**Document:** Planning Officer Report Recommendations **Application:** 12/01314/B — Creation of customer car park (Retrospective) **Decision:** Permitted **Decision Date:** 2013-01-15 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3620-braddan-land-to-rear/documents/1283228 --- # Planning Officer Report Recommendations Case Officer: Miss S E Corlett Photo Taken: Site Visit: 17.10.2012 Expected Decision Level: Planning Committee ### Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND THE PROVISIONS OF THE LOCAL PLAN IN RESPECT OF THIS STIE ### The Site 1. The site is the curtilage of Haydn Minay's Garage which fronts onto Church Road, to the west of St. Peter's Church (which is registered, RB 119), and opposite Welch House, which is a Registered Building (RB122) and Molly Carrooin's/Caroon's Cottage which is listed in the Onchan Local plan as worthy of consideration for Registration. The site accommodates a commercial workshop for car repairs which includes a facility for the collection of damaged vehicles. There is a large building which has a footprint of 17.5m by 14m which sits immediately alongside a lane which separates the site from 7, Church Road, a semi-detached cottage which sits closer to the road than the garage. The lane leads to The Rowans, a detached dwelling which sits between Church Road and Royal Avenue. 2. The application site extends between 28m and 19m to the rear of the building. This ground is described as presently overgrown although this application is retrospective and the hard surfacing works have already been undertaken. Photographs of the site prior to the hard surfacing works show that the area was used for the storage of various items (cement mixer, netting, pipes, planks etc. 3. To the south east of the site is a terrace of three properties which back onto the rear of the site - number 17, 19 and 21, Church Road. There is around 5.5m between the rear of these dwellings and the application site. The properties are separated from the newly tarmacadam area by a fence and there are two small trees, the overgrown stump of a former tree on the application side of the land. The application site is slightly higher than the rear yard areas of the dwellings. ### The Proposal 4. Proposed is the regularisation of the works which have been undertaken which provide a hard surface at the rear of the site, including the area immediately to the rear of 17, 19 and 21, Church Road. The hard surfacing is consolidated hardcore. The drawing indicates that the part of the site immediately behind the building will be used for car parking; the area to the rear of 17, 19 and 21, Church Road will not be used for car parking (no specific use is proposed) and a "temporary" fence will be erected to prevent this part of the site being used [Table omitted in markdown export] for car parking. There is no indication of how temporary the fence will be, what this area will be used for or why this has been hard surfaced if there is no intention to use this area for car parking. 5. Following discussion with the applicant, amended plans have been submitted which propose the erection of a permanent fence along the boundary of the newly surfaced area with the area to be used for car parking. The fencing will take the form of timber posts concreted into the ground and stockproof type fencing strung between the posts with a 3.6m wide gate within the fenceline. ### Planning Status And Policy 6. The site is within an area designated as Mixed Use: Ret/Off/Res on the Onchan Local Plan of 2000. There are no site specific policies relating to this site, however, O/I/P/2 states "EXISTING INDUSTRIAL USES TAKING PLACE IN AREAS NOT ZONED FOR INDUSTRIAL PURPOSES WILL BE DEEMED NON-CONFORMING AND WHERE THE USE AND/OR THE STRUCTURES CONCERNED ARE CONSIDERED TO BE INAPPROPRIATE FOR THE AREA IN WHICH THEY ARE SITUATED, PLANNING APPLICATIONS WHICH SEEK TO OR RESULT IN PERPETUATION OF INDUSTRIAL USEAGE OR INVESTMENT IN BUILDINGS OR STRUCTURES WHICH THEMSELVES ARE CONSIDERED INAPPROPRIATE, MAY BE REFUSED". 6. The site also partly lies within Onchan's Conservation Area. The front part of the site lies within the Conservation Area: the proposed hardsurfacing, but for a strip approximately 8m from the boundary with 17, 19 and 21, Church Road, falls outwith the Conservation Area. 7. The following Strategic Plan policies are considered relevant: Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." it should be noted however that very little of the proposed development would be visible from the Conservation Area. Whilst Environment Policy 36 states "Where development is proposed outside of, but close to the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area, it is not considered that the view of the proposed development area is an "important view into or out of the Conservation Area" as the eye is drawn more to Welch House and the walling of St. Peter's Church than into Haydn Minay's Garage site. The number of parked vehicles (some of which are attributable to the use of this site) and the appearance of industrial vehicles in this streetscene can hardly, however be considered beneficial to the character of the Conservation Area. 8. There are no industrial policies within the Strategic Plan which are considered relevant in the consideration of this proposal. It should be noted that General Policy 2 sets out standards of development which should be applied