Officer Report

Application No.: 16/00607/B Applicant: Mr David & Mrs Shan Fisher Proposal: Relocation of existing vehicular access Site Address: Kimmeragh Ballafesson Road Port Erin Isle of Man IM9 6TX Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the residential curtilage of an existing dwelling, Kimmeragh which is one of three dwellings which sit somewhat on their own on the south eastern side of the Ballafesson Road. The two dwellings which lie to the south west are "Mizpah", closest to the application property, and "The Gables" further to the south west. - 1.2 Each of the three dwellings has a contiguous boundary to the open, agricultural land to the south east. - 1.3 Planning approval has recently been granted for an extension at the rear - PA 15/00622/B as well as a change of use of a strip of land at the rear to accommodate additional garden space - PA 14/00885/C approved at appeal. - 1.4 Access into the property is directly in front of the former garage which was converted to living accommodation under PA 01/01369/B with parking space alongside to the north. THE PROPOSAL

2.1 Proposed is the relocation of the access 4.5m to the north to allow access directly into the parking area and the existing access will be blocked up with stonework to match the existing. Some existing roadside shrubs and bushes will be removed to make way for the new access; the remainder will be retained but are not protected from removal in any way. - 2.2 New fencing is proposed around the parking area to provide some protection for children and those within the garden area. PLANNING POLICY AND STATUS

3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Residential and within the settlement boundary of Ballafesson. The land to the rear into which the residential curtilage is to be extended, is designated as Open Space not designated for a particular purpose. - 3.2 As such the following policies are relevant to the consideration of the application:

General Policy 2 states: "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 space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space and
• i) does not have an adverse effect on road safety or traffic flows on the local highways." REPRESENTATIONS

4.1 Department of Infrastructure Highway Services indicate that they have no objection but note that an agreement with them will have to be entered into (presumably regarding the dropped kerb and working within the highway) (22.06.16). - 4.2 Rushen Parish Commissioners indicate they have no objection (21.06.16). ASSESSMENT

5.1 The issue in this case is whether there is any adverse visual or highway safety issue resulting from the proposed works. - 5.2 In terms of visual impact, the access will be moving only slightly in one direction with the corresponding blocking off of the existing. As such, the visual impact of the proposed works is very limited and not considered adverse. - 5.3 In terms of highway safety, the access will enable easier access and therefore has a positive impact on highway safety and convenience for other road users, including pedestrians passing the site on the footway. - 5.4 The proposal is considered to accord with the Strategic Plan policies and is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 04.07.2016

Conditions and Notes for Approval: 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.

• C 2. The existing access must be blocked off in materials and form to match the remainder of the roadside wall, within 28 days of the completion of the proposed access as approved. Reason: in the interests of visual amenity and highway safety.

This approval relates to drawing 1565-31 received on 25th May, 2016.

I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 19.07.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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