**Document:** Second Planning Officer Report **Application:** 10/01277/B — Creation of hard standing and vehicular access onto Victoria Road, **Decision:** Refused **Decision Date:** 2010-12-23 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36801-braddan-clarecourt-marathon-road-access/documents/1357956 --- # Second Planning Officer 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 This application is recommended for consideration by the Planning Committee rather than under delegated powers as the previous application was determined by the Planning Committee. #### The Site The application site represents the residential curtilage of Clarecourt, Marathon Road, Douglas. It is a detached dwelling with vehicular access via Marathon Road, with parking already within the curtilage of the site. The site is recognised as Predominantly Residential Use on the Douglas Local Plan 1998. #### The Proposal The application is seeking planning permission for the creation of hardstanding and vehicular access onto Victoria Road, creating an entrance in the existing wall 3.2m in width. A set of by timber gates will be erected which will be setback by 5m from the public highway of Victoria Road and will be 1.6m in height. A tapered wall will be constructed between the gate pillar and the boundary. The wall be smooth rendered and the height of the wall will be ranging from 1 m to 1.7 m . ## Planning History There has been a previous application for the site, which is considered relevant in the consideration of this application. 10/0003/B - Creation of hardstanding and vehicular access onto Victoria Road - refused at appeal on the 7th July 2010. ### Development Plan Policies Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2 and Transport Policy 4 and 6 ### Consultations Highways Division of the Department of Infrastructure do not oppose as it has no traffic management, parking or road safety implications. Douglas Corporation has made no comment with regard to the proposal. The occupier of No. 52 Victoria Road has objected to the application on highway safety grounds. Mrs Cannell MHK has objected to the application on the following grounds: 1) the proposed alteration to the wall would have a marked impact on the streetscene given that the wall presently runs evenly along the boundaries. It would appear odd in the landscape. 2) the access would impede on the free flow of traffic, 3) the proposal will set a precedent as there has never been such access, save for a small pedestrian access. The occupiers of No. 56 Victoria Road has objected on the following grounds: 1) The proposed alteration to the wall and the set back of the gates would alter the whole concept of the existing walls of the other properties on that side of Victoria Road, 2) the access would cause problems with traffic flow, 3) the access is unnecessary as that applicant has vehicular access onto Marathon Road. ### Assesment The principal issues in assessing this application are Highway issues and visual amenity. The following paragraphs deal with these issues in the above order. In respect of Highway safety issues, it important to consider the comments of the independent inspector: "With the submitted scheme it would be impossible to provide adequate highway visibility without the vehicle overhanging the pavement and the driver would also be unable to approaching pedestrians when existing the site. Furthermore with the gates at the back of [the] pavement a vehicle wishing to enter the site would obstruct the busy highway until the gates were open. In its current form I consider that the proposal would have unacceptable consequences from the point of view of highway safety and from the point of view of its effect on the free flow of traffic on a busy route into Douglas." This application is to address those concerns. The gates have been set back 5 m so as to allow a vehicle to manoeuvre safely off the highway without overhanging the pavement or the main carriageway. The boundary wall abutting the public highway will be lowered to 1 m in height. The new wall connecting the gate pillars to the boundary wall will taper down from 1.7 m to 1 m . The proposed alterations will allow greater visibility onto Victoria Road. The Highways Division of the Department of Infrastructure do not oppose the application. It is considered the applicant have adequately addressed the concerns of the independent inspector and the proposal will not be prejudicial to highway safety or the free flow of traffic. In respect of the visual impact of the Victoria Road, the proposal is to lower the boundary wall to 1 m in height and to cap the wall. The appearance of the boundary wall, i.e. the stone finish, will not change. The new walls and gate pillars to be constructed behind the stone wall will be smooth rendered and part of the walls setback into the site. There are rendered walls adjacent to the application site. The proposal would have an impact on the street scene, as the proposal would result in a gap along the frontage and a step down in height. Furthermore the positioning of what would effectively look like a car parking space would not be an enhancement of the area. However, the existing street scene is not harmonious, there are various building frontages, and a low rendered wall alongside. On balance it is not considered that the impact would be so detrimental as to warrant refusal. A concern has been expressed whether the access is necessary. The independent inspector commented on this aspect by stating that "Whilst I do not agree with local objectors that the principle of an additional vehicular access on this stretch of road would necessarily be unacceptable, I consider that in the form submitted the proposal would fail to address highway safety conerns and would impede the free flow of traffic..." This implies that the Inspector did not consider it unreasonable to propose an additional access. The applicants do not need to demonstrate that an additional access is necessary under current planning policy unless they wanted to put forward an argument that their need outweighed other planning considerations. No specific need was put forward other than their existing access on Marathon /Road is cramped and awkward to manoeuvre. In summary, it is considered the proposal has overcome the reasons of refusal for the previous application and whilst it would have some adverse impact on the street scene, this would not be so detrimental as to warrant refusal. ## Recommendation It is recommended that planning permission be granted subject to conditions in the attached schedule ### Party Status The Department of Transport and 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 occupiers of 52 Victoria Road, Douglas were award party status for the previous application. Therefore, for consistency purposes, it is recommended that they are afforded party status in this instance. The occupiers of No. 56 Victoria Road have commented on planning matters and highway concerns and as such should be afforded party status in this instance. Mrs B J Cannell MHK does not have sufficient interest in the application site and as such should not be afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 03.11.2010 ## 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. 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 creation of a hardstanding and a vehicular access as shown in drawing numbers 01 AT Nov.09, 02 AT Nov. 09 and 03 AT Dec. 09 date stamped 27th August 2010. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Authority Meeting Date : Signed : Presenting Officer Further to the decision of the Authority 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/36801-braddan-clarecourt-marathon-road-access/documents/1357956*