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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90257/B Applicant : Mrs Eileen Chinn Proposal : Creation of off-street parking Site Address : 113 Ballamaddrell Port Erin Isle Of Man IM9 6AX
Planning Officer: Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.05.2025
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.
N 1. The applicant is advised that allowing surface water run off would contravene Section 58 of the Highway Act 1986 and guidance in the Manual for Manx roads and the applicant should comply with those clauses.
This application has been recommended for approval for the following reason. The proposed works to create a new access and off road car parking space for one vehicle is considered to be acceptable, having no adverse visual or amenity impact on the character and appearance of the house, streetscene, surrounding area or on the living conditions of the neighbours in accordance with General Policy 2 (b, c, g). DOI Highway Services have accepted the highway safety impact of the proposal and a note will be added to remind the applicant of their obligations of Highways Act 1986 in line with General Policy 2 (h and i) of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following drawing: drawing number 101 Rev A - date published online 22 Apr 2025
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Port Erin Commissioners - No objection o Department of Infrastructure Highway Services & Drainage - No objection
Officer’s Report
1.0 THE SITE 1.1 The application relates to existing dwelling 113 Ballamaddrell, Port Erin.
2.0 THE PROPOSAL 2.1 Proposed is the creation of new vehicular access and creation of driveway parking space.
3.0 PLANNING HISTORY 3.1 The dwelling has not been subject to any previous planning applications. There are four applications elsewhere in the estate considered relevant: o No. 25 Ballamaddrell was approved under 12/00927/B for an extension in which the existing drawings show an existing off road parking space. o No. 43 Ballamaddrell was approved for vehicle hardstanding under 85/01036/B. o No 16 Ballamaddrell was approved for access and parking space under 21/00833/B o No. 44 Ballamaddrell was approved for access and parking space under 24/00543/B.
4.0 PLANNING POLICY 4.1 Site Specific 4.1.1 The site lies within an area zoned as 'Predominantly Residential' in the Area Plan for the South within the settlement boundary of Port Erin, The site is not within a Conservation Area and is not recognised as being at any flood risk.
4.2 Relevant policies of Area Plan/Local Plan o None
4.3 Relevant policies of Strategic Plan. o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o General Policy 2 - (b, c, g, h and i) - general standards towards acceptable development including visual and amenity impacts and highway safety matters o Environment Policy 42 requires development in existing settlements to be designed to take account of its particularly character and identity, both in terms of existing buildings and landscape features. o Community Policy 7 - designing out crime o Community Policy 11 - prevention of outbreak and spread of fire o Infrastructure Policy 5 - water conservation and management measures
4.4 Reference any relevant PPS or NPD o None
5.0 OTHER MATERIAL CONSIDERATIONS
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5.1 Legislation o None
5.2 Policy/Strategy/Guidance o Manual for Manx Roads - parking and visibility standards o Residential Design Guide - Sections 6.3 driveways, 5.0 architectural details, 7.0 impact on neighbours.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Port Erin Commissioners - in support (11/04/2025).
6.2 DOI Highways Drainage - allowing surface water run off would contravene Section 58 of the Highway Act 1986 and guidance in the Manual for Manx roads and the applicant should comply with those clauses.
6.3 DOI Highway Services - do not oppose (28/04/2025) - initially sought increase in size to the car parking space to be no less than 3.2m, and this was amended by the agent. Further clarification was required in respect of the drawing details and incorrect visibility splay. Highways confirmed the applicant hadn't drawn the visibility splay correctly, but that visibility was considered acceptable looking around the bend on this relatively low speed road and that a car parking space off-street in this location than a vehicle being parked on the bend is preferred.
6.4 The following were consulted but not response received at the time of writing the report 06/05/2025: o Manx Utilities - Electricity
7.0 ASSESSMENT 7.1 It's clear from planning history that there have been other vehicular access works approved in other parts of the estate and such works would not be so out of keeping with the overall wider character and appearance of the estate. The dwelling sits on a corner plot with lawned garden to the front and with a small grass strip along the side end gable. The proposal will result in the loss of some of the lawn frontage, but there still remains at least 50 % in front of the house in line with the Residential Design Guidance.
7.2 The proposed access and driveway is to measure 3.2m wide and does sit nearest the adjoining neighbours boundary and so there may be some increased noise and activity impacts in having a car parking in this area, however taking into account the fairly close knit arrangement of the estate as is and the established coming and goings within the area including parked vehicles along the main estate road, that the proposal would not be so unobjectionable in this case.
7.3 DOI Highways have reviewed the application and while accepting that the visibility splay drawing is incorrect, that the width of the space is acceptable and given the relatively low speed road in the area that visibility is acceptable and they'd rather see a car parked off the road than on the bend. DOI highway services do not oppose.
7.4 The driveway surface is to be concrete. There is no details for any site levels nor any surface water drain. DOI Highways Drainage have commented to make the applicant aware of their separate legal obligations under the Highways Act 1986 not to result in any surface water onto the road. A note to remind the applicant of these separate legal obligations would be relevant in this case. Any such drainage works constituting development would need to form part of a separate planning application submission.
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8.0 CONCLUSION 8.1 The proposed works to create a new access and off road car parking space for one vehicle is considered to be acceptable, having no adverse visual or amenity impact on the character and appearance of the house, streetscene, surrounding area or on the living conditions of the neighbours in accordance with General Policy 2 (b, c, g). DOI Highway Services have accepted the highway safety impact of the proposal and a note will be added to remind the applicant of their obligations of Highways Act 1986 in line with General Policy 2 (h and i).
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 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).
9.2 Article A10 sets out that the right to appeal is available to: 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.
9.3 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.
9.4 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.
9.5 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: 07.05.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
Customer note
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