**Document:** Officer Planning Report **Application:** 07/00973/B — Excavation of bank and erection of a retaining wall and path to improve means of fire escape access **Decision:** Permitted **Decision Date:** 2007-08-22 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83092-braddan-49-castlemona-avenue-retaining-wall-path/documents/1499430 --- # 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 [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations ### Officer's Report #### Site The site is No. 49 Castle Mona Avenue, which is a single dwellinghouse. The site is located on the north western side of Castle Mona Avenue. The site is within an area zoned as predominantly residential on the Douglas Local Plan. To the north east of the site is the residential property of No. 51 Castle Mona Avenue. To the south west of the application site is the residential property of No.47 Castle Mona Avenue. To the rear of the application site is the public highway of Woodville Terrace, which elevated above the application site. #### Proposed Development The application is seeking permission to retain an excavated area and erect a retaining wall and path to improve means of fire escape from the building. ### Planning Status And Relevant Policies Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. Whilst the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no other policies within the plan that are specifically material to the assessment of this current planning application. ### Planning History 06/00422/B – Creation of a parking bay off Woodville Terrace – refused 29.06.2006 86/00105/B – Internal alterations to provide en-suite bathroom to first floor – granted. ### Representations Douglas Corporation does not object to the application. Highways Division of the Department of Transport – no objection The occupiers of 51 Castle Mona Ave is concerned about the following points - The works will separate the properties of 49 and 51 Castle Mona Avenue - Access Lane serving the rear of the properties will be blocked off - No means of emergency exit to the rear of the property - Removal of vegetation - High risk of landslip - The strength of the retaining wall to hold back the earth The residents of Frankville Court, 1-2 Woodville Terrace has commented about the following issues: - Some of the work has already been carried out without planning permission. - The embankment behind Castle Mona Avenue has a history of landslip - The removal of huge quantity of soil, the cropping of several trees and general work at the bottom of the steep slope could cause it to become unstable and have a detrimental effect on the foundation of our property. - The job is precursor to further work. Namely, the construction of an elevated platform to be used as a car port. Mr Ken Brownless of KK Toiletries (who has an interest in No. 5 Woodville Terrace) has commented stated that “Having being refused before they have carried out extensive work removing hardcore this is against the council’s previous recommendations in the refusal. With the above in mind I feel that a Council Surveyor should inspect the excavation to establish the safety because we are quite concerned with the work carried out.” ### Assessment The applicant has started to create an area of the occupiers of the property to escape from the upper floors of the building safely without having venture to the lower floors of the building. I consider the principle of creating an escape area to be acceptable. In respect of the visual amenity of Castle Mona Avenue, the works are set to the rear of the property and will not be visible from the public highway of Castle Mona Avenue. In respect of the impact on No. 51, the proposed wall to be built along the boundary will have very little impact on the residential environment of No. 51 Castle Mona Avenue. Furthermore, it will prevent any overlooking from occurring. I therefore consider the residential environment of No. 51 will not be significantly harmed. In respect of the impact on No. 47, the proposal would create an area where the occupier of the property could sit out on. The plans show any a wall which will run parallel to the boundary of No. 47. This will help to obscure any views of the rear windows of No.47 Castle Mona Avenue. Even, if any views were available, they would be limited. I therefore consider the proposal will not cause any significant harm to the occupiers of No.47 from overlooking and loss of privacy. There have been concerns about the stability of the embankment due to the excavation work which has been undertaken. The proposed retaining wall will stabilise the embankment. The issue of whether the retaining wall will be built to a standard so as to ensure there are no landslips is a building control issue and not a material planning consideration. The proposal does not interfere with any means of escape for the other properties i.e. the access passage at ground floor level. ### Recommendation I therefore recommend that planning permission be granted subject to conditions. ### 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 No.51 Castle Mona Avenue accords with the provision of Government Circular 1/06 and should be afforded party status. The occupiers of 1-2 Woodville Terrace are a sufficient distance from the application site to have a significant interest in the application. I therefore consider they should not be afforded party status in this case. Mr Ken Brownless of KK Toiletries (who has an interest in No. 5 Woodville Terrace) is sited directly above the application. However, he has referred to safety issues which are not a material planning consideration and as such should not be afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 17.08.2007 ### 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 R 1. This permission relate to the retention of the excavated area of bank and the erection of a retaining wall and path as shown in drawing number 07/677/3 date stamped 21st May 2007. I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 20/8/07 Signed : M. I. McCauley Director of Planning and Building Control --- *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/83092-braddan-49-castlemona-avenue-retaining-wall-path/documents/1499430*