**Document:** Officer Planning Report **Application:** 07/00197/B — Approval to discharge condition one of 05/00665/R to retain containers **Decision:** Refused **Decision Date:** 2007-05-16 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82561-german-heathfield-yard/documents/1491920 --- # Officer Planning 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 #### The Site The application site forms an area know as 'Heathfield Yard' which contains a large brick two storey building, a row of recently refurbished single storey garage adjoining that building and on the northern side a row of recently refurbished single story garage/storage units. In addition, five large containers are located within the yard. The site is located to north and east of existing residential properties on Patrick Street. #### Planning Status The site is located within an area zoned as Predominately Residential Development in the Peel Local Plan (Planning Circular 6/89). The site is directly adjacent to the boundary of the Conservation Area. #### Planning History The following previous application is considered relevant to this application: PA 05/00665 - Retrospective application for the erection of four lock up private storage units, Heathfield Yard, Patrick Street, Peel. The application was refused initially 9th September 2005, refused at Review 24th November 2005, approved with condition, 8th May 2006. ### The Proposal The application seeks approval to discharge condition one of 05/00665/R to retain containers within the application site. Condition 1 of that approval stated: "Prior to the use of the permitted four private storage units, the existing five temporary metal storage containers in the yard shall be removed. Thereafter, the yard shall remain permanently open and shall not be used for the storage of any permanent or temporary items or structures." ### Representations The Department of Transport Highways Division object to the application on the basis that the removal of the containers was a requirement for the development of the site. Peel Town Commissioners recommend approval. Mr and Mrs Allen of 56 Patrick Street, Peel object to the proposal as does Ms Tatchell of 60 Patrick Street, as the retention of the containers prohibits the use of her garage on the site. ### Assessment At the time of the previous application (PA 05/00655 refers) the Department of Transport Highways Division objected to the development on the basis that the large temporary storage containers in the yard, or any form of storage in the open area of the yard would obstruct the ability of vehicles visiting the site to manoeuvre properly. This was a view that the Inspector agreed with and stated: "I suggest that if the Minister accepts my recommendation to allow the appeal, a condition should be imposed requiring the removal of the existing five storage containers in the yard prior to the use of the units the subject of the appeal. Also that the open areas of the yard shall remain permanently clear of any stored items or structures." The applicant has submitted that he has received no complaints from tenants in relation to the lack of manoeuvrability and therefore concludes that the concerns that lead to the condition being attached to the previous approval have not materialised. In addition, he requests that should the Department refuse his application, he be allowed to retain the units until the last lease has expired this being 1st December 2007. One of the tenants of the units has written to object to the application on the basis that they cannot use the garage for the purpose intended due to the location of the units, and therefore such concerns have materialised. In addition, off street parking in this area, as is the case in the majority of Peel is a premium and to remove the opportunity to use the garages for the parking of vehicles is not considered to be in the interests of road safety. ### Recommendation It is recommended that the application be refused. With regard to conditions, the applicant has requested that he be allowed to retain the containers until the lease expires (1st December 2007), which would be some 7 months. Given that the containers should have been removed from the site 12 months ago, it is considered that a 3 month period be allowed. ### 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: - Peel Town Commissioners - Department of Transport Highways Division - Mr & Mrs Allen, 56 Patrick Street, Peel ## Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 02.05.2007 ### 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 retention of the containers within the yard obstructs the ability of vehicles visiting the site to manoeuvre properly, thus precluding the use of the garages. - 1. The containers must be removed from the site within one month of the decision becoming final. **Decision Made:** ... **Committee Meeting Date:** ... --- *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/82561-german-heathfield-yard/documents/1491920*