Planning Officer Report

Case Officer: Mr Chris Balmer Photo Taken: 01.10.2012 Site Visit: 01.10.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Site

1. The site is the residential curtilage of 115 Ballamaddrell, Port Erin which is an existing single storey terraced dwelling in Ballamaddrell which is an estate of very similar properties - all single storey and finished in re-constituted stone cladding with low pitched brown tiled roofs.

The Proposal

1. The application seeks approval for creation of vehicular hard-standing and access in front garden (Retrospective).

Planning Status And Policy

1. The site lies within an area of residential use on both the Port Erin Local Plan of 1989 and the Modified Draft Southern Area Plan of 2012.

1. As such there is a presumption in favour of alteration and extensions of existing property as set out in the Strategic Plan as follows:

1. Paragraph 8.12.1 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

1. "General Policy 2: 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;

Application No.:	12/01291/B
Applicant:	Kenneth Michael & Sylvia Buttell
Proposal:	Creation of vehicular hard-standing and access in front garden (Retrospective)
Site Address:	115 Ballamaddrell Port Erin Isle Of Man IM9 6AX

• (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."

Planning History

1. There are no previous planning applications which are considered relevant in the assessment and determination of this application.

Representations

1. Highways Division indicate that there are no adverse traffic impacts from the proposal.

Assessment

1. The critical issue in this case is the impact on the streetscene. Generally the planning department consider any new hardstanding should retain 50% of the existing garden space.

1. This is to protect the visual amenities of the street scene from being made up of large amount of hardstanding which can have the appearance as a large car park. In this case the works have already been completed. Previously the frontage was a lawned area. The applicants have retained an attractive gravel/planted areas surrounding the two car parking bays. They have also indicated that they have no other way of providing parking and the estate road is very narrow. They indicate the proposal would remove parked vehicles from the pubic highway.

1. A number of properties in the area have undertaken similar schemes, albeit the majority, if any, appear not to have benefited from planning approval.

1. Overall, whilst it is against general guidance (i.e. more than 50% is now hardstanding) for such development, it is clear that the proposal would provide the only off street parking provision available to this property. The proposal will also likely reduce the likelihood of vehicles parking on the narrow highway which is beneficial to highway safety. Consequently, in this situation it is considered the scheme is acceptable for the appearance of the street scene and for the general amenity of the occupiers of the proposed dwelling.

Party Status

1. The local authority, Port Erin Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the creation of vehicular hard-standing and access in front garden (Retrospective) as proposed in the submitted documents which are date-stamped 19th September 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 23/10/12

Determining officer (delete as appropriate)

Signed : G. H. H. Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager