**Document:** Officer Planning Report Recommendation **Application:** 11/00228/B — Erection of replacement fencing (retrospective) **Decision:** Permitted **Decision Date:** 2011-04-01 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/580-lonan-1-rosedene-cottages-glen-road-fence-replacement-retrospective/documents/1161972 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The application site represents the curtilage of an existing residential dwelling, 1 Rosedene Cottages, Glen Road, Laxey. The dwelling itself is a bungalow and the site is located on the northern side of Glen Road, near to the junction with Minorca Hill. #### The Proposal Proposed is the retrospective erection of fencing to the front garden. The fencing has been erected along the boundary to Glen Road and a small portion is along the boundary with the adjacent property to the east, Thie-ny-Keylley. The fencing consists of 880mm high vertical wooden boards, which are positioned on top of the 800mm high rendered boundary wall. The application form states that the proposed fencing replaced the original fencing which was there when the applicant moved in 20 years ago. ## Planning History The following previous planning applications for the application site are considered to be relevant in the assessment and determination of this application; 88/01190/B – Permitted Alterations and extensions to 1 & 2 Rosedene Cottages, Glen Road, Laxey. 92/01420/B – Permitted Extensions to provide bathroom and conservatory, 1 Rosedene Cottages, Glen Road, Laxey. 02/01939/B – Permitted Erection of conservatory to side of dwelling. In addition to the above, the following planning applications for fencing to neighbouring dwellings are considered to be relevant; Lewins Cottage, Glen Road, Laxey. 01/00084/B - Permitted Erection of boundary fence Condition 3 The new fencing must, on the road side, be painted or stained dark green or dark brown within two weeks of the erection of the fencing. 9 Glen Road Terrace, Laxey 11/00046/B – Appeal in Progress Erection of fencing (Retrospective) 8 Glen Road Terrace, Laxey 11/00094/B – Appeal in Progress Erection of fencing to front garden (Retrospective) ## Development Plan Policies The application site is located within an area designated as Predominantly Residential Use in the Laxey and Lonan Area Plan Order 2005, Map No. 1. The site is located within the Laxey Conservation Area. The relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2 and Environment Policy 35. Environment Policy 35 states; Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. The relevant planning policies from the Laxey and Lonan Area Plan Order 2005 are L/RES/PR/1 and L/CRB/PR/4. Policy L/RES/PR/1 states; Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general. L/CRB/PR/4 states; Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)). ### Consultations Laxey Village Commissioners recommend refusal of this application. They state that the height of the fence is un-neighbourly and out of character with the adjoining properties. The height is above that allowed under Permitted Development. The height and appearance of the fence has an adverse impact on the visual amenity of the area. The Department of Infrastructure Highways Division do not object to this application, as there are no traffic management, parking or road safety implications. ### Representations No written responses have been received from the general public. ### Assessment This application is for the retrospective erection of wooden fencing to the front and part of the eastern side boundary of 1 Rosedene Cottages, Glen Road, Laxey. The fact that the proposal is retrospective should neither advantage nor disadvantage the assessment of the planning application. The main issues to consider in the assessment of this application are the impact of the fencing on the neighbouring properties and on the character of the Conservation Area. From visiting the site, it was noticed that a neighbouring property on the other side of Glen Road has fencing to the front boundary (Lewins Cottage, this fencing was approved under 01/00084/B). The fencing to Lewins Cottage has a similar height and appearance to that now proposed in this current application, as it consists of vertical timber boards over a solid wall. The fencing and wall to Lewins Cottage were approved as being 6 foot high overall (approximately 1.8 metres). The fencing and wall now proposed to 1 Rosedene Cottages would be 1.68 metres tall. There are also some retrospective fences to nearby properties, 8 and 9 Glen Road Terrace, which are currently pending decisions at Appeal after initial approval. These fences are to the side boundaries of the front gardens and consist of vertical timber boards. In terms of this current proposal, the applicant states on the application form that the fencing replaces the original fencing which already existed when they moved in 20 years ago, although no further information has been provided about the previous fencing. From visiting the site, it was noticed that there is a different style of fencing of a similar height along the eastern boundary with the adjacent property, but it is not known if this was the original. Looking into the planning history of the site, a plan submitted with PA 92/01420/B marked a 2.2 metre high fence and wall on the eastern side boundary of the dwelling and a fence/wall was marked on the front boundary, although it is not clear what the height was on the front. Further to this, in PA 02/01939/B, a statement from the agent confirmed that at that time the dwelling could not be viewed from the public thoroughfare. "This is due to the dwarf wall, plus the timber fencing and the solid wooden entrance gates which front on to Glen Road." It is therefore considered that the fencing proposed in this current application is a replacement to similar fencing which was there previously. In terms of the impact of the fencing on neighbouring properties, it is considered that the proposed fencing would not block light to or outlook from any other properties. The fencing screens the gardens of the application site and the adjacent dwelling to the east (Thie-ny-Keylley) from one another. In terms of the impact on the Conservation Area, the fencing would be taller than what would normally be expected to be seen on a residential dwelling. However, the proposal would replace a long established fence (see planning history for evidence of this) with another of a similar height and impact. There is also an existing fence with a similar appearance along the Glen Road boundary of a nearby dwelling on the opposite side of the road (Lewins Cottage). For these reasons, it is considered that the proposal would have a neutral impact on the character and appearance of the Conservation Area. ### Recommendation For the above reasons, this proposal is considered to be acceptable and is recommended for approval. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 29.03.2011 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. This approval relates to the erection of replacement fencing (retrospective), as shown in the 1:2500 Location Plan, the 1:500 Site Plan, the 1:250 Site Plan and 4 A4 photographs of the proposed fencing. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made:** Permitted **Date:** 3/3/11 **Signed:** _________________________ Senior Planning Officer --- *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/580-lonan-1-rosedene-cottages-glen-road-fence-replacement-retrospective/documents/1161972*