Officer Report Copy Part 1

Part 1 – Copy of Officer’s report

The Application Site

1. The application site is the residential curtilage of a two storey terrace dwelling on Nursery Avenue, Onchan. The site is located on a sloping residential street that connects to the Main Road through Onchan town centre. The dwelling on the site has a rectangular shaped front garden area that is concreted over. It is raised approximately 400mm above the level of the adjoining pavement at its greatest point as a result of the slope of the land. A rendered front wall defines the curtilage boundary between the front garden area and pavement. Car parking is only permitted on the opposite side of Nursery Road from the application site.

The Proposal

1. The proposal comprises the creation of a vehicular access and off-road parking in front garden of dwelling. In order to create the vehicular access the existing front wall will be demolished.

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential use in the Onchan Local Plan 2000. There are no policies within Planning Circular 1/2000, the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application.

1. The Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning 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 spaces 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; > (i) does not have an unacceptable effect on road safety or traffic flows on the local highways".

Representations

1. Onchan District Commissioners recommends that the application is refused as it would be detrimental to the streetscape. This reason for refusal is considered to be a material planning concern and therefore will be taken into account as part of the assessment.

1. The Highways Division recommends that the application is approved, subject to the applicant contacting the Network Operations Section of the Department of Infrastructure prior to carrying out works within the highway including the installation of dropped kerbs.

1. The Community Planning Service (CPS) (non-statutory body), 33 Ballaquark, Douglas, has submitted comments inferring the application form has been filled in incorrectly. Furthermore, the CPS objects to the proposal on the basis it will be detrimental to the appearance of the streetscape and provide a 'damaging' precedent for many other similar age streets on the island. Also, the CPS believes the proposal will be detrimental to traffic flows, and pedestrian and vehicle driver safety.

The CPS comments regarding the visual impact of the proposal on the street-scene and impact on the adjoining highway are considered to be material planning concerns and therefore will be taken into account as part of the assessment.

Assessment

1. The proposed demolition of the front wall to subsequently park vehicles in front of the application property would alter the appearance of the street scene. This is also a point raised by the local authority and Community Planning Service. More specifically, the demolition of the wall would firstly be out-of-keeping with the existing character of property frontages along either side of Nursery Avenue. Secondly, the proposal would be a departure from existing parking arrangements on the street that could ultimately cause unnecessary noise disturbances to the adjoining residential properties next to the application property.

1. Whilst the Highways Division has recommended approval, it is considered parking within the existing front garden area would create a situation that could compromise pedestrian and road safety on Nursery Avenue. This is a material consideration also raised by the Community Planning Service.

1. Overall, the proposal would result in a detrimental impact on the visual appearance and character of the street-scene, whilst also likely to cause road safety concerns and unnecessary noise disturbance to neighbouring properties. As such, the proposal is not considered acceptable.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Onchan District Commissioners are, 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.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

The Community Planning Service, 33 Ballaquark, Douglas, is not afforded ‘party status’ as it fails to meet the ‘criteria for interested party status’ stated in Paragraph 2 (1) of the Town and Country Planning (Development Procedure) Order 2006.

Recommendation

Recommended Decision: Refused Date of Recommendation: 13.04.2012

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

R 1.

The proposal would be a departure from existing parking arrangement on the application site, side of Nursery Avenue, and therefore will be visually intrusive on the street-scene. As such, the proposal is contrary to the provisions of General Policy 2 (b), (c) and (g) in the Isle of Man Strategic Plan 2007.

R 2.

The removal of the front wall would be a departure from the character of property frontages along Nursery Avenue. As such, the proposal is contrary to the provisions of General Policy 2 (b), (c) and (g) in the Isle of Man Strategic Plan 2007.

R 3.

The parking of vehicle(s) outside the front of the property will increase the intensity of noise pollution to the application property and immediate adjoining dwellings, subsequently reducing the level of amenity being achieved by the residents in those properties. As such, the proposal is contrary to the provisions of General Policy 2 (g) in the Isle of Man Strategic Plan 2007.

R 4.

The proposal would be a departure from existing parking arrangement on the application site, side of Nursery Avenue, and subsequently alter the nature of vehicle movement along Nursery Avenue which could adversely affect traffic flows, pedestrian and vehicle driver safety. As such, the proposal is contrary to the provisions of General Policy 2 (i) in the Isle of Man Strategic Plan 2007.