DEC Officer Report

Application No.: 22/00821/B Applicant: Mrs Lisa Moore Proposal: Creation of new driveway and parking in front garden and to side of dwelling Site Address: 9 Western Avenue Douglas Isle Of Man IM1 4EP Planning Officer: Mr Paul Visigah Photo Taken: 21.09.2022 Site Visit: 21.09.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.11.2022

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.

• C 2. Prior to the development hereby approved being brought into use, the access and parking areas (including visibility) shall be carried out in full accordance with the details shown on Drawing Nos. 2208 - WA - 201-A and 2208 - WA - 200-C, and retained as such thereafter. Reason: in the interest of highway safety.

This application has been recommended for approval for the following reason.

The application accords with General Policy 2, Strategic Policy 3(b), and Transport Policy 6 of the IOM Strategic Plan 2016, and principles of the Residential Design Guidance 2021, as the proposal would not harm the use and enjoyment of the existing property, neighbouring properties, and highway safety.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 07.07.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of No.9 Western Avenue, Douglas, a semi-detached property located along the eastern side of Western Avenue, which ends in a culde-sac. - 1.2 The house is setback from the highway by about 5.30m the edge of the pedestrian footpath by the highway. The front garden is defined by low cement rendered boundary walls separated by the pedestrian entrance to the dwelling which is about 0.7m high. - 1.3 The rear of the property is formed by three garden terraces which rise to about 1.2m wide. This garden area is bounded by a hedge on the south elevation (about 1.4m high). There is no boundary treatment on the garden boundary with 7 Western Avenue to the north. - 1.4 The neighbouring properties along Western Avenue benefit from off road parking leading up to their existing garages or concrete driveway for the parking of vehicles in front or beside the dwellings.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Creation of new driveway and parking in front garden and to side of dwelling. The existing boundary wall to the left of the pedestrian access and the grassed area within that section of the site frontage shall be removed and replaced with block paviors to create an access for the parking of two vehicles to be parked in tandem. - 2.2 The application would maintain around 54.9% (20sqm) of the existing landscaped garden to the front elevation (which measures 36.4sqm), as well as the existing footpath and it is proposed to retain the front boundary wall to the south of the footpath. The existing hedging on the southern boundary of the front garden will also be retained. - 2.3 A drop kerb 3.8m wide would be created in front of the proposed access and parking which would be served by a drainage channel connected to ensure runoff does not flow unto the adjoin highway. - 2.4 The proposal would afford visibilities of 43 x 2.4m on both sides of the new access.

- 3.0 PLANNING POLICY

3.1 The application site is within an area zoned as Predominantly Residential on the Area Plan for the East 2020 (Map 4 - Douglas). The does not lie within a Conservation Area and is not prone to flood risks. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies which are considered to be specifically relevant to the assessment of the current planning application. - 3.3 General Policy 2 states (In part):

• (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;

• (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;

3.4 Environment Policy 42 (In part): New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. - 3.5 Strategic Policy 3 (In part): Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character. - 3.6 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. - 3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5 and Community Policy 10.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 6.3 on Front Gardens and Driveways, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme. Paragraphs 6.3.8 and 6.3.9 are particularly relevant. They state: "6.3.8 It should be acknowledged that car parking in front gardens does not necessarily increase the overall amount of car-parking capacity within an area. The creation of an offstreet space normally requires the provision of a new access, which can result in the loss of at least one on-street parking space. Proposals which do not result in a net benefit are unlikely to be supported.

• 6.3.9 Proposals, which result in more than 50% of the frontage length being given over to hard surfacing, where half of the frontage is removed to provide vehicular access, will not normally be supported, to ensure the character of the street scape is retained, and avoid frontages of properties appearing as one large car parking area, detrimental to the appearance of the street scene and to the outlook of residents."

- 5.0 PLANNING HISTORY

5.1 The site has not been the subject of any previous planning application. However, there has been a number of application for creation of new access and parking within the locality. They include:

• o PA 21/01514/B for Creation of off road parking and vehicular access (Approved).
• o PA 19/00401/B for Alterations to rear garden and creation of off road parking and vehicular access (Approved).
• o PA 04/00497/B for Creation of vehicular hardstanding and access (Approved).
• o PA 03/01245/B for Creation of a vehicle hardstanding and access in front garden (Approved).

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the proposal does not raise significant road safety or network functionality issues. Accordingly, they raise no opposition subject to a condition for the access and driveway layout to meet that depicted on Drawing 200 Rev B. The Applicant is advised of the need for a s109(A) Highway Agreement to drop the kerbs after grant of any planning consent. They also advise the Applicant to consider the installation of an electric vehicle charging point (03 August 2022).

