DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01440/B Applicant: Mr Gary Lamb Proposal: Modification of existing vehicle access Site Address: Old House - Reef House College Green Castletown IM9 1BE Planning Officer: Mr Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.04.2023

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. The access and visibility splays shall be completed in accordance with Drawing No: Drawing No. 1868.02 P-04 Rev B, received 14 February 2023, and thereafter retained as such. Reason: In the interests of highway safety.

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

The proposal is considered to accord with General Policy 2, Strategic Policy 3 and Community Policy 10 of the IOMSP. No unacceptably adverse impact has been identified as likely with respect of the appearance of the site and surrounding area, the residential amenity of the neighbours, and highway safety.

Plans/Drawings/Information;

This decision relates to the documents and plans date stamped and received 28 Nov 2022, Drawing No. 1868.02 P-04 Rev B received 14 February 2023, Correspondence received 13 January 2023, and Email received 13 April 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

• 15 Douglas Street, Castletown;
• 16 Douglas Street, Castletown;
• 17 Douglas Street, Castletown;
• 18 Douglas Street, Castletown;
• 19 Douglas Street, Castletown;
• 20 Douglas Street, Castletown;

as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE ARE MORE THAN 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC

1.0 THE SITE - 1.1 The application site is the residential curtilage of Old House - Reef House, which is a large detached dwelling within large grounds situated on the southern side of College Green, Castletown. This detached dwelling sits noticeably at the junction between Bowling Green Road and College Green, with its vehicular entrance accessed via Douglas Street, Castletown. - 1.2 A Manx stone wall about 1.8m high when viewed from the adjoining walkway runs along the entire stretch of the site boundary opening up at the existing vehicular entrance which measures about 2.7m wide, pedestrian access gates and an existing garage/workshop on site. There is a pier situated on each side of the vehicular access to the site.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for modification of existing vehicle access. The proposed works would increase the access from 2.6m to 4m. The wall which joins the piers by the gate (about 15m long) and the piers would be repositioned to create a wider connection with the road, creating a new 7m wide drop kerb. A New marine grade powder coated galvanised steel double gates would be installed at the entrance, while two new stone pier 'turret' gateposts to replicate existing would be erected to replace the existing. New Natural stone walls and render capping to match existing would be erected to close up the demolished sections of the wall to enable the new entrance. - 2.2 Other works proposed include:

• a. New tarmacadam footpath crossing, gently sloped to provide level access (no kerb).
• b. Creating a new linear drainage channel across access to drain water runoff into site.

2.3 No trees on site would be impacted by the development.

2.4 The applicants have provided a Planning Statement which sets out the goals of the proposal and details how the scheme would enable improved visibility from the access. This statement also states that the access would be finished in consolidated and bound material for - 5m from the back edge of the footway, with any gates to open inwards.

- 3.0 PLANNING POLICY

3.1 The site lies within an area zoned as Residential on the Area Plan for the South, and the site lies outside Castletown's Conservation Area. The site is not within a registered tree area and there are no registered trees on site. The site is also not prone to flood risks, although its entire southern boundary adjoins an area of High Tidal Flood Risk Zone. As such, the following planning policies from the Isle of Man Strategic Plan 2016 are considered relevant; - 3.2 General Policy 2 (GP2) (in part) 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:

• (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;

3.3 Strategic Policy 3: 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. - 3.4 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.

3.5 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. - 3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are;

• 3.6.1 Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.
• 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) 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. Section 6.3 of the guidance relates specifically to driveways and front gardens.

4.2 The Manual for Manx Roads sets out the minimum requirements for vehicular visibility splays from driveways. The guide for achieving the required visibility splays are clearly illustrated in Section B.3 of the Manual. Paragraphs 5.2.37 and 5.2.38 of the manual relates specifically to visibility along the street edge from driveways, while paragraphs 5.2.39 and - 5.2.40 refer to obstacles to Visibility.

5.0 PLANNING HISTORY 5.1 There is no previous application for the site considered materially relevant to this application. - 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 proposal does not raise significant road safety or highway network functionality issues, and as such they raise no objection subject to all access arrangements, including visibility splays, according to Drawing No. P-04 rev B (15 December 2022).

• 6.1.2 Following review of amended plans submitted by the applicants, they have stated that they welcome the addition of an electric vehicle charging point and advise that the suitability of the drainage channel to the rear of the driveway should be checked and accepted by Highway Drainage. They state that they have no further comments to add to those made on 15/12/22 (17 February 2023).

6.2 The Department of Infrastructure (DOI) Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They note that the applicant has provided no drainage details showing compliance with the above clauses (27 January 2023).

