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Application No.: 18/00033/B Applicant: Mr Nick Verardi Proposal: Erection of gates to existing access Site Address: Seascapes Mount Gawne Road Port St. Mary Isle Of Man IM9 5LX Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.08.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Plans/Drawings/Information; This decision relates to drawing 01A received on 19th June, 2018. _______________________________________________________________
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Clybane as they satisfy all of the requirements of paragraph 2 of the Department’s Operational Policy on Interested Person Status (July 2018).
Officer’s Report THE SITE
1.1 The site is the residential curtilage of an existing dwelling, Seascape (incorrectly referred to as Seascapes in the application), which sits fronting onto the Mount Gawne Road and backs onto the rear of the new dwellings which were built on the site of the former Motorlands garage and Nooklands, the dwelling alongside. The property sits higher than the properties fronting onto Shore Road. To the west of the site is The Mount, a detached traditionally styled two storey house which sits parallel with Mount Gawne Road, at an angle to Seascape. The Mount's curtilage runs from Mount Gawne Road though to Shore Road. - 1.2 Seascape is a modern house with significant areas of glazing, built under 06/01361/B. Its access is directly onto Mount Gawne Road. The site abuts the land of the Motorlands redevelopment which includes a small triangle of land with a vehicular access and former flat roofed garages. The applicant has a right of access over this land which is currently owned in association with the adjacent site and this is reflected in the application form. The applicant has asked the land owner if he can purchase the land. The plans have been prepared by the owner of the adjacent land but the application is in the name of the owner of Seascape. - 1.3 The character of this part of Mount Gawne Road is different on each side: on the right going up the roadside is characterised by the frontage of Clybane, Seahaven, Thie my Chree and Reayrt ny Marrey. On the other side, the properties all back onto the road up to the proposed access with, at the moment an unused hard surface triangle sitting in full view with walling of different height stepping up from the existing access towards Seascape. THE PROPOSAL
2.1 Proposed is the erection of a timber gate which is set back from Mount Gawne Road by 2m, and will slide to the north west to provide access into the site. The gate posts will be stone to match the adjacent walling and one will be 1.8m to the top of the capping and the other
2.2 The triangular plot is to be grassed. 2.3 The existing wall is to have its render removed and the stone repointed or completely rebuilt in stonework. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the South as not for a particular purpose. As such, there is a presumption against development as set out in General Policy 3 and Environment Policy 1 although the site is an established residential curtilage and the entrance is existing.
3.2 The site lies within an area of Incised Slopes where the following advice is provided in the Area Plan:
"Port Erin and Port St Mary (D15) The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.
Key Views Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula
and up the Southern Uplands and Meayll Hill." "3.7 Implications of the Landscape Character Assessment Landscape Type - Incised Slopes Landscape Area - D15 (Port Erin and Port St Mary)
3.3 General Policy 2 of the Strategic Plan sets out general standards of development which are generally applied where the proposed land use accords with the land use designation on the plan. Whilst in this case the site is not designated for development, there is no proposed change in the use of the land and the general standards are considered relevant to the consideration of the proposal as follows:
"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:
4.1 Seascape has been the subject of numerous applications for its construction and subsequent alteration, none of which is considered relevant to the current proposal. The redevelopment of the land to the south was approved under a series of applications including 16/00740/B which included the demolition of the existing garaging, the rebuilding of the roadside wall and the use of the area as a shed for the house on plot 3.
4.2 There have also been a number of applications for the development of properties in the area - the replacement of Clybane, the alteration and extension of Seahaven, both across Mount Gawne Road from the site, and the redevelopment of Kilravock and the alterations to the rear of Avondale. None of these applications is directly relevant to the current proposal but they demonstrate the changing nature of the immediate area. REPRESENTATIONS - 5.1.1 The owners of Clybane which is directly opposite the site defined in red, object to the application, suggesting that this has not always been an access to this property and indeed it was not shown as such in the application for the creation of Seascape as it currently appears (06/01361/B) and that the right of way was pedestrian only. They are concerned that the boundary walls as shown are not in the correct position and are not set back from the road as shown and as shown in previous applications for the development of the land alongside (15/00739/B and 16/00740/B). It is their view that the proposal is not in the interests of highway safety and that they would be adversely affected as a result, as owners of a property very close to the proposed works (24.01.18 and 16.07.18).
5.2 Highway Services raise concern about visibility (09.02.18 and 22.02.18) but, following the submission of plan 01A, confirm that they have no objection, noting that from their perspective, as the access is existing, the requirement is for the proposal not to make the existing situation any worse. They consider that the gate will not adversely affect car parking provision or highway visibility and is acceptable. They do not consider conditions attached to a recent application at Avondale to be relevant as they refer to accesses onto Shore Road. They have scaled the available visibility which is 35m to the left for those egressing from the site and the stone wall is not within the visibility splay. The height of this wall is therefore not a concern. The proposals make no worse the visibility available (26.07.18). - 5.3 Rushen Parish Commissioners indicate that they have no objection (30.07.18).
6.1 The issues in this case are whether the proposed gates would have any adverse impact on the visual character of the area or highway safety. Whilst there is concern that the access does not comply with the latest standards of Department of Infrastructure, the test is not this but rather whether the proposal makes the existing situation any worse. This is confirmed by DoI. It is not considered that there will be any material change in the use of the access, from the proposals. CONCLUSION - 7.1 The application is considered to accord with Strategic Plan policy and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 01.08.2018
Determining officer
Signed : J CHANCE Jennifer Chance
Director of Planning and Building Control
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