183579

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                                      19/00048/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00048/B Applicant : Mr Peter And Mrs Clare Bergquist Proposal : Creation of vehicular access to provide off street parking to side of property (retrospective) Site Address : Holly Cottage 57 Governors Road Onchan Isle of Man IM3 1AZ

Senior Planning Officer: Mr Thomas O'Connor Photo Taken : 06.03.2019 Site Visit : 06.03.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 08.03.2019 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. There is no lawful existing vehicular crossing from the site onto the highway. The dropped kerbs and tactile paving that exist on the highway footpath in front of the property is a pedestrian crossing point with a 1.2m wide tactile paving square that has not been constructed to accommodate the weight of vehicles. The pedestrian crossing is located to encourage pedestrians, particularly vulnerable individuals, such as blind and partially sighted users to cross the A2 highway at this point which has the benefit of a centrally positioned traffic island. The use of this dropped kerb to provide for vehicular access/egress to the site would directly conflict with the function of the pedestrian crossing at this point and be unlawful.

R 2. The vehicular access and egress onto the site is located directly opposite a splitter island positioned centrally within the A2 highway on its approach to the roundabout. This would result in cars turning right out of the driveway having to drive on the wrong side of Governors Road for a short stretch of road against the flow of traffic. Also, cars would not be able to manoeuvre safely in order to turn right into the driveway especially if other vehicles on Governors Road were approaching the roundabout eastbound past the site at the same time. As such, the use of the vehicular access and egress provided for the property would be detrimental to highway safety and fail to comply with General Policy 2 (h), (i) of the Isle of Man Strategic Plan 2016 in this respect. __

Interested Person Status - Additional Persons

None __

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Officer’s Report

1.0 THE APPLICATION SITE 1.1 The site consists of a recently refurbished two storey cottage dwelling with a walled front a side curtilage located close to the highway roundabout at the junctions of the A2 Governors Road, a main route into Douglas from the north, and Summer Hill Road. Situated within predominantly residential area of Onchan, the area nonetheless has a mixture of uses in the near locality with the property being next to a petrol filling station with a significant retail outlet attached and; a pharmacist. The building is not registered and the site itself is outside of any conservation area.

2.0 THE PROPOSAL 2.1 This application is retrospective in character by reason of the parking area to the side of the house with opening formed onto Governors Road and its recent past use to park vehicles and; the use of an existing pedestrian cross-over onto the highway of some 1.2m in width over which the vehicular crossing onto the highway is made. This application seeks planning permission to regularise the provision of the off street parking created and the use of the manner of crossover onto the highway.

3.0 PLANNING HISTORY 3.1 18/0555/B - Alterations and erection of an extension (retrospective) - permitted.

3.2 17/00297/B - Erection of a two storey extension to rear - refused

4.0 PLANNING POLICY 4.1 Onchan Local Plan 2000 - The following extract from the Written Statement is considered of some relevance to this application:

4.2 Policy O/RES/P/21 - Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact upon adjacent property.

4.3 In terms of land use designation the application site is located within Onchan designated as predominantly residential under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

4.4 General Policy 2 of the Isle of Man Strategic Plan 2016 is more specific in land use zoning and states: "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: (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;

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(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; and (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS 5.1 Onchan District Commissioners recommend that the application be refused in the grounds that the development fails to comply with General Policy 2 (h), (i) of the Isle of Man Strategic Plan 2016 in that it has an adverse effect upon highway safety.