• 6.2.1 In response, the applicants have stated that a linear drainage channel across the entrance to the highway has been provided in their revised Plan Drawing No. 1868.02 P-04 Rev B in correspondence dated 13 April 2023).

6.3 DOI Flood Risk Management and Manx Utilities Authority Drainage were both consulted on the application on 1 December 2022 and 16 February 2023. However, they have not made any comments as at the time of drafting this report. - 6.4 Castletown Commissioners have stated that they have no objection to the application in a letter dated 7 February 2023. - 6.5 The owners/occupiers of the following properties have made written representations on the application:

• o 15 Douglas Street, Castletown;
• o 16 Douglas Street, Castletown;
• o 17 Douglas Street, Castletown;
• o 18 Douglas Street, Castletown;
• o 19 Douglas Street, Castletown;
• o 20 Douglas Street, Castletown;

• 6.5.1 They object to the application on the following grounds:

• o Impact of garage on character of the area and impact on private views;
• o Impact of sun room and castellated wall extension which is not part of the current application on residential amenity;
• o Loss of garaging to residential accommodation via conversion;

• o Potential for storm damage to the proposed garage;
• o Impact on property values;
• o Health and safety concerns if roof of garage is blown off;
• o Error in submitted information by applicant regarding flooding of site;
• o Display of application notice;
• o The garage would be in an area prone to floods;
• o Impact on outlook from property;
• o The development does not improve sight lines;
• o Loss of green space.

- 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this planning application are:

• a. The visual impact on the character and appearance of the site and wider street scene; and
• b. The impact on the adjacent highway.

7.2 Design and Appearance (GP 2, and SP 3b)

• 7.2.1 As referenced earlier in this report, General Policy 2 of the Strategic Plan requires that development respects the site and surroundings in terms of the siting, layout, scale, form, design etc. The frontage of property as existing is largely characterised by the Manx stonewall which runs along the entire site frontage, with break only created by the gated access. What is proposed here would involve the removal of a section of front wall on both sides, as well as the two pier 'turret' gateposts on either side of the entrance.

• 7.2.2 In assessing the visual impact of the proposal, it is considered that the scheme would replicate the altered stone wall and gate piers in terms of material and finish; thus preserving the character and appearance of this part of the property. It is also considered that given the prominence of Manx stone or rendered boundary treatments which dominate the street scene, the proposed development which retains he Manx stone finish of the walls, as well as the piers would be in keeping with the character of the area. Accordingly, it is considered that this element of the proposal would be an appropriate form of development not resulting in an adverse visual impact upon the site and street scene.

7.3 Impact on Highway (GP 2 h&i, & CP 10)

• 7.3.1 In terms of impacts on highway safety, it is considered that the existing access is narrow and likely to make manoeuvring into and out of the driveway difficult especially for larger modern day vehicles. The widening to 4m and the additional works to reposition the pillars and boundary walls is likely to improve access and manoeuvrability into and out of the access, as these will enable the creation of visibility splays of 2.4m x 29m on both sides of the site access; a condition that is a significant improvement over the existing access. The new access layout is also not considered t create safety concerns for pedestrians using the adjoining footway.
• 7.3.2 It is also important to note that DOI Highways considers that the proposal does not raise significant road safety or highway network functionality issues, subject to the inclusion of conditions for the access and visibility splays to accord with the submitted drawings and for these to be retained for the lifetime of the development.
• 7.3.3 Moreover, the new access would facilitate access and egress for fire vehicles if required thus complying with the requirements of Community Policy 10.
• 7.3.4 Based on the foregoing, it is considered that the development would not result in adverse highway safety impacts and would meet the requirements of General Policy 2 (h & i), and Community Policy 10.

7.4 Other Matters

• 7.4.1 The matters related to property values, protection of private views, and health and safety concerns, bear no weight as material planning considerations and as such cannot be considered in the assessment of this planning application. These issues would be better addressed via the appropriate channels outside the remit of planning.
• 7.4.2 With respect to references made regarding garage elements within this scheme, no garage is included within the revised scheme. As such, any reference to the garage or potential impacts within representations is irrelevant in this case.
• 7.4.3 The reference to flooding is also not a concern as the site lies outwith a flood prone area as detailed on the Isle of Man Indicative Flood Maps which guides the Flood Risk Management Team on matters related to flooding.

- 8.0 CONCLUSION

8.1 In summary, the proposal is considered to accord with General Policy 2, Strategic Policy 3 and Community Policy 10 of the IOMSP, the Residential Design Guide, and the Manual for Manx Roads. No adverse impact has been identified as likely with respect of the appearance of the site and surrounding area and highway safety. - 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…22.05.2023

Signed :………P VISIGAH……….. Presenting Officer

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