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25/90611/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90611/B Applicant : Mrs Dawn Collins Proposal : Dropped kerb, amendment to gate post and removal of part of grass bank to create vehicular access (amendment to 25/90295/B) Site Address : 34 King Edward Park Onchan Isle Of Man IM3 2AB
Principal Planner: Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.07.2025 __
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. Prior to the commencement/creation of the access hereby approved the existing northern pillar as shown on drawing 03P REV 2 and 04P REV 2 shall be lowered to a height of 1050mm and shall be retained thereafter.
Reason: In the interest of Highway Safety.
C 3. The visibility splays identified on 04P REV 2; shall be constructed in accordance with the approved plans (2m x 58m in a north westerly direction and 2m x 30.3m in a south easterly direction) and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. Overall, while the principle and the visual impact of the works are considered acceptable; the proposal would provide acceptable visibly splays for its location, it is concluded that the planning application would comply with the provisions set out in General Policy 2 (b, c & i) of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
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25/90611/B
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This approval relates to the submitted documents and drawing all received on 16.06.2025.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection/no comments received __
Officer’s Report
1.0 SITE 1.1 The application site is the residential curtilage of 34 King Edward Park, Onchan which is a single storey bungalow located to the north of King Edward Park and south of Harbour Road. The MER railway lines runs to the northeast of the site.
1.2 The property has an existing front driveway/access and landscaped gardens which front onto King Edward Park.
2.0 PLANNING POLICIES 2.1 The application site is within an area of 'Predominantly Residential' under the Area Plan for the East 2020. The site is not within a Conservation Area.
2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
2.3 General Policy 2 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; (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."
2.4 Residential Design Guide June 2021
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25/90611/B
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2.5 Manual for Manx Roads
3.0 PLANNING HISTORY 3.1 The previous planning application is considered relevant in the assessment and determination of this application:
3.2 Remove part of grass bank to create new driveway and dropped kerb - 25/90295/B - REFUSED; "The proposals fail to provide the required visibility splays and therefore it is considered the proposal would be contrary to General Policy 2 (i) of the Isle of Man Strategic Plan as the proposal would have an unacceptable effect on road safety on the local highway."
4.0 PROPOSAL 4.1 The application seeks approval for the Dropped kerb, amendment to gate post and removal of part of grass bank to create vehicular access (amendment to 25/90295/B).
4.2 The access onto Harbour Road would have a width of 4.3m and the driveway a width narrowing to 3.5m with a depth of 7.3m. There is no turning provision associated with the proposal. The proposal includes the reducing the northern pillar to 1.05m in height.
5.0 REPRESENTATIONS 5.1 Highway Services have no objection to the application making the following comments (21.06.2025): "After reviewing these Applications, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the visibility splay meets suitable standards to an offset of 2m, and dropped kerb extends from the adjacent dropped kerb. A S109 highway agreement will be required for the dropped kerb vehicular access."
5.2 Onchan Commissioners do not object (09.07.2025).
6.0 ASSESSMENT 6.1 The key issues to consider in the assessment of this planning application are firstly the potential impacts upon the visual amenities of the street scene and secondly the potential impact upon highway safety.
POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.2 The proposed works would result in a section of existing grass banking being removed and replaced with the new access/driveway. This section of the street scene would be altered; however, one of the main characteristic of Harbour Road are properties with driveway/accesses. While this proposal would affectedly be to the rear of the existing dwelling, it is considered most people travelling along this section of Harbour Road would just consider the access as part of the main dwelling, which as mentioned is a common feature in this area. An exception to this is Nr 36 King Edward Park immediately to the north of the site which has an "in and out" arrangement from King Edward Park to Harbour Road. However, the general character of the street scene includes access/driveways. Accordingly, while the loss of a small section of the Manx sod bank is unfortunate; overall, the proposal from a visual amenity perspective raise no concerns and complies with General Policy 2 of the IOMSP and the Residential Design Guide.
POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.3 The proposal seeks to overcome the previously reason for refusal which related to inadequate visibly splays. The proposed access would be on a section of a sloping section of Harbour Road and northwest (approximately 30m) of the junction of Harbour Road and King Edward Road, which includes the MER railway lines running across the Harbour Road.
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25/90611/B
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6.4 Immediately to the north of the site is the neighbouring property Nr 36 King Edward Park, which also has an access onto Harbour Road and King Edward Park. This "in and out" arrangement has been in places potentially since the original dwelling on the neighbouring site was built a number of decades ago (existing dwelling Nr 36 is a replacing dwelling approved in 2010 and 2013 which showed this existing access arrangement in place).
6.5 Highway Services have previously (PA 25/90295/B) outlined that visibility splays of 2.4m (or with a 2m setback being an absolute minimum) x 43m are required in either direction. The current plans show visibility splays of 2.4m x 27.5m in a north westerly direction and 2.4m x 11.5m in a south westerly direction. The plan does also indicated visibility splay of 2m x 58m in a north westerly direction with the reduction in height of the northern pillar. Further a splay is also shown of being 2m x 30.3m in a south easterly direction.
6.6 Visiting the area and from general observations of driving along this section of Harbour Road over many years, it is a well-used section of road which serves the neighbouring residential areas and Onchan village centre. Accordingly, given these reasons and also its general characteristics outlined in paragraph 6.6, it is considered important to ensure highway safety matters have the highest regard. The visibility being set back either 2.4m or 2m falls below standard in relation to the southerly splay towards the junction with King Edward Road. One this point the applicants have indicated that (during pre-application advice); "...With regards to the visibility down the road, even if increasing this further, this probably wouldn't achieve 43m before reaching the junction anyway, as it's already almost there. Even if extending the visibility slightly further, this wouldn't make much of a difference. By the time vehicles manoeuvre from King Edward Road on to Harbour Road, they will be just where the visibility splay is shown anyway."
6.7 The splay shown does extend almost as far as sight allows, as the junction of Harbour Road with King Edward Road bends in a southerly direction. This therefore potentially can reduce the speed of vehicles (if turning onto Harbour Road from Kind Edward Road) as they need to slow to turn the corner. Furthermore, traffic would be traveling uphill, which again is likely to reduce traffic speed. It is noted that the splay in this south eastern direction does not meet the 43m sort previously, being 30.3m (12.7m). However, significant material planning weight is attached that Highway Services have considered the proposal and have raised no objection in terms of this matter and therefore have no concerns of the proposal in relation to highway safety.
6.8 Overall, it is considered the proposal would comply with General Policy 2 (b, c & i) of the Isle of Man Strategic Plan as the proposal would have an acceptable effect on road safety on the local highway and have no significant adverse impacts upon the visual amenities of the street scene.
7.0 CONCLUSION 7.1 Overall, while the principle and the visual impact of the works are considered acceptable; he proposal would provide acceptable visibly splays for its location, it is concluded that the planning application would comply with the provisions set out in General Policy 2 (b, c & i) of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for a approval.
8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
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o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 21.07.2025
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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