4 Photograph detailing the MEA Sub Station and Fence Erected by MEA, 1 x A4 Photograph detailing the View from MEA substation to rear of No. 41 and No. 39 Cherry Walk and 1 x Photograph detailing the View from No.39's (applicant) rear garden all date stamped 27th March 2012 and Amended Plan detailing the location of the application site and Amended Plan detailing the site plan all date stamped 25th May 2012.
no objection
Recommend approval - has no adverse traffic management, parking or road safety implications
Highways Division and Douglas Corporation have no objection to the retrospective extension to residential curtilage at 39 Cherry Walk; MEA provided no comment on the planning application; local resident Michael Coleman submitted multiple objections citing prior enforcement decisions and boundary disputes.
Key concern: Failure to comply with and enforce 2010 Planning Department decision requiring fence extension to exclude land behind 41 Cherry Walk
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; 12/00498/B Extension to residential curtilage (Retrospective), 39 Cherry Walk (Re advertised due to amended plans received)
Highways Division
SupportRecommend approval has no adverse traffic management, parking or road safety implications
MEA
No CommentThe Authority is content that the fences presently in place to the rear and side of our land correctly delineate our understanding of ownership and that the planning application under consideration does not adversely affect the MEA’s cables.; We do not therefore propose to comment on the planning application
Michael Coleman
ObjectionI object to the revised application in respect of “the green land” on the following grounds.; I strongly object to the revised application in respect of the plot immediately to the rear of my property. (“the red land”); I still believe that I have the right to expect that determination of this planning application should be based upon the original decision of your Department in October 2010.
Conditions requested: Enforce original 2010 decision to extend fence lines excluding 'red land'
Michael Coleman
ObjectionI wish to object to this application.; I believe that based upon the resolution of my complaint in 2010 I have been given a “legitimate expectation” that any conditions applied would be enforced
Conditions requested: Deny application and enforce original 2010 condition to extend fence
Michael Coleman
ObjectionI am somewhat concerned that the subject application states that the applicant has "been advised by the Planning Enforcement Officer to submit the application".; I thought their role would have been to enforce the original 2010 resolution of this matter.
Conditions requested: Enforce original 2010 resolution
