**Document:** DEC Decision Notice **Application:** 13/00780/B — Rebuilding of perimeter wall (retrospective) **Decision:** Permitted **Decision Date:** 2013-11-29 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4599-braddan-national-tyre-service/documents/911739 --- # DEC Decision Notice ## Isle of Man Government **Sailly Ellen Vannie** B B Consulting Engineers 27 Duke Street Douglas Isle Of Man IM1 2AZ ### 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 National Tyre Service Limited, Ref 13/00780/B, for the rebuilding of perimeter wall (retrospective) at National Tyre Service Ltd Car Park Derby Square Douglas Isle Of Man IM1 3LP 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 Drawing 02 received on 24th October 2013 and the location plan as defined on plan 01 received on 4th July, 2013. Date of Issue: 29th November 2013 **M Kallyher** 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 http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/ 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 13/00780/B ### Officer's Report [Table omitted in markdown export] #### 1.0 The Application Site 1.1 The application site is the curtilage of National Tyre Service Ltd located on the western side of Derby Square in Douglas, including the car parking area to the south of the workshop. The application site is within the Windsor Road Conservation Area. 1.2 The car park adjoins the site to the south of the main buildings which are single storey. The car park has an area of around 775sqm. The car park was bounded by a Manx stone wall on the western, southern and part of the northern side. 1.3 The immediate surrounding area is characterised by tall Victorian terraced dwellings with a centrally placed Victorian garden. The properties have a rendered finish and a bounded by low rise rendered walls to the front. #### 2.0 The Proposal 2.1 This partially retrospective planning application seeks approval for the existing car park wall to be demolished and replaced with a rendered concrete wall. The section of walling to be replaced has already been demolished. 2.2 The proposed new walling would be rendered and painted to match the existing National Tyre Service building. The new wall would be erected on the eastern, southern and part western side of the existing car park and would not exceed 1.2 metres. 2.3 Also proposed is the rendering of the existing wall on the eastern boundary to match the new proposed wall and National Tyres building. #### 3.0 Planning History 3.1 Planning permission was granted in 2011 for the re-roofing of the workshop building under PA 11/00988/B. Prior to this planning permission was granted in 1997 for the resurfacing of the car park and erection of a vehicle barrier under PA 97/00611/B. The main building was subject to a planning application in 1994 for alterations and extension which was refused under PA 94/00357/B. Permission was also refused for the use of the land adjacent to 45 Derby Square, for uses related to the existing business under PA 90/01296/C. 4.1 In terms of local plan policy, the application site is within an area designated as Predominantly Residential under the Douglas Local Plan Order 1998 Map (South). 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically relevant to the assessment of this current planning application: Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." ## 5.0 Representations 5.1 Douglas Borough Council has no objection to the current planning application. 5.2 The Department of Infrastructure Highways Division have no objection to the current planning application. 5.3 A representation has been received by the owner and/or occupier of No. 14 Albion Terrace raising concerns about the new proposed height of the wall with regards to loss of privacy. #### 6.0 Assessment 6.1 Given the nature of the planning application it is imperative to consider the impacts of the proposed development on the appearance of the street scene of Derby Square and Conservation Area. 6.2 The erection of a new proposed boundary wall in replace of the demolished wall is considered an acceptable form of development. The new proposed wall would have a rendered finish masonry wall to match that of the main building is considered a significant improvement to what exists and what was previously in situ. It is therefore considered that the proposed development would enhance the appearance of the locality and Conservation Area. 6.3 With regards to the concerns raised by the owner and/or occupier of No. 14 Albion Terrace, the adjacent property is located 5 metres from the application site. The existing boundary wall of No. 14 Albion Terrace would be higher than the proposed new boundary wall of the application site and therefore it is not considered that the proposed development would impact upon the residential amenity of No. 14 Albion Terrace. #### 7.0 Recommendation 7.1 Overall, it is concluded that the planning application accords to the provisions set out in Environment Policy 35 of the Isle of Man Strategic Plan 2007. 7.2 It is recommended that the planning application be permitted. 8.0 PARTY STATUS 8.1 The local authority is, Douglas Borough Council, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. 8.2 It is considered that the following parties that made representations to the planning application should be afforded interested party status: The owner and/or occupier of No. 14 Albion Terrace, immediately adjacent the application site. 8.3 The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status. Recommendation Recommended Decision: Permitted Date of Recommendation: 25.11.2013 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 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 Drawing 02 received on 24th October 2013 and the location plan as defined on plan 01 received on 4th July, 2013. 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 : .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed : ..... Signed : ..... Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager PA13/00780/B National Tyre Service Limited Rebuilding of perimeter wall (retrospective), National Tyre Service Ltd Car Park Derby Square Douglas Isle Of Man IM1 3LP Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 08.07.2013, includes; Conservation Areas: Cons Areas: Windsor Road Cons Area Dev Control Polygons: Reference Number: 94/00357/B Status: Refused on Review Proposal: Alterations and extension, National Tyres and Autocare, 41-45 Derby Square, Douglas. Reference Number: 97/00611/B Status: Permitted Proposal: Resurfacing of car park and erection of vehicle barrier, 41-44 Derby Square, (land adjacent to National Tyre Service Ltd), Douglas. Reference Number: 11/00988/B Status: Permitted Proposal: Re- roofing workshop building Reference Number: 90/01296/C Status: Refused Proposal: Change of use of land adjacent to 45 Derby Square, for uses related to the existing business. Derby Square, Douglas. PLanning Enforce: Reference: 04/00053/COMP Status: Case Closed Nature of Enforcement: use of site as a transfer station for tyres. Reference: 13/00100/COMP Status: Pending Consideration Nature of Enforcement: Partial demolition of boundary wall in a conservation area --- *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/4599-braddan-national-tyre-service/documents/911739*