**Document:** Officer Planning Report **Application:** 11/00827/B — Erection of garden walling and inclusion of gates within existing vehicular access **Decision:** Refused **Decision Date:** 2011-07-29 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1173-braddan-49-sea-cliff-road-wall/documents/1250585 --- # 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] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling located on Sea Cliff Road in Onchan. The proposed development comprises the erection of garden walling and inclusion of gates with existing vehicular access. PLANNING HISTORY The application site has been the subject of a number of previous planning applications, two of which could have been considered specifically material to the assessment of this current planning application had they not both been withdrawn: Planning application 09/013836/B sought planning approval for the erection of perimeter walling, railing and gates. This previous planning application was withdrawn by the applicant on the 1st February 2010 before any decision was made. Planning application 10/01868/B sought planning approval for the erection of garden walling and inclusion of gates within existing vehicular access. Following to comply with a request for additional information this previous planning application was deemed withdrawn on the 9th March 2011. ### Representations Onchan District Commissioners recommend that the planning application be approved. Highways and Traffic Division and The Isle of Man Water and Sewerage Authority indicate that they do not oppose the application. The owner of 45, Seacliffe Road objects to the application on the basis that the introduction of walling will be out of keeping with the area which is open plan, the use of brickwork and wrought iron would be unsympathetic to the buildings in the area which are generally pebble-dashed. He also expresses concern that the drawings do not show the walling in context with the building The owners of 33, King Edward Bay object to the application on the basis that there are no walls or fences within this area and they wonder if there is something in the deeds which prevents such structures. ### Planning Policy In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. Policy O/RES/P/21 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states: "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." ### Assessment The planning application seeks approval for erection of garden walling and inclusion of gates with existing vehicular access. Whilst the proposed walling and fencing is domestic in form and appearance the frontage of properties along Sea Cliff Road is predominantly open plan, with no significant walling or fencing. Although it is possible that some walling and/or fencing along the boundary to the side of the dwelling could be constructed without unacceptable harm it is concluded that the development proposed by this planning application would introduce a significant form of boundary enclosure that is considered to constitute an intrusive and incongruous within the street scene. As such, the proposal is concluded to be unacceptably contrary to the provisions of policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007. It is recommended that the planning application be refused. ### Party Status The local authority, Onchan District Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The Department of Transport Highways and Traffic 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. 45, Sea Cliff Road and 33 King Edward Bay are not immediately alongside the property and the owners of these dwellings would not be directly affected by the proposal. As such they should not be afforded party status in this case. ### Recommendation Recommended Decision: Refused Date of Recommendation: 25.07.2011 ### 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 R 1. The proposed development constitutes an intrusive and incongruous feature within the street scene where the frontages are general open plan in appearance, with only modest boundary treatment if any. As such, the proposal is concluded to be unacceptably contrary to the provisions of policy O/RES/P/21 of Planning Circular 1/2000 and General Policy 2 of the Isle of Man Strategic Plan 2007. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made : Refused Date : 26/7/11 Signed : Michael Gallagher Director of Planning and Building Control Delete as appropriate Signed: Jennifer Chance Development Control Manager --- *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/1173-braddan-49-sea-cliff-road-wall/documents/1250585*