to development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan. As the site is not designated for industrial use and the Onchan Local Plan specifically describes industrial uses within non-industrial areas as "non-conforming", this policy cannot be directly applied to this development although it should be noted that this policy requires that development should not "affect adversely the amenity of local residents of the character of the locality". General Policy 3 sets out exceptions to the policy which prevents development outside areas which are zoned for development. As the site lies within an area zoned for development, albeit not the type of development to which the site is presently put, this cannot be applied either. ## Planning History 9. Planning permission was sought for the following developments: PA 85/0073 - demolition of existing and construction of new garage premises - permitted: this did not include the land at the rear of the building PA 87/4165 - erection of steel framed contained as office accommodation and siting of containers for storage of builder's materials - refused: this was concerned with the land immediately to the rear of 17, 19 and 21, Church Road and land to the rear of the application site. PA 90/0306 - construction of boundary wall and gates - permitted. PA 96/0262 - change of use from waste ground to storage area for building materials - refused. This applied to the land to the rear of the existing garage building. This was refused for reasons relating to an inappropriate use so close to existing dwellings and that the access was not considered suitable for additional traffic. Also, it was considered that the proposal would be likely to result in an increase in heavy goods vehicles entering the Conservation Area, to the detriment of its character. PA 05/1605 - approval in principle for the erection of a workshop, storage and office unit - refused. This applied to the land to the rear of the garage building and was refused on appeal for the reasons that the proposed use would result in unacceptable harm through noise nuisance, traffic and visual impact on adjacent residents. The inspector notes the provisions in the local plan for non-confirming uses and states that, "The repair garage and highway depot are longstanding. It would not appropriate to take account of the skip hire business which has not been shown to be lawful...Undoubtedly the essentially industrial character of the repair garage does have an impact on the amenity of the adjoining residential area, it would be quite inappropriate to add to that impact by adding further industrial use" (paragraphs 12 and 13) PA 11/0231 - approval in principle for the erection of lock up garages - refused. This applied to the area to the rear of the existing garage building and was refused for the following reasons: ### R 1. The use of the site for lock-up garages would be likely to result in increased activity, noise and general disturbance to the adjoining residential properties on a day to day basis resulting in an adverse impact on the amenity of local residents and the character of the locality. ### R 2. The proposed development by reason of its layout, form and design would have a harmful impact on the character and visual amenities of the area contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). ### R 3. The proposal would result in an increased number of vehicle movements onto Church Road. It has not been demonstrated that adequate visibility splays could be achieved, and it is concluded that the proposal could result in undue harm to highway safety contrary to General Policy 2 of the Isle of Man Strategic Plan (20th June 2007). ## Representations 10. Onchan District Commissioners indicate that they do not oppose the application subject to a condition being imposed to restrict the use of the land and that a permanent fence be erected where the proposed fence is shown on the drawings. Following the submission of further plans, the Commissioners recommend that the application is permitted but subject to a condition which requires a permanent fence to be erected along the boundary of the area to the rear of 17-21 Church Road and also that the land immediately behind the garage be restricted to use by the garage only. 11. Highways Division recommend that the application does not demonstrate a safe access onto the highway as the there are no visibility splays shown on the plan. A visibility splay of 4.5m x 36m is required to the east of the site only as the road is one way westbound. From the plans submitted it is unlikely that this visibility splay could be achieved due to the proximity of the adjacent building no 7 Church road. A reduced visibility of splay of 2.4m x 36m may be acceptable as this is an existing access; however again it is not possible to determine from the plans if this is available. An additional plan to a scale of no greater than 1:250 is required to demonstrate the required visibility. 