14 February 2022 · Delegated - Principal Planner (Jason Singleton)
14, Aspen Drive, Ballawattleworth Estate, Peel, Isle Of Man, IM5 1wt
The proposal involves the retrospective erection of a timber fence along the front boundary of No. 14 Aspen Drive, a detached two-storey house in a modern cul-de-sac estate on the edge of Peel, running in line with the rear fence of the neighbouring property No. 12.
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The officer assessed the proposal against material planning considerations of character/appearance and highway safety, dismissing the neighbour's objection about deeds as non-material and a civil matt…
General Policy 2
Requires assessment of visual amenity (b), neighbouring amenity (c), character (g), highway safety (h), and design/scale (i). The officer found the fence acceptable due to its siting along existing fence line, timber materials mimicking neighbours, height, and planting, with no adverse highway impact in low-traffic cul-de-sac.
Time limit
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.
Planting scheme
The planting hereby approved shall be carried out in full accordance with the approved details as shown on drawing ref: '1:100@A4' date received 25/10/2021. The planting shall be carried out in the first available planting season and retained thereafter. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a similar species and retained thereafter. Reason: To ensure the provision of an appropriate landscape setting to the development.
No Highway Interest
DOI Highways has no highways interest in the retrospective fence erection. A neighbour objects due to deed restrictions and lack of prior consent.
Key concern: deed restrictions prohibiting front garden fences
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 19.7.21; Highways Development Control notes the additional documents uploaded on 25 October 2021 and continues to apply no highways interest in this proposal.
Cath Dudley (on behalf of 16 Oak Road resident)
Objectionyou are not allowed to put up a fence on the front of the house as it states in my deeds that I cannot do it so why should they; the fence has already been erected without out planning consent
