**Document:** Planning Report and Recommendations **Application:** 09/01503/B — Creation of vehicular access and off road parking **Decision:** Refused **Decision Date:** 2009-11-03 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63917-braddan-1-railway/documents/1388346 --- # Planning Report and Recommendations **Application No.:** ** 09/01503/B ** **Applicant:** ** Michelle Inglis ** **Proposal:** ** Creation of vehicular access and off road parking ** **Site Address:** ** - 1 Railway Terrace - Douglas - Isle Of Man - IM1 4LT ### Considerations **Case Officer:** Mr Gary Barr ** **Photo Taken:** ** 22.10.2009 ** **Site Visit:** ** 22.10.2009 ** **Expected Decision Level:** ** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** Objection **Consultee:** Douglas Corporation **Notes:** No objection. ### Officer's Report #### The Site The application site represents the residential curtilage of 1 Railway Terrace which is an existing and terrace dwelling situated towards the entrance of the cul-de-sac which leads off Peel Road in Douglas. #### The Proposal The proposed application is seeking approval to alter the front yard to provide a single car driveway. This would consist of removing part of the front wall (wall run which borders the rear access lane), which would be finished in paving. The proposed driveway would measure 5500mm x 2500mm. #### Planning Status The application site is within an area of "Residential Use" under the Douglas Central Local Plan, which was adopted by Tynwald in 1998. The Isle of Man Strategic Plan 2007 contains one policy which 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; 28 October 2009 09/01503/B Page 1 of 4 - (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." ## Planning History The following planning applications should be considered in the assessment and determination of this application: PA 87/01105/A - Approval in principle to change of use from disused dwelling to office accommodation - Refused at Appeal PA 99/01950/A - Approval in principle for creation of two flats - Permitted PA 07/01977/B - Installation of replacement windows - Permitted ### Representations The Department of Transport Highways Division has objected to the proposal on the grounds that the plan is not detailed enough to show that the vehicle will not obstruct the rear lane (Comments received 01.10.2009). Further correspondence with the Highways Division indicated that the measurements result in the car being parked outside of the red line as shown on the submitted scaled plan (Comments received 20.10.2009). Douglas Corporation has no objection with the proposed development. ### Assessment In considering applications for the creation of driveways, the three main considerations relate to whether the proposal is achievable, highway safety and the visual impact of such a driveway. After assessing the submitted plans and visiting the site, it was clear that the proposed driveway could not accommodate a vehicle, as the applicant has indicated that the extent of land within their ownership or control is limited to that identified in the application and edged in red on the submitted plan and the driveway breaches the applicants residential curtilage. With no additional land available to achieve the standard parking space of (minimum parking space 4.8 m ) as suggested by the Department of Transport; it is considered that the creation of the new driveway can not be improved to make the proposal acceptable. The failure to demonstrate that a vehicle can be accommodated on the site and the objection from the Highways Division is considered to be reason for refusal. In part h of General Policy 2 of the Isle of Man Strategic Plan, 2007 it states that development should provide satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space. Due to the small nature of the parking space and the immediate area; it is considered that the proposal would not provide an adequate parking space which would have a detrimental impact on highway safety for all highway users. For example, the parking space would overhang the public highway which may have the potential of affecting emergency vehicles from entering the rear access lane, or when the applicants is exiting the site onto the highway the visibility is restricted by 25 Peel Road (to the north east of the site - at the opposite side of the access lane). Furthermore, it would be difficult to turn / manoeuvre a vehicle onto the highway in this small space, which would also adversely affect road safety and future traffic flows on the public highway which is considered unacceptable. The proposal would detract from the character of the property, with the removal of part of the wall and with the proposed addition of a vehicle so close to the dwelling. The proposal would not ensure that the visual amenities of the locality are protected when viewed from the public highway. **RECOMMENDATION** For these reasons the proposal is considered unacceptable and it is recommended that the planning application be refused. **PARTY STATUS** It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - The Department of Transport Highways Division - Douglas Corporation **Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 26.10.2009 **Conditions and Notes for Approval / Reasons and Notes for Refusal** - **C: Conditions for approval** - **N: Notes attached to conditions** - **R: Reasons for refusal** - **O: Notes attached to refusals** ## **R 1.** The proposal fails to demonstrate that the standard parking space of 2.5m x 5.0m or the minimum parking space of 2.4m x 4.8m can be achieved within the application site. 28 October 2009 09/01503/B R 2. The proposed development would be contrary to part h of General Policy 2 of the Isle of Man Strategic Plan, 2007 by reason that the development would not provide an appropriate, safe and convenient access for all highway users, together with an unacceptable parking, servicing and manoeuvring space. R 3. The proposed development would be contrary to General Policy 2 of the Isle of Man Strategic Plan, 2007 by reason that it would adversely affect the character of the property and the locality. I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made: Refused Date: 28/10/09 Signed: Senior Planning Officer --- *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/63917-braddan-1-railway/documents/1388346*