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Application No.: 25/90005/B Applicant: Miss Breeshey Harkin Proposal: Formation of a new vehicular access (in association with 25/00061/CON) Site Address: Lilac Cottage Main Road Kirk Michael Isle Of Man IM6 2HG Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.02.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interests of highway safety and visual impact on the character of the streetscene.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 17th January 2025, referenced;
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DoI Highways - No Objection DoI Highways Drainage - No Objection
_________________________________________________________________ Officer’s Report THE SITE
1.1 The application site is within the curtilage of a residential dwelling referred to as Lilac Cottage, Main Road, Kirk Michael. The property is of traditional Manx vernacular with a catslide roof to the rear, which is set back from the edge of the highway with an attached flat roofed garage to the north elevation. To the south elevation (side) is a landscaped area adjacent to the neighbouring property to the south, namely the Methodist Church. - 1.2 The property currently benefits from one vehicle access off the highway adjacent to the garage to the north of the curtilage with parking for one vehicle at a depth of 4.3m. - 1.3 The property is enclosed from the highway/ footpath by a dwarf wall (approx. 450mm high) with pillars and metal railing atop (approx. 1.1m high in total) and pedestrian access opposite the front doorway to the property. - 1.4 The property is located within the Kirk Michael Conservation Area. THE PROPOSAL
2.1 The application seeks to create a new driveway to the south of the dwelling house that would see the removal of a section of the dwarf wall and railings between the two pillars. The width of the new access would measure 4.0m approx. and would allow for two off road parking spaces. The length would extend to 16.5m into the rear of the property and would be 3.0m wide. The pillars would be reduced in height to 1.05m from 1.1m to aid with visibility. - 2.2 The driveway surface will consist of bound, consolidated and permeable material to maintain surface drainage and avoid transmission of loose material onto the highway. The kerb will be dropped to enable vehicular crossing of the footway - 2.3 The existing vehicular access will be reduced to a maximum of 2m (from 2.9m) to facilitate pedestrian and cycle access only (through construction of a permanent planter). - 2.4 This application is to be assessed in association with 25/00061/CON - Registered Building consent for demolition aspects to 25/90005/B.
3.1 24/01133/CON - Registered building consent to demolish existing brick shed. Approved. 24/00198/LAW - Certificate of Lawful Development for the installation of a replacement roof. Approved.
4.2 Strategic Policy The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
General Policy 2 General Development Considerations Environment Policy 35 Preserve or enhancement for Conservation Areas Transport Policy 4 Highway Safety 7 Parking Provisions
4.3 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". CONSULTATIONS - 5.1 Michael Commissioners, had not commented at the time of writing.
5.2 Highway; no objection (21/01/25) "Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the access design and site visibility is acceptable for the proposals onto the Main Road. Conditions should be attached to permission on access design, site visibility splays and existing driveway to be closed on the approved plans implemented before first use of the driveway and retained thereafter (for highway safety reasons). A S109 highway agreement will be required for the dropped kerb vehicular access onto the highway".
5.3 DOI Drainage (11/02/25) "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads." ASSESSMENT - 6.0 The key considerations in the determination of the application are;
6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), (see section 4.3 of this report), on whether the works would preserve or enhance the Conservation Area. The proposals as further assessed below will ascertain whether there is any detrimental visual impact from the removal of the wall and the creation of a parking area adjacent to the dwelling house. With this in mind and noting that the proposal is within the curtilage of an existing dwelling house, the proposals are of a small scale and should not alter the wider Conservation Area as a whole. The proposal at this stage would pass the Section 18(4) test by helping to preserve the Conservation Area.
6.2 In terms of the proposal, the removal of this section of dwarf wall with metal railing atop between the existing pillars would be acceptable in this instance, as the remaining boundary wall (of the same type and finish) with pedestrian access/gate would remain and would now have an appearance of be centrally aligned across the front elevation of the width of the dwellinghouse.
6.3 The loss of this section of walling would not be seen to create an incongruous feature on the streetscene and neither would the parking of two cars in tandem adjacent to the dwelling house and behind the front wall of the dwellinghouse. The proposal would be read within the residential context of the property and that of the streetscene ensuring compliance with GP2b,c,g. CONSERVATION AREA
6.4 With regard to any adverse impact upon the existing conservation area the character of the streetscene, it is noted as being predominately residential where most properties fronting the highway have parking associated with and aligned with the dwellinghouse. The proposal would not be out of character here and would have a neutral impact upon the conservation area helping to preserve the overall appearance of the streetscene in accordance with EP35. HIGHWAY SAFETY - 6.5 The proposed creation of a new driveway with a dropped kerb and a surface finished in a bound, consolidated and permeable material would be appropriate to accommodate the vehicle movements associated with the dwellinghouse. It is noted this would facilitate parking in tandem of two cars off the highway and within the residential curtilage and takes into consideration visibility splays and highway safety for all users. - 6.6 The existing access opposite the garage is shown on the plans to be partially close off, leaving an opening of approx. 2m width (from 2.9m) to allow for pedestrian and cycle access to the garage and property. The method of enclosure is through construction of a permanent planter, although no further details have been provided on this. A condition can be added to ensure the details of this are visually complementary to the property and the character of the streetscene. - 6.7 In this instance it is noted Highway Services does not object. On balance, the support on this application from highways services and the level of information on drawings ensures the proposal would comply with GP 2 (h&I) and TP 4 and 7 of the Strategic Plan.
7.1 For the above reasons, the proposed creation of a vehicular access would not harm the character of the area or the highway network or that of the conservation area and would comply with General Policy 2, Environmental Policy 35, Transport Policy 4&7 of the IOMSP. The application is therefore recommended for approval. 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:
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):
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: 17.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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