**Document:** Officer Planning Report
**Application:** 05/01520/B — Retention of parking space (removal of condition requiring reinstatement when circumstances change for off road parking approved under 04/01752B)
**Decision:** Refused
**Decision Date:** 2005-10-20
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/79169-braddan-35-cronk/documents/1212239

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations The Department of Transport – Highways Division, have objected to the proposal as “The new driveway does not offer adequate visibility onto the road because the property is located on the inside of a bend” and “The new driveway is opposite to a turning facility / possible future road junction”. Braddan Parish Commissioners also object to the application, on the grounds that the development would have a detrimental visual impact on the street scene, be detrimental to neighbours, and increase the risk of vehicles being parked on the hard standing for considerable periods of time. There are no objections from any of the surrounding neighbours in the area. ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Policy

### Officer’s Report

The application is for the retention of a parking space (removal of condition requiring reinstatement when circumstanced change for off road parking approved under 04/01752/B) at 35 Cronk Grianagh Estate, Braddan, which is part of a row of 3 properties (mid terrace) in a residential area.

The existing driveway is to the rear / side of the site, however a new driveway was given Planning Permission (04/1752/B) to the front garden, due to the applicant being disabled (following a traffic accident where he lost his foot, which was subsequently sewn back on) and wished to have a wider space for his entry/exit. However a condition (3) was included which stated:-

"This approval has been granted on the basis of the personal circumstances of the applicant, Mr. A. Fenton. If the dwelling is sold, occupied by someone other than the applicant or the applicant's circumstances no longer necessitate the use of a space immediately adjacent to the front door, the parking space must be removed and the garden returned to a grassed area within three months of these circumstances occurring".

It would seem that the applicant's circumstances have changed and the use of a space immediately adjacent to the front door is no longer required for disability reasons.

The Department of Transport / Highways Division, have objected to the proposal as "The new driveway does not offer adequate visibility onto the road because the property is located on the inside of a bend" and "The new driveway is opposite to a turning facility / possible future road junction".

Braddan Parish Commissioners also object to the application, on the grounds that the development would have a detrimental visual impact on the street scene, be detrimental to neighbours, and increase the risk of vehicles being parked on the hard standing for considerable periods of time.

There are no objections from any of the surrounding neighbours in the area.

My concern with the application are with what the Highways Division have stated and the possible road safety issues which will be heightened if the driveway where to be retained. I do not believe that if the driveway were to be retained it would cause a detrimental visual impact on the street scene or detrimental to the neighbours as almost every other property in the estate will have parking provisions in the same position as the applicants.

However 35 Cronk Grianagh Estate original parking provision at the rear / side is there because of the site of the property being located on the inside bend of the road and the possible safety issues if a driveway would have been installed to the front of the dwelling. The original Planning Permission was only given due to the applicant disability, and since there is a change of circumstances of the applicant the driveway must be removed and the garden returned to a grassed area within three months of the circumstances occurring, as the driveway in this location is unacceptable due to road safety issues. My recommendation is therefore a refusal.

### Recommendation

Recommended Decision: Refused

Date of Recommendation: 21.09.2005

### 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

R 1.

The application has been refused on the grounds that the original Planning Permission was only given due to the applicant disability, and since there is a change of circumstances of the applicant the driveway must be removed and the garden returned to a grassed area within three months of the circumstances occurring, as the driveway in this location is unacceptable due to road safety issues.

Decision Made: Refuse Committee Meeting Date: 29/09/05

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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/79169-braddan-35-cronk/documents/1212239*
