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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01205/B Applicant : Garff Parish District Commissioners Proposal : Replacement of existing 4m high chain-link fence around tennis court with 4m high ball stop fence. Site Address : Glen Road Recreation Area Glen Road Laxey Isle Of Man IM4 7AH

Planning Officer: Mr Paul Visigah Photo Taken : 19.11.2019 Site Visit : 19.11.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 16.12.2019 __

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 the Location Plan, Site Plans, Photographs, Fencing Details, and Proposed Drawings date stamped and received 31 October 2019. __

Interested Person Status - Additional Persons

None __

Officer’s Report

SITE 1.1 The application site is part of a recreation area on the southern side of the Glen Road, Laxey. The site backs onto the Laxey River with a public car park directly north-west of the application site. The application site is also situated about 6.7m south of the Laxey Football

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Ground, separated only be the B1 which runs parallel to the site. There is a cluster of residential properties situated north west and south-east of the site.

THE PROPOSAL 2.1 The application seeks approval for the Replacement of existing 4m high chain-link fence around tennis court with 4m high ball stop fence.

2.2 It is understood that the proposed replacement fence would be blue 4m high 'Zaun Ball Stop' fence in colour to match adjacent Multi use Games Area Fencing. The dimension of the fenced tennis court area will remain the same (30.5m x 13.5m). As well, the layout of the fence will be the same arrangement as the current arrangement on the periphery of the court with a one metre wide 'Zaun' pedestrian gate entrance to complement the style of the fence.

2.3 No trees or vegetation will be disturbed by the replacement of the fencing.

PLANNING POLICIES 4.1 Under the Laxey and Lonan Area Plan Order 2005 the application site is zoned as open space (recreational). The site is also located within a Conservation Area.

4.2 It is therefore considered that the following policies of the Isle of Man Strategic Plan (2016) are relevant.

4.3 Paragraph 10.2.1: The Sport and Recreation Strategy 2002-2012 - "Planning for Sport" sets out a vision for the continued development and growth of sport on the Island and the benefits that this will bring. The Island is fortunate in that over the recent years a network of sporting facilities has been provided across the Island. The Sport and Recreation Strategy envisages improving on these both in terms of sport development and, as appropriate, new facilities.

4.4 General Policy 2 indicates that proposals that are in accordance with zoning will be supported subject to various detailed criteria, which include that they: (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; (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

PLANNING HISTORY 4.1 There are a number of applications relating to the site, including; Resurfacing of the existing recreation area, erection of fencing, retaining walls, ramps, new pedestrian access, landscaping and drainage (PA 04/01504/PART) which was permitted in 2004, as well as the Refurbishment of existing double court, creation of a second doubles court to replace existing singles and installation of children's play equipment, approved in 2007.

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

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5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in the letter dated 18 November 2019.

5.2 DEFA's Arboricultural Officer although consulted on 12 November 2019, has not commented on this application at the time of drafting this report.

5.3 Manx National Heritage although consulted on 12 November 2019, has not commented on this application at the time of drafting this report.

5.4 Manx Utilities Authority although consulted on 12 November 2019, has not commented on this application at the time of drafting this report.

5.5 The Clerk Garff Commissioners although consulted on 12 November 2019, have not commented on this application at the time of drafting this report.

ASSESSMENT 6.1 The main issues to consider in the assessment of the application are the principle, the impact upon the character and appearance of the site and the Conservation Area in general, as well as the impact upon neighbouring properties.

6.2 The site is within a predominantly residential area. What is sought is the re-fencing of the tennis court which would improve its appearance and prevent the balls from projecting unto the abutting highway; considering the existing fence is low and in poor form. Given that the tennis court is for public use, situated within an area zoned for recreation, and what is proposed would improve the appearance and functionality of the tennis court for recreational use, it is considered that the principle of the development is acceptable.

6.3 With regard to the character and appearance of the site and the Conservation Area, it is noted that the existing fence is not considered to be particularly attractive, in addition to the fact that it is situated by the highway where views are attainable from both directions. It is considered that the removal of the existing fencing which is in poor form and its replacement with the 4m high 'Zaun Ball Stop' fence in colour to match adjacent Multi use Games Area Fencing would have a positive impact upon the character and appearance of the site; as it would blend in with the backdrop of the Multi Games Area and improve the appearance of the street scene and the surrounding environment.

6.4 There would be no changes to the position of the fencing for the tennis court and as such the fencing would be no closer than it currently is from the closest neighbouring properties. However, what is proposed will prevent tennis balls from projecting unto the surrounding dwellings, particularly Amulree which is only 28m north-west of the application site. Based on the foregoing, it is considered that the proposed changes will not have an adverse impact upon the amenities of the neighbouring properties.

CONCLUSION 7.1 For the above reasons the application is considered meet with the general standards set out in GP2 and EP35, and is recommended for approval.

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

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(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.

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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 18.12.2019

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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