Planning Officer Report

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks approval for the erection of a fence/trellis within the curtilage of a property in a residential area. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan.

The Site

1. The application site is the curtilage of Yn Darragh, Darragh, Port Erin which is a detached property, the highway wraps around the northern side of the site and runs down the western side towards the south.

1. To the southern side of the dwelling there is a stream which runs through the site, beyond that there are two detached properties, the side elevation of one of these properties looks towards the rear garden of the application site, there are three windows in this elevation.

The Proposal

1. The application seeks approval for the erection of a trellis/fence adjacent to the stream in the rear garden.

1. The trellis/fence would be approximately 6 feet high and can be seen through.

1. The trellis/fence would be as a decorative feature and would also provide protection from the stream for the applicant's grandchildren.

Planning History

1. The previous planning applications are not considered specifically material in the assessment of the current application.

Development Plan Policies

1. The application site is in an area zoned as "Predominantly Residential" identified on the Port Erin Local Plan 1990. It is appropriate to consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).

1. 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:

Application No.:	12/00539/B
Applicant:	Mr Ian Knighton & Miss Joan Margaret Green
Proposal:	Erection of a fence / trellis (retrospective)
Site Address:	Yn Darragh Darragh Port Erin Isle Of Man IM9 6JB

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; n) Is designed having due regard to practice in reducing energy consumption.

Consultations

1. Fisheries Division of the Department of Environment, Food and Agriculture have advised that fencing is not detrimental to the watercourse and they would have no problem with the proposal.
2. The owner/occupier of Myrtle Cottage, Darragh, Port Erin objects to the application for the following reasons: the area is open space, not in keeping, the river bank is unstable, the trellis is already blocking necessary natural light which will only worsen once foliage takes hold, the trellis fencing is unnecessary.
3. The Highways Division recommend approval as it has no adverse traffic management, parking or road safety implications.

Assessment

1. The proposed trellis/fencing is see through and would be some distance from the neighbouring property so would therefore not result in an undue loss of light to the neighbouring property; neither would it appear unduly overbearing. The neighbouring property is concerned about loss of light, given that you can see through the fence it is considered that the proposed fencing would not unduly affect the neighbouring property.
2. It is considered that the development would not adversely affect the amenities of the neighbouring properties; neither would it have a harmful impact on the visual amenities of the area.
3. The Officer from the Fisheries Division is satisfied that the proposed development would not have a detrimental impact on the watercourse.
4. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status

1. The local authority, Port Erin Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. The Department of Environment, Food and Agriculture is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) Order 2005, and as such is not afforded party status.

1. The owner/occupier of Myrtle Cottage, Darragh, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (6) (a), considered an "interested person" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.05.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. This permission relates to the erection of a fence/trellis as shown in drawing 1151-11 and Photographs received 5th April 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 11/14/12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Jennifer Chance Development Control Manager