**Document:** Planning Officer Report **Application:** 13/00055/B — Erection of a fence and sandstone wall **Decision:** Permitted **Decision Date:** 2013-02-21 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3897-german-10-church-lane-fence/documents/1287495 --- # Planning Officer Report ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report ### The Site 1. The site defined in red is said to be the residential curtilage of an existing end of terraced property, 10, Church Lane which lies to the west of Church Lane which wraps around the old St. Peter's Church site. 1.2 The property is a two storey end of terrace dwelling which has a garden to the south of the property. This was originally bounded by a stone wall which has now been supplemented by timber fencing. The lane stops at this property and becomes absorbed into the rear garden. The fencing across the entrance to the property can be seen from Church Lane. The fencing cannot be seen from Lake Lane itself. ### The Proposal 2.1 Proposed is the erection of trellis fencing along the side boundary with number 9, Church Lane and the erection of sandstone walling with a wooden pedestrian gate within it and a drain across the boundary of the property with Church Lane. The fencing will stand between 500mm and a metre from the ground and provides additional height to the boundary wall – around 300 – 500mm above the height of the existing boundary wall. The fencing is to run down the eastern side of the garden. The applicant states that the trellis is required as without it there is a clear view into the windows of 8, Lake Lane. ### Planning Status And Policy 3.1 The site lies within an area of Mixed Use on the Peel Local Plan of 1989. The site also lies within Peel's Conservation Area. 3.2 As such, the following Strategic Plan policy is considered relevant: "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." ### Planning History 4.1 Planning permission was granted for the replacement of windows under PA 08/0949 and a satellite dish was permitted under PA 93/01697. Some of the other properties in the terrace have been the subject of applications for replacement windows and doors and some extensions, none of which is considered relevant in this case. 4.2 Most recently planning permission was sought for the erection of fencing similar to what is proposed here apart from the fact that the fencing was to be horizontal elements which extended across the boundary of the site with the lane. That application was refused for the reason that "The fencing is visible from public vantage points and appears above the height of the existing adjacent walling. The fencing appears out of keeping with the surrounding area, which is a designated Conservation Area and as such is contrary to Environment Policy 35 of the Strategic Plan." ## Representations 5.1 Peel Town Commissioners raise no objection to the application. 5.2 Highways Division indicate that the application does not have any adverse traffic or highway impact. ### Assessment 6.1 The fencing is partly visible from the top of Church Lane and as one proceeds down what is confirmed as a public highway towards the side, the top of the fence is also visible above the stone wall alongside. The change from hit and miss fencing to trellis will lessen its impact as viewed from here. 6.2 Department of Environment, Food and Agriculture have previously confirmed, following concerns raised from neighbours about the removal of trees, that permits have been issued for the felling of 3 sycamores in April 2010 and recently (July 2012) the applicant sought advice about pruning back a tree overhanging his property. The removal of the trees, whilst authorised draws more attention to things like the boundary treatment which makes the fencing all the more apparent. 6.3 The site lies within Peel's Conservation Area and as such it is important that the character of the area is preserved. The inclusion of a sandstone wall in place of the fencing and trellis fencing in place of the horizontal hit and miss fencing will reduce the impact of the scheme such that it is now considered to be acceptable. It is relevant that neither Peel Commissioners nor the neighbouring residents object to this application where they did object to the previous application. 6.4 Whilst a number of parties have suggested previously that the lane is adopted, the Highway Authority has confirmed that it is not. ### Party Status 7.1 The local authority, Peel Town 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. 7.2 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. ### Recommendation Recommended Decision: Permitted ## 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. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the erection of walling and fencing as shown in the information received on 18th January, 2013. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : 16/2/15 ### Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Signed : Sarah Corlett Senior Planning Officer 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/3897-german-10-church-lane-fence/documents/1287495*