188243

==== PAGE 1 ====

                                      24/00105/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00105/B Applicant : Mr Owen Jones Proposal : Variation of condition one of PA 19/01237/B, Creation of off road parking, to extend period of permission by four years Site Address : 61 Port E Chee Avenue Douglas Isle Of Man IM2 5EU

Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.03.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which is removed or becomes seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: To safeguard the appearance of the development and the surrounding area.

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 30th January 2024; o Douglas Corporation Consultation from PA19/01237/B dated 17th December 2019 o Douglas Corporation Consultation from PA19/01237/B dated 26th November 2019 o Decision Notice from PA19/01237/B o Highway Response from PA19/01237/B o Officer Report from PA19/01237/B

==== PAGE 2 ====

                                      24/00105/B                                     Page  2  of  4

o Plan List & Design Statement from PA19/01237/B o Drawing No. 010 Rev B from PA19/01237/B o Drawing No. 020 Rev B from PA19/01237/B o Drawing No. 030 Rev A from PA19/01237/B o Drawing No. 031 Rev A from PA19/01237/B

__

Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION SITE 1.1 The application site is the residential curtilage of 61 Port E Chee which is a split storey detached single storey bungalow situated to the north western side of the highway.

1.2 The property to the north of 61 Port E Chee, 63 Port E Chee is higher than 61 Port E Chee and the property to the west of 61 Port E Chee, 59 Port E Chee is lower than 61 Port E Chee. All the properties are set back from the roadside with a steep incline up to the road, which is in itself on an incline.

1.3 To the front of the property there is a small garden and a staircase to the south of the front elevation.

1.4 Currently the property in question has no on site car parking available with all parking being on the street.

THE PROPOSAL 2.1 The current planning application seeks approval to vary Condition 1 of PA19/01237/B, by extending the period of permission by 4 years. The description of PA19/01237/B is as follows;

"2.1 The current planning application seeks approval to create an off road parking space on a raised platform which is to be 4.2m by 5.7m. This is to include a staircase down to the property and a bin store to the right hand side of the parking bay. The raised platform is going to be between 1.74m to 1m above the ground floor level with a 0.33m thick base and railings to 1.15m high. An estimate of the overall height is 3.2m high facing towards 63 Port E Chee and 3m high towards 59 Port E Chee.

2.2 The new staircase is to be formed from rendered wall and concrete trades/rises."

PLANNING HISTORY 3.1 There are two previous applications upon the site, PA19/00713/B which was refused and PA19/01237/B which is the subject of this application.

3.2 PA19/00713/B was for the "Creation of off road parking" which was refused. The reason for refusal was "By virtue of its design, size and materials proposed the proposal would unacceptably harm the characteristics of the existing property and the character of the surrounding area. The proposal would result in overlooking to the neighbouring property. Therefore the proposal conflicts with General Policy 2 of the Isle of Man Strategic Plan 2016."

3.3 PA19/01237/B was for, "Creation of off road parking" and was Permitted with the following condition, "The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which is removed or becomes seriously damaged or

==== PAGE 3 ====

                                      24/00105/B                                     Page  3  of  4

diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. Reason: To safeguard the appearance of the development and the surrounding area."

PLANNING POLICY 4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East, Map 4 - Douglas. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 Given the nature of the residential property and the land designation paragraph 8.12.1 and General Policy 2 from the Isle of Man Strategic Plan 2016 are most relevant to its assessment which set out the general standards towards acceptable development.

4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking.

4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.

REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking." (09.02.24)

5.3 Douglas Borough Council have considered the application and state, "No Objections." (16.02.24)

ASSESSMENT 6.1 This application is to vary condition one of PA19/01237/B, which seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years onto the time in which the permission would be implemented.

6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change in the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made.

6.3 Since the initial approval the Douglas Local Plan 1998 has been superseded by The Area Plan for the East, of which the land designations is still Predominately Residential, as such there is no difference to the policies in place.

6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.

CONCLUSION 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued.

==== PAGE 4 ====

                                      24/00105/B                                     Page  4  of  4

7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 __

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 13.03.2024

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.