**Document:** Officer Planning Report **Application:** 10/01261/B — Construction of a covered storage facility and installation of oil tank (Retrospective) DESCRIPTION AMENDED AT APPEAL AS FOLLOWS: (a) Erection of boundary wall and concrete roof, and positioning of oil tank (Approved at appeal) and (b) Erection of wooden fence (Refused at appeal) **Decision:** Permitted **Decision Date:** 2011-01-28 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/44-braddan-fairfield-hotel-7-empress-drive-covered-storage-facility/documents/1238613 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The application site represents the curtilage of Fairfield Hotel, 7 Empress Drive. The application site is located within an area identified as being Mixed Use, in particular Tourism, Residential/Office, in the Douglas Local Plan. The site is within a Conservation Area. To the rear of the site is the public highway of Castle Mona Avenue. To the north west of the application site is No.9 Empress Drive and to the south east is No. 5 Empress Drive. ## The Proposal This application seeks permission to retain a covered storage facility and an oil tank. ### Planning Status Within the adopted Isle of Man Strategic Plan, the following policy is considered to be relevant to the assessment and determination of this application: General Policy 2 and Environment Policy 35, Environment Policy 35 states that "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." ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: 03/01398/B - Installation of uPVC replacement windows to front and rear elevations and roof light granted 10th December 2003 ### Representations Douglas Corporation and the Highways Division of the Department of Infrastructure have not objected to the application. Highways Division of the Department of Infrastructure do not oppose the application The occupiers of Flat 1, 9 Empress Drive have objected on the following grounds: 1) the considerable extra height of the wall between the properties and the balcony that now overlooks their property. The occupiers of Flat 2, 9 Empress Drive have objected on the following grounds: 1) agrees with the objections of raised by the occupiers of Flat 1, 2) concerned about overlooking and 3) concerned about the implication of the development on the value of their property. ### Assessment The key issues in the consideration of this application are 1) the impact on the visual amenity and 2) the impact on the neighbouring property. ### Visual Impact In respect of the visual amenities of the locality, the works have been carried out to the rear of the property and are not visible from Empress Drive. The retention of the works would not adversely affect the character and appearance of the Conservation Area. The rear of the property is visible from the public highway of Castle Mona Avenue; however, this is outside of a Conservation Area. The boundary treatment has been finished to match the main building. The height of the wall fronting onto Castle Mona Avenue is a similar height to the rear boundary walls of the properties of Empress Drive. The oil tank is partially visible from Castle Mona Avenue, because it is setback from the rear wall and seats flush with the main building. It is considered the retention of the works would not adversely affect the visual amenities of the Castle Mona Avenue. ### Impact On Neighbouring Property In respect on No. 9 Empress Drive, the objectors are concerned about a 1.8 m section of the wall, measured from their rear boundary towards their property. This section of wall does not project directly in front of any habitable windows in No. 9 Empress Drive. The true extent of the wall is only really seen from the far end of the yard. It is considered the proposal is not visually intrusive and overbearing enough to warrant a refusal. In respect of the concerns about overlooking, the applicants would find it difficult to get onto the roof of the structure, as the windows which overhang the roof of the structure are top opening casement. The roof of the structure is therefore not readily accessible. The applicant has not indicated that the roof is to be used as a roof terrace. Furthermore, a planning condition could be used to overcome their concern by requiring the roof not to be used as a roof terrace. OTHER MATTERS The notes suggested by consultees are not material planning considerations and for that reason are not attached to the report, as part of the recommendation. RECOMMENDATION It is recommended that planning permission be granted subject to conditions in the attached schedule. PARTY STATUS The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance. The occupiers of Flat 1 and 2 are an adjoining landowner and as such should be afforded party status. Recommendation Recommended Decision: Permitted Date of Recommendation: 01.11.2010 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 permission relates to the retention of a covered storage facility and oil tank as shown in drawing numbers PD-001, PD-002, PD-003, PD-004 and PD-005 date stamped 25th August 2010. C 2. The roof of the covered storage facility shall not be used as a roof terrace at anytime. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : 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/44-braddan-fairfield-hotel-7-empress-drive-covered-storage-facility/documents/1238613*