12. The owner of 19, Church Road has written in a number of times, expressing concern that the application will result in an intensification of the use, contrary to the previous decisions taken in respect of the site, that the hard surfacing of the area immediately to the rear of her property will inevitably result in the area being used and her property, and those of her neighbours will be subject to an increased level of noise and disturbance, over and above that which they already experience. She would like to see a fence with no vehicular access into it erected between the proposed car parking area and the area to the rear of her property and increased tree planting along the boundary with her property. She refers to the planning history of the site. 13. The owner of 21, Church Road does not object to the application providing that there is no car parking immediately behind 17, 19 and 21, Church Road. 14. The owner of 17, Church Road expresses concern that there should be a permanent fence between the two areas and as the closest neighbour to the site, is concerned that the proposal will result in an increased impact from activity, the view of the use and noise, over and above the present situation. He is also concerned about future operators of the site who may not be as approachable as those who currently operate it. 15. The owner of 9, Church Road supports the application as he considers it will reduce the amount of parking on Church Road. ### Assessment 16. The application is within an area where the continued use and possible intensification, should be discouraged. In this case, therefore, the issue is whether the proposed works will do this, or whether it will assist the existing situation by removing car parking from Church Road. 17. As proposed, the works have removed a previously unmanaged area and therefore there is an improvement in the appearance of the area, as noted by the owner of 9, Church Road. However, in providing a hard surfaced area, there is the risk that it will be used for a purpose which will effectively increase the amount and extent of activity on the site, to the detriment of the area in general and in particular the residents of 17, 19 and 21, Church Road who are immediately alongside. 18. Whilst the use has been in situ for some time, it is clearly an issue for both the Conservation Area and the amenity of local residents as clarified in the local plan and there is a mixed response to the proposal from those who live closest to it, and from the local authority. In terms of visual impact, it is considered, on balance that the proposed surfacing results in an improved appearance both for residents to the west and east of the rear of the site. There is unlikely to be a significant impact as viewed from the front, from Church Road, although if the newly surfaced area immediately behind 17 - 21, Church Road is to be used for car parking associated with the garage business, it is likely that there could be a reduction in on-street parking, which would be a positive development both for the appearance of the Conservation Area and the amenities of those who live there. 19. Whilst the fence is timber, it is to be concreted into the ground and therefore is unlikely to blown over or be moved. There is a gate access within it, and it is understandable that the immediate neighbours are concerned about future access, it is also understandable that the operators will require access for maintenance and it will be quite clear if this area begins to be used for purposes for which it is not authorised. 20. As such, and on balance, it is considered that the proposal results in the potential for a marginal improvement in the amenities of the area and as such is recommended for approval. The approval should be subject to conditions which prevent the use of the area to the rear of 17, 19 and 21, Church Road and which require that the area to the rear of the garage is used only for car parking, so that the proposal does not result in the expansion or intensification of the use. 21. Whilst there is a concern raised by Highways Division that the drawings do not illustrate that there is a safe means of access onto Church Road, the site lies on the outside of the curve on a one way street where vehicles approaching are doing so from a higher level and as such, subject to there not being vehicles parked on the highway, which there frequently area, provides good visibility of vehicles emerging from the site. As such, it is not considered that this is a reason to refuse the application, particularly as the proposal may result in fewer vehicles being parked on the highway. ### Party Status 22. The local authority, Onchan 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. 23. 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. 24. The owners of 9, 17, 19 and 21, Church Road are all adjacent to the site and as such should be afforded party status in this case. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 07.01.2013 ### 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 creation of two hard surfaced areas to the rear of the existing garage and 17-21, Church Road, together with the erection of a fence and gate, all as shown in drawing reference SM12/292/1/A received on 19th December, 2012. C 2. The area to the rear of the garage may be used only for the parking of staff and customers' vehicles: the area to the rear of 17, 19 and 21, Church Road may not be used for any purpose - for clarification this includes car parking, any garage-related purposes or storage. C 3. The fencing shown in drawing SM12/292/1/A must be erected prior to 28th February, 2013. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : ... Committee Meeting Date : Signed : ... Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/3620-braddan-land-to-rear/documents/1283228*