Isle of Man

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Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

The time for requesting an appeal has expired; or
Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] 13 / 00564 / B

Case Officer : Miss Laura Davy Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

1.0 THE SITE

1.1 The application site is the curtilage of Caaghyr, Bradda East, Port Erin which is a two storey semi detached property with additional accommodation within the roof space. The application site is situated to the northern side of the highway and is set up and back from the road. The dwelling is at a higher level than the road and the front garden slopes steeply up towards the front of the dwelling this is secured by a retaining wall. Adjacent to the garden is a flat roof garage which adjoins an existing shed.

2.0 THE PROPOSAL

2.1 The application seeks approval for the erection of a replacement garage, the garage would measure approximately 3.35 \mathrm{~m} \times 4.88 \mathrm{~m} and would be finished with smooth painted render, and the roof would be pitched and would be finished with slate. 2.2 Also proposed is the lowering of the driveway and the erection of a retaining wall closer to the house with a further retaining wall above. The retaining wall would provide a patio area behind.

3.0 PLANNING HISTORY

3.1 There are no recent previous planning applications for this site.

4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Area Plan for the South 2013. Given the nature of the application it is appropriate to consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).

4.2 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; 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; I) 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.

5.0 CONSULTATIONS

5.1 Highways Division do not oppose but advise that the applicant should contact the Highways Division prior to works commencing. 5.2 Port Erin Commissioners recommend that the application be approved.

6.0 ASSESSMENT

6.1 The application seeks approval for alterations and the erection of a replacement garage. The main issues to consider in the assessment are the impact upon the amenities of the neighbouring properties and the impact upon the character and appearance of the dwelling and the surrounding area in general. 6.2 The existing garage, whilst modest is fairly unattractive and does not contribute to the character and appearance of the property or street scene in general. The proposed garage would be finished with a pitched roof which would be more in keeping with the property and would make a positive contribution to the street scene in general. 6.3 Given the topography of the site the proposed retaining walls would be visible from the street scene but would not significantly add to the visual impact of the property. 6.4 There is a neighbouring property to the rear of the application site, but again because of the topography this property is at a much higher level. Given the difference in levels the proposed terrace would not result in undue overlooking and would not adversely affect the amenities of local residents. 6.5 Whilst the internal dimensions of the garage would not provide a sufficient space for a vehicle, the proposed garage would have similar dimensions to the existing garage, and there are already two off road parking spaces within the site. 6.6 For the above reasons the application is considered to be acceptable and is recommended for approval.

7.0 PARTY STATUS

7.1 The local authority, Port Erin Commissioners is, 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.

7.2 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

Date of 22.07.2013 Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : 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. The development hereby permitted shall not be carried out except in full accordance with the following plans 4394/L1 and 4394/S1 received on 9th May 2013 and 4394/BR1 A received 21st June 2013.

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 : 23.7.13

Determining officer (delete as appropriate)

Signed : 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

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