Officer Planning Report Recommendation

Application No.: 09/00813/B Applicant: Ms Andrea Gray Proposal: Erection of fencing to enclose front garden of dwelling Site Address: Captains Hill Laxey Isle Of Man IM4 7AY ### Considerations Case Officer : Mr Gary Barr Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose 16.07.09 -objection, height of the fence will interfere with the visibility of vehicles leaving this property. Height should be no higher than 1.05 metres. Consultee : Laxey Commissioners Notes: approved.

Officer's Report

The Site

The application site comprises the residential curtilage of 2 Captains Hill. This two storey semidetached dwelling is located opposite Cooil Roi Elderly Persons Complex in Laxey.

The Proposal

The planning application seeks approval for the erection of a picket fence to enclose the front garden which would be no higher than 1.22 m .

Planning Status

In terms of local plan policy, the application site is located within an area designated as being "Residential" under the Laxey and Lonan Local Plan, 2005. There is one policy within the Laxey and Lonan Area Plans written statement which is considered specifically material to the assessment of this current planning application - Policy L/CRB/PR/4 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or

enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a policy which is considered specifically material to the assessment of this current planning application - 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." PLANNING HISTORY The following previous planning applications should be considered relevant in the assessment and determination of this application: PA 97/00314/B - Erection of garden shed - Refused on Review PA 97/00464/B - Erection of boundary fencing - Refused PA 98/02022/B - Erection of fencing and gate to front of property - Permitted REPRESENTATIONS Laxey Village Commissioners have approved the planning application.

The Department of Transport Highways Division have objected to the application as the height of the fence will interfere with the visibility of vehicles leaving this property and the height should be no higher than 1.05m (16th July, 2009).

ASSESSMENT / RECOMMENDATION

The proposed fence would be similar in style and scale to many seen throughout the Island, it would enclose the garden and would be in-keeping with the locality, which would ensure that the special features contributing to the character of the Conservation Area are preserved.

15 September 2009

09/00813/B

Due to the objection from the Highways Division regarding the height of the fence, it can be confirmed that after a discussion with the applicant it would be conditioned that the proposed fence would not be any higher than 1.05 m , as not to interfere with the visibility of vehicles exiting the application site.

As such, it is judged that the proposed development would comply with the relevant polices and for these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Laxey Village Commissioners The Department of Transport Highways Division

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 15.09.2009

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> O : 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 submitted Location Plan, Example of Proposed Fence and Photographs of the existing property all received on 8th May, sketched drawing over photograph (identifying located of fence) received on the 9th September, 2009 and e-mail from the applicant confirming that the fence would enclose the garden.

C 3. The development hereby permitted shall not exceed 1.05 m in height.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 22 September 2009.

Signed : ______________________________ Senior Planning Officer