5.2 Highways Services make the following comments.

o The site parking area is already in place. The applicant has not provided a scale site plan to show the parking area but the photograph submitted shows one parked car could be accommodated. The 'Manual for Manx Roads' (MfMR) design guide specifies a driveway space must be at least 2.5m x 5.5m in size. o There is no existing vehicular crossing to the driveway. The dropped kerbs and tactile paving that exist in front of it is a pedestrian crossing point has not been constructed to accommodate the weight of vehicles. Any vehicles using these dropped kerbs to access/egress the site would therefore be doing so illegally. Tactile paving is placed adjacent to a pedestrian crossing point with dropped kerbs to alert blind and partially sighted pedestrians that it is a safe and appropriate place to cross the road. Tactile paving should never be placed across a vehicle crossing as pedestrian crossing points should be located away from vehicular accesses to avoid pedestrian/vehicle conflicts, particularly where blind and partially sighted pedestrians are encouraged to cross. o The pedestrian crossing point is to assist pedestrian movements across the A2 Governors Road, via the roundabout splitter island along an existing pedestrian desire line across a busy main route which needs to be maintained. The existing dropped kerbs are not wide enough to enable a car to cross them as the tactile paving on the photograph appears to be approximately 1.2m wide (based on known sizes of manufactured tactile blocks) and a car is around 2m wide. It would appear to be very difficult if not impossible for a car to drive in and out of the driveway without driving along the footway which is illegal. o Due to the presence of the splitter island opposite the driveway, cars turning right out of the driveway would have to drive on the wrong side of Governors Road for a short stretch of road against the flow of traffic. Cars would not be able to turn right into the driveway from the roundabout for the same reason and it would not be possible to make such a manoeuvre safely, especially if other vehicles on Governors Road were approaching the roundabout eastbound past the site at the same time. o It is acknowledged that there is limited on-street parking in the area, but highway safety always takes precedence over other highway issues. Due to the highway safety and movement issues described above, Highway Services cannot support the proposals and would not enter into a Section 109A Highway Agreement to provide a legal vehicular crossing to serve the driveway. o In summary, Highway Services opposes the application on highway safety grounds as it is not possible for vehicles to gain safe and legal access and egress to and from the site parking area. Highway Services therefore request that the site parking area is removed to prevent such unsafe vehicle movements.

5.3 Neighbours: No observations have been received from local residents

6.0 ASSESSMENT 6.1 As indicated by Highway Services in their representations above, the retrospective use of vehicular opening and crossover at this location is clearly unacceptable for a number of reasons, namely:

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o There is no existing vehicular crossing from the highway to the driveway/parking space. The dropped kerbs and tactile paving that exist to the front of it is 1.2m in width and designed to serve as a pedestrian crossing point which has not been constructed to accommodate the weight of vehicles. Any vehicles using this dropped kerb to access/egress the site with a vehicle would therefore be doing so illegally; o Use of tactile paving such as existing, adjacent to a pedestrian crossing point with dropped kerbs, is placed there specifically to alert blind and partially sighted pedestrians of a safe and appropriate place to cross the road. Any use of the drop kerb as part of a vehicular crossing onto the highway would therefore compromise its function as a safe crossing point, particularly in respect of blind and partially sited pedestrian users. o The existing dropped kerbs are not wide enough to enable its use as vehicular access onto the site as the tactile paving is some 1.2m in width and most cars are around 2m wide. It would therefore be impracticable for a car to drive in and out of the driveway without illegally driving along the footway. o The splitter island is positioned centrally within the A2 highway on its approach to the roundabout and located directly opposite the driveway. This would result in cars turning right out of the driveway having to drive on the wrong side of Governors Road for a short stretch of road against the flow of traffic. Also, cars would not be able to manoeuvre safely in order to turn right into the driveway especially if other vehicles on Governors Road were approaching the roundabout eastbound past the site at the same time.

6.2 As such, on highway safety grounds, it is not possible for vehicles to gain safe and legal access and egress to and from the site parking area. Highway Services level of concern is such that they request that the site parking area be removed to prevent unsafe vehicle movements onto and off the highway from the illegal access.

7.0 CONCLUSION 7.1 It is recommended that the planning application be refused

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 become vested; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and o 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 above who should be given Interested Person Status.

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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 : Refused Date : 11.03.2019

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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.