**Document:** Planning Officer Report 08/01017/R **Application:** 08/01017/R — Replacement boundary walls, creation of off road parking and access onto highway **Decision:** Refused **Decision Date:** 2008-09-09 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85498-braddan-17-crosby-replacement/documents/1551411 --- # Planning Officer Report 08/01017/R ## 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 **SITE** The application site comprises of the residential curtilage of No.17 Crosby Terrace, Ballaquayle Road, which is located on the corner of Ballaquayle Road and Palatine Road. The site is zoned as predominantly residential within the Douglas Local Plan 1998. ## Proposed Development The application is seeking planning permission for a replacement boundary wall, creation of off-road parking and a vehicular access. The vehicular access will be 4 m wide and will be onto Ballaquayle Road. Two high pillar will be constructed next to the vehicular access. ### Planning Status And Relevant 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, Environment Policy 35. Environment Policy 35 states that "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the area, and will ensure that he special features contributing to the character and quality are protected against inappropriate development." Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act." ### Planning History There has been a previous planning application for the site; however, it is considered not relevant to the assessment of this application. ### Representations Douglas Corporation does not oppose the application. Highways Division of the Department of Transport does not oppose the application subject to the imposition of the condition requiring the applicants to contact them prior to carrying out any works within the highway. The occupiers of No. 17 Palatine Road have objected on highway safety grounds. The occupiers of No. 8 Palatine Road have objected on the following grounds: 1) highway safety and 2) that the new front wall will spoil the character of the area. They have commented that the proposed bin store is an excellent proposal. The owners of No. 4 and 16 Crosby Terrace have objected on the same grounds as those of No. 8 Palatine Road. ### Assessment There two key issues in the determination of this application. These are 1) the impact on the visual amenities of the locality and 2) highway safety. In respect of the visual amenities of locality, it is important to establish the character of the area so as to assess the impact of the proposal. Red brick dwarf walls with railings are a characteristic feature of this part of the terrace, which is with the Ballaquayle Road Conservation Area, and within Palatine Road. The rebuilding of a wall on the Ballaquayle Road frontage with a render finish and concrete copings along with a creation of vehicular access and parking areas would inevitably detract from the character and appearance of the Conservation Area, when viewed from Ballaquayle Road. Furthermore, the rebuilding of a rendered wall with concrete coping on the Palatine Road frontage would also look out of place within the streetscene. The applicant has indicated that the remaining parts of the boundary walls are to be to retained, which will be rendered and have new copings. The application lacks any detail of the new copings and does not clearly identify which parts of the wall are to be retained. It is unclear whether the existing red brick wall on the corner of the property will be rendered. The application also proposes to create an open bin enclosure; however, the plans do not show any elevational details of the enclosure. It is difficult to assess the impact of the proposal on the character and appearance of the Conservation Area without knowing the precise details of the enclosure. In respect of highway safety, the formation of a vehicular access across footways inevitably gives rise to a degree of conflict between drivers and pedestrians; however, in the Highways Division of the Department of Transport have not objected to the proposed access. There is insufficient reason to refuse the planning application on highway safety grounds considering the Department of Transport do not object to the scheme. ## Recommendation It is recommended that the application be refused for the above reasons. ### 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 owners of No. 16 Crosby Terrace (Gilbert \& Quayle Properties) are the adjoining landowners to the site and have also commented on material planning considerations. It is considered they should be afforded party status. The occupiers of 4 Crosby Terrace, 8 Palatine Road and 17 Palatine Road do not have sufficient interest in the application and should not be afforded party status in this instance. In summary, 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: Douglas Corporation Highways Division of the Department of Transport The owners of No. 16 Crosby Terrace Accordingly the following parties are not afforded interested party status: The occupiers of 4 Crosby Terrace, The occupiers of 8 Palatine Road The occupiers of 17 Palatine Road ### Recommendation Recommended Decision: Refused Date of Recommendation: 22.08.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 26 August 2008 08/01017/R ## 0 : Notes attached to refusals R 1. The proposed works would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 by reason of its design and external appearance would will not preserve or enhance the character and appearance of the Conservation Area. 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/85498-braddan-17-crosby-replacement/documents/1551411*