**Document:** Officer Planning Report
**Application:** 09/00017/R — Erection of retaining wall and boundary fencing
**Decision:** Permitted
**Decision Date:** 2009-03-02
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62286-rushen-1-erin-view-fence/documents/1369035

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations

### Officer's Report

#### The Site

The site generally represents the curtilage of a developing site situated in the small area of an otherwise developed estate lying between Erin Way and Truggan Road in the south eastern part of Port Erin. The site has permission for the development of four dwellings - three smaller detached houses at the higher end of the site, and one larger dwelling alongside 57 Erin Way which lies to the north east. The curtilage of the new dwellings extends almost as far as Erin Way but stopping short to provide a small area of Public Open Space. The site also includes a short section of the boundary between the new house and 27, Erin Way.

#### Planning Status

The site lies within an area designated as Predominantly Residential use on the Port Erin Local Plan of 1990.

#### Planning History

The development of the land to the north east was permitted under PA 04/1528 and the four dwellings being developed on the application site and the land to the south, under PA 05/01549.

#### The Proposal

Proposed here is retrospective permission for the erection of walling and fencing along the boundary between number 1 and 57, Erin Way. The walling takes the form of low walling on top of which is erected fencing up to approximately 2m on the plot 1 side but higher on 57's side as the ground level

is lower. Their existing fencing sits approximately 300mm to towards 2m at the higher end of the plot, above the level of the existing boundary fence alongside number 57.

### Representations

Department of Transport and Port Erin Commissioners indicate that they have no objections to the application.

### Assessment

The fence is still rather high as viewed from the neighbour's side although it is understood from discussions with the applicant, that this is what the neighbour has requested and indeed there is no objection from occupant of the neighbouring property. Any reduction in the height of the fence will increase the opportunity for overlooking of the garden of number 57 from the application property which is on higher ground.

On the basis of the lack of objection from the neighbouring property, it is considered that the fence does not have an adverse impact on the neighbouring property and there is no adverse impact on the streetsceene as viewed by the public whose principal view is across the garden of the application property.

Whilst painting or staining of the fence could be required by condition, the fencing presently has arguably less visual impact than the dark stained fencing around number 57 and if the rear of the fencing facing number 57 were stained the same colour as their existing fencing, this may increase the dominant effect of the proposed fencing and exacerbate its impact.

### 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.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.02.2009

### 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 fencing as shown and described in the drawings reference 2096.3_ACN_304 B and A_CND_F1G_001 A both received on 8th January, 2009.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date: 27/2/09

Signed: SZahgawett Senior Planning Officer PC

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*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/62286-rushen-1-erin-view-fence/documents/1369035*