6.2 DOI Highways Drainage has confirmed that the proposal meets their requirements (26 September 2022). - 6.3 Douglas Borough Council has not made any comments on the application although they were consulted on 27 July 2022.

6.3 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this application are:

• i. The impact on the Character and appearance of the area (GP 2, EP 42, ST 3 & RDG 2021);
• ii. The Impact on Highway safety (GP 2 & TP 6); and
• iii. Impacts on Neighbouring amenity (GP 2)

- 7.2 CHARACTER AND APPEARANCE

• 7.2.1 It can sometimes be the case that an excessive amount of hardstanding for vehicular parking can undermine the attractiveness of an area, particularly where properties are in limited sized plots and/or where there is already a preponderance of vehicular parking and hard standing areas.

• 7.2.2 In this case, however, the frontage is moderately sized with generous amount of grass and some planting (most of which would be preserved). The creation of a new area of driveway and parking within the front garden would extend the hardstanding area to the north of the existing pedestrian footpath by 3.8m towards the northern boundary of the existing front garden and stretch further back towards the rear of the dwelling and along the northern elevation by 10m (4.5m from the front elevation of the dwelling to the eastern edge. This additional area of hardstanding would take up part of the existing front garden measuring 18sqm (which would comprise about 47.4% of the existing front garden). These element of the scheme would accord with the guidelines stipulated within the Residential Design Guide as it would be below the 50% of front garden threshold.
• 7.2.3 The above implies that 52.6% (20sqm) of the existing front garden will be retained as grass. As most of the current front lawn would not be altered, the proposed changes are considered to be acceptable and would not adversely affect the character and appearance of the street scene.
• 7.2.4 It is also important to note that a considerable number of the nearby properties already benefit from off road parking leading up to their existing garages, concrete driveways for off road parking of vehicles. It should be noted that a number of these have planning approval while there is no recent planning history for some of these off road parking areas. It is, therefore, considered that the scheme as proposed would be well suited to the Site and fit seamlessly with the existing character and appearance of the street scene.
• 7.2.5 Overall, the proposal would be in keeping with the character of the surrounding area, and the development is therefore considered acceptable and compliant with General policy 2, Environment Policy 42 and Strategic Policy 3 (b), as well as the principles of the RDG 2021.

- 7.3 IMPACTS ON PARKING AND HIGHWAY SAFETY

• 7.3.1 In terms of impacts on parking and highway safety, it is considered that the proposed development would provide for two off-street parking spaces within the site, it addition to retaining the existing pedestrian access within the site. Whilst it is noted that an on street parking space in front of the property would be lost, the scheme would result in net increase of parking provision by an additional parking space which would be in the interest of highway safety as it would ensure an additional vehicle is taken of the street.
• 7.3.2 The provided visibility together with other elements of the scheme have also been assessed by DOI highways Officers who consider them acceptable and note that there would be no highway safety or functionality issues resulting from the scheme. Accordingly, the applicant has been advised by DOI Highways that the alteration to the highway in the form of dropping kerbs (extension), will require a Section 109(A) Highway Agreement to be made post planning consent.
• 7.3.3 Based on the foregoing, it is considered that the parking and highway safety elements of the scheme comply with the requirements of General Policy 2 (h & i) and Transport Policy 6 of the Strategic Plan.
• 7.4 IMPACTS ON NEIGHBOURING AMENITY

• 7.4.1 The proposal will introduce new concerns for neighbouring properties positioned directly adjacent the proposed parking area in terms of flashes form car headlights particularly at night when cars park in reverse gear. The revised scheme will reduce the impact on those in adjacent property with car headlights lower than the new wall and not directed towards the neighbouring property. Albeit, the fact that this impact would only be for a short period of time diminishes any impacts that may result.
• 7.4.2 Additionally, the new parking area is inclined towards the highway to the front of the property; a condition that would further diminish any impacts from headlights at night given that the headlamps would be inclined towards the highway and not the windows of the neighbouring property.
• 7.4.3 It is, therefore, considered that any impacts that result would not be sufficient to warrant refusal of the scheme.

- 8.0 CONCLUSION

8.1 It is concluded that the planning application complies with General Policy 2 (b, c, g & h), Environment Policy 42, Strategic Policy 3 (b) of the Strategic Plan and the principles advocated by the Residential Design Guide 2021. The application is, therefore, recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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.

9.2 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 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.

Decision Made : Permitted Date: 14.11.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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