DEC Officer Report

Application No.: 19/01032/B Applicant: E & J Properties Ltd Proposal: Erection of replacement detached garage and widening to vehicle access Site Address: Kimberley Athol Park Port Erin Isle Of Man IM9 6ES Planning Officer: Mr Paul Visigah Photo Taken: 30.09.2019 Site Visit: 30.09.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.11.2019 _________________________________________________________________

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 driveway leading to the garage shall be a minimum of 5.5m from the back of footway. Reason: In order to reduce the potential of a vehicle obstructing the footway.

N 1. A section 109a agreement is required for the alterations to the footway/kerbs on Athol Park.

Plans/Drawings/Information;

This approval relates to drawing numbers 19/26/01 and 19/26/02 date stamped and received 18 September 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report SITE

1.1 The site is the residential curtilage of an existing dwelling situated on the northern side of Athol Park, Port Erin. The dwelling is half of a pair of semi-detached houses which back onto the stream and Athol Park Glen. The house is a two storey painted spar dash rendered house with bow windows with parking space to the left hand side of the property with a flat roofed detached garage at the end of the two car long driveway. The same arrangement can be found on the house to the right, Park House. - 1.2 The front garden is partly enclosed by a spar dash rendered masonry wall that is about 1m high which opens up at the entrance to the driveway and gated pedestrian access linked to the enclosed porch by a 1m wide walkway. The existing driveway is sized to accommodate tandem parking for two vehicles. - 1.3 The streetscene is very mixed with a continuous terrace of