**Document:** DEC Officers Report
**Application:** 14/00293/B — Replacement of existing garage door with window and replacement front boundary wall
**Decision:** Permitted
**Decision Date:** 2014-05-06
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/34558-german-38-derby-replacement-garage/documents/1089053

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# DEC Officers Report

### Officer's Report

[Table omitted in markdown export]

#### 1.0 The Application Site

1.1 The application site is the curtilage of No. 38 Derby Road, a single storey semi-detached property located on the southern side of Derby Road in Peel.

1.2 The existing dwelling is finished in a brown pea dash render and has a pitched roof which is finished with concrete tiles. The dwelling has low rise wall with low level hedging front boundary.

1.3 Immediately adjacent to the application site is Shoprite and Ivydene neighbours the property the western elevation.

#### 2.0 The Proposal

2.1 This current planning application seeks approval for the replacement of the existing garage door with a new single UPVC framed window and the erection of a replacement front boundary wall.

2.2 The remaining aperture from the replacement of the garage door with a new window would be blocked up and finished with a brown pea dash render to match the main dwellinghouse.

2.2 The new boundary wall would be constructed with multi rustic facing brick and would measure no more than 1.3 metres high.

#### 3.0 Planning History

3.1 The application site has been the subject of four previous planning applications which were all granted planning permission and have been listed below:

PA 14/00196/B: Replacement of existing conservatory roof with light weight roof tiles. PA 10/01167/B: Alterations and creation of a dormer window to dwelling. PA 06/00874/B: Demolition of existing and erection of a replacement garage.

PA 98/00286/B: Erection of conservatory to rear of dwelling.

3.2 Planning approval is currently being sought for the erection of a garage in the rear garden (PA 14/00393).

### 4.0 Planning Policy

4.1 In terms of local plan policy, the application site lies within an area zoned as Predominantly Residential under the Peel Local Plan 1989.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered relevant to the assessment of this current planning application:

"General Policy 2: 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."

### 5.0 Representations

5.1 Peel Town Commissioners have no objection to the current planning application.

5.2 The Department of Infrastructure Highways Division have no objection to the current planning application.

### 6.0 Assessment

6.1 Given the level and nature of development proposed, there are three key issues to consider in the assessment of this current planning application. Firstly, it is essential to consider the impact of the proposal on the existing form and character of the existing dwelling. Secondly, the impact of the proposal on the street scene of Derby Road should be assessed and thirdly, the impact of the proposal on parking and highway safety.

### 6.2 Existing Dwelling

6.2.1 The loss of the garage door and installation of the window proposed is not judged to have a harmful impact on the existing appearance or character of the application site dwelling.

6.2.2 The new front boundary wall is deemed to respect the main dwellinghouse in terms of the scale, form, design and the landscaping of buildings and the spaces around and is not considered to be detrimental to No. 38 Derby Road.

### 6.3 Street Scene Of Derby Road

6.3.1 The proposed window in replace of the existing garage door is considered to be a fairly modest form of development. The proposed window would replicate the opening method and style, albeit smaller, of the existing windows on the dwelling and is therefore deemed acceptable and unobjectionable.

6.3.2 The proposed new boundary wall would provide a substantial boundary to what is currently in situ. The use of the brick in its construction is considered acceptable and is not judged to deter from the locality given the mix of boundary treatments within the locality.

6.2.3 As mentioned above, there is within the locality a mix of boundary treatments. What is proposed under this scheme is not considered to appear out of keeping or incongruous within the street scene of Derby Road.

### 6.3 Parking And Highway Safety

6.3.1 The existing garage door serves a garden store and a bathroom/wet room; however evidence would suggest that this was once a garage. Under this scheme, the room will become a dressing room and wet room.

6.3.2 There is a driveway to the eastern side of the dwelling that has a width of 6.2 metres and length of just less than 12 metres. Therefore, there is adequate parking available within the curtilage of the site and the loss of what would have originally been in a garage is not considered to impact upon highway safety as two parking spaces still remain within the curtilage of No. 38 Derby Road and there is adequate visibility from the vehicular access.

### 7.0 Recommendation

7.1 Overall, it is concluded that the planning application accords with General Policy 2 of the Isle of Man Strategic Plan 2007 and is therefore recommended for approval.

### 8.0 Party Status

8.1 The local authority, Peel Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) (No. 2) Order 2013, paragraph 6 (4)(e), considered "interested persons" and as such should be afforded party status.

8.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No. 2) Order 2013 paragraph 6 (4)(d).

### Recommendation

Recommended Decision: Permitted

## Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

### 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Drawing No. 4428/LP, 4428/SP, 4428/EX1 and 4428/SK1 date stamped as recieved 11th March 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made: Permitted Date: 4/5/14

### Determining officer (delete as appropriate)

Signed: _________________________
Chris Balmer

Senior Planning Officer Signed: Michael Gallagher Director of Planning and Building Control

Signed: Sarah Corlett Senior Planning Officer Signed: Jennifer Chance Head of Development Management

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/34558-german-38-derby-replacement-garage/documents/1089053*
