DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01202/B Applicant: Mr Heider Soterio & Miss Adele Phillips Proposal: Landscaping and installation of fencing and walls Site Address: Sunny Glen Lower Rencell Hill Laxey Isle Of Man IM4 7BH Planning Officer: Mrs Vanessa Porter Photo Taken: 03.11.2021 Site Visit: 03.11.2021 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.02.2022 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal complies with Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 5th October 2021:

• o Drawing No. S/913/1
• o Drawing No. S/913/2
• o Drawing No. S/913/4 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION SITE

1.1 The application site is within the residential curtilage of "Sunny Glen," Lower Rencell Hill, Laxey which is situated East of Lower Rencell Hill. The property sits between the Queens Hotel and an MER industrial shed. - 1.2 The site slopes steeply to the North East towards the MER track. - 1.3 The site is currently going through renovation and extension works approved under PA19/00362/B. PROPOSAL

2.1 The application proposes alterations to the rear of the property, to include landscaping, fencing and walling. PLANNING HISTORY - 3.1 There is one previous application which is relevant to the application PA19/00362/B which was for "Alterations, demolition of existing extensions and erection of replacement extensions to side and rear elevations (in association with 19/00363/CON)." PLANNING POLICY - 4.1 The site is zoned as an area of "Mixed Use" on the Area Plan for the East, Map 7, Laxey. The site is within a Conservation Area and also a Surface Water - Low/ Medium Likelihood Flood Risk Zone.

4.2 Given the nature of the proposal Environment Policy 35 which seeks to protect the character and appearance of the Conservation Area, is the most relevant followed by General Policy 2 is most relevant in the assessment which sets out the general standards towards acceptable development along with the recently released Residential Design Guidance 2021. Transport Policy 3 is also relevant which seeks to protect the existing and former rail routes. REPRESENTATIONS - 5.1 The following representations can be seen online in full;

5.2 Highway Services have considered the application and state, "No Highways Interest." (12.01.22)

5.3 No comments have been received from Garff Commissioners at the time of writing this report. ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - character and appearance (GP2, b,c)
• - impact on neighing amenity (GP2, g)
• - impact on railway line (TP3)

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.

• 6.2.2 The proposed works will partially be in a public viewpoint due to the proposed works to the driveway and due to the topography of the site, whilst this is the case, the works are minimal in impact when taking in the context of the works being done to the main property and as such they will have a minimal impact on the Conservation Area and streetscene as a whole.

- 6.3 NEIGHBOURING AMENITY

6.3.1 The closest neighbour to the site is "The Queens Hotel" who will not be impacted by the proposed works.

- 6.4 IMPACT ON RAILWAY LINE

• 6.4.1 The proposed works are situated directly next to the Manx Electric Railway which serves the Douglas to Laxey railway line. The main part of the proposal that will be seen from the railway line is the fencing which is going to be erected. The area surrounding the property is rather industrial with a large metal car shed which serves the MER being situated directly behind the rear garden. As such whilst the proposed fencing is high it will not detract from the MER line and complies with Transport Policy 3. CONCLUSION

7.1 The application accords with Environment Policy 35 and General Policy 2 of the IOM Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management 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 Decision Made : Permitted Date : 04.02.2022 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

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