**Document:** DEC Decision Notice **Application:** 13/00752/B — Construction of a new masonry retaining wall and associated fencing to replace existing collapsed stone retaining wall **Decision:** Permitted **Decision Date:** 2013-08-20 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4572-braddan-winerite-replacement/documents/911605 --- # DEC Decision Notice ## Isle of Man Government Baillyt Ellen Vannie Burroughs Stewart Associates 17A Victoria Street Douglas IM1 2LW ### Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Shoprite (Isle Of Man) Limited, Ref 13/00752/B, for the Construction of a new masonry retaining wall and associated fencing to replace existing collapsed stone retaining wall at Winerite Victoria Road Douglas Isle Of Man IM2 4EZ subject to compliance with the following condition(s): 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. The development hereby permitted shall not be carried out except in full accordance with the following drawings, all received on 26 June 2013: 2013-001 01, 2013-001 02, 2013-001 03 and 2013-001 04. NOTE The timber fence would, it is considered, better reflect its surroundings if finished in a matt white paint. Date of Issue: 20th August 2013 ### M ballghe Director of Planning and Building Control ### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either: - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within **THIRTY DAYS** following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00752/B Case Officer: Mr Edmond Riley Photo Taken: 09.07.2013 Site Visit: 09.07.2013 Expected Decision Level: Officer Delegation ## Officer's Report ### 1.0 The Application Site 1.1 The application site is the curtilage the retail unit currently occupied by Winerite on Victoria Road in Douglas; it is a single storey building with a pair of shallow-pitched roofs. The unit is located to the south east of the highway. The walls are masonry and roofs corrugated metal; both the walls and roofs are white. It is an unremarkable retail unit, and must be considered contemporary comparative with built development in the immediate surroundings. The planning history shows it was extended in 1995. 1.2 Immediately adjacent the site to the southwest and northeast are residential dwellings, along the border of which is a traditional Manx stone, a sizeable proportion of which is covered in vegetation. To the other side of the highway are some further dwellings alongside a small car park and retail unit selling motorcycles. There is, therefore, no especial homogeneity of either uses or architectural style. To the rear runs a footpath (Woodville Lane) set steeply down from the application site, and to which there is no access as a result. Mature vegetation is also evident in this area, and runs all along the rear of the application site (its southeastern boundary). ### 2.0 The Proposal 2.1 Approval is sought for the replacement of a collapsed stone wall at the rear of the site with a retaining wall. Atop this would sit palisade security fencing. Timber fencing at ground level is also proposed. The retaining wall (as was) measured 2.4m to 2.6m in height along its length; its replacement will measure 2.2m in height. Atop this will sit security fencing of 0.9m in height. The timber fencing is proposed to be 1.1m in height. Currently, no formal boundary treatment is evident. Part of a Manx wall, which is currently in poor repair and represents the boundary between Winerite and the neighbouring dwelling, is also proposed for demolition and re-build using the good quality stone found during the process of demolition. 2.2 The proposed wall is to be set down, topographically, and cannot be viewed readily while at ground level on the application site. This is also true from the Woodville Lane and the properties beyond, which are set at a significant angle down a slope from Woodville Lane. It is to be used primarily for retaining purposes; advice received on site was such that the [Table omitted in markdown export] previous wall collapsed due, at least in part, to subsidence. The fencing will be used to provide a formal boundary treatment to this part of the site, which is set back some 40 metres from the highway and, as such, is relatively secluded. The fencing will be 1.1 m in height from ground level. No finishes are specified. ## 3.0 Relevant Planning History 3.1 The application site has been the subject of several previous planning applications relating to various large proposals, both retail and residential in nature. None is considered of material relevance to the determination of this planning application. #### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is designated as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that are considered specifically material to the assessment of this current planning application. The parts of General Policy 2 relevant to this application state: "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: (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; (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". #### 5.0 Representations 5.1 Douglas Borough Council and Highways Division have no objection to the application. 5.2 The owner/occupant of Byron Villa, which is adjacent the application site, objects to the application on the basis that the proposed retaining wall is not at the original height and nor is it constructed of Manx stone. #### 6.0 Assessment 6.1 Approval is sought for the replacement of a collapsed stone wall at the rear of the site with a retaining wall. Atop this would sit palisade security fencing. Timber fencing at ground level is also proposed. 6.2 Given the generally inaccessible and invisible nature of the works proposed for the application site, the primary issue to consider is the extent to which the visual amenity would be affected by the proposals. This is particularly important in respect of the sole neighbour to the site, who has also made a representation to the planning application. It should be noted that public access to Woodville Lane is not currently possible from the application site, and it is significantly overgrown. 6.3 It is regrettable that the proposed retaining wall will not replace, in terms of material, the existing Manx stone wall. However, it is the case that the wall is to a large degree not publicly visible and a wall constructed in a more contemporary masonry would be of greater strength. Given the purpose of the wall is that of retention rather than aesthetics, these issues are considered to override the negative impact of a non-Manx stone wall. 6.4 The palisade fencing to be applied to the top of the wall is a security feature and, again, is likely to be largely invisible from a public aspect as its top will sit lower than the application site. No objection is therefore raised to this element of the proposal. 6.5 In respect of the proposed demolition and re-building for the existing Manx stone wall, this is considered entirely welcome. It was evident from the site visit that the wall was by no means robust. As such, re-building the existing wall using the existing Manx stone (where possible) is a clearly positive element of the proposal. 6.6 The final element of the proposal is timber fencing. This is the most publicly-visible element of the proposal and, the agent has advised, is primarily to prevent access to the area behind with its associated manholes and the proposed retaining wall to the rear. Previously, a white uPVC fence was present in roughly the position proposed for the timber fence. The need to prevent public access to this area is, from a safety point of view, clear and as such a timber fence is considered the most appropriate solution. While a natural timber finish is proposed, it is considered that white would be preferable from a visual amenity point of view. However, natural timber is not inappropriate in the context of the site, and represents a marked improvement over the previous uPVC. A note is appended to this Report to this effect. 6.7 On the basis of the above, no conflict is considered to arise with Strategic Plan Policy 2. ## 7.0 Recommendation 7.1 It is recommended that the planning application be permitted. #### 8.0 Party Status 8.1 The local authority, Douglas Borough Council, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 8.2 It is considered that the owners/occupiers of Byron Villa, who made a representation, should be afforded interested party status. 8.3 The Highway Authority is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highway Authority cannot be afforded party status in this case. ### Recommendation Recommended Decision: Permitted Date of 16.08.2013 Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal ## C : Conditions for approval N : Notes attached to conditions $\mathbf{R}$ : Reasons for refusal O : 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. The development hereby permitted shall not be carried out except in full accordance with the following drawings, all received on 26 June 2013: 2013-001 01, 2013-001 02, 2013-001 03 and 2013-001 04. N 1. The timber fence would, it is considered, better reflect its surroundings if finished in a matt white paint. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager ## Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 28.06.2013, includes; Dev Control Polygons: Reference Number: 89/01059/B Status: Permitted Proposal: Relocation of hoarding and removal of garden wall, site of former dwelling Elsinor, Victoria Road, Douglas. Reference Number: 86/00236/A Status: Permitted Proposal: Approval in principle to construct garage premises incorporating showroom, repair facilities & petrol outlet, adjoining G. Steers, Victoria Road, Douglas Reference Number: 95/00067/B Status: Permitted on Review Proposal: Extension to provide additional retail sales area with associated parking, Winerite, Victoria Road, Douglas. Reference Number: 88/00052/A Status: Refused on Review Proposal: Approval in principle to construct 7 no. shop units with associated carparking, site of former Elsinor, 16 Victoria Road, Douglas Reference Number: 92/01556/B Status: Permitted Proposal: Extension of existing car park, Winerite, Victoria Road, Douglas. Reference Number: 86/00290/B Status: Permitted Proposal: Use of premises as retail freezer centre, Gordon Steer's Warehouse, Victoria Road, Douglas Reference Number: 87/00275/A Status: Permitted Proposal: Approval in principle to a six-storey apartment building with squash courts and car parking, Land adjoining G. Steers, Victoria Road, Douglas Reference Number: 89/00679/B Status: Permitted Proposal: Erection of 12 No 3 storey town houses on Winerite site and adjacent vacant land, Victoria Road, Douglas. Reference Number: 01/01716/D Status: Permitted on Review Proposal: Erection of illuminated sign Reference Number: 11/00955/B Status: Permitted Proposal: Installation of two telecommunications antenna on rear of building Reference Number: 87/01745/A Status: Refused Proposal: Approval in principle to the erection of office block on the site of the former Elsinor, Victoria Road, Douglas. Reference Number: 84/00158/A Status: Permitted Proposal: Approval in principle, block of 50 apartments adjoining Gordon Spears, Victoria Road, Douglas PLanning Enforce: Reference: 08/00348/COMP Status: Case Closed Nature of Enforcement: Enlargement of two windows and creation of a large window, increasing noise levels Reference: 08/00329/COMP Status: Case Closed Nature of Enforcement: Placement of refrigeration units to the side of the retail unit --- *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/4572-braddan-winerite-replacement/documents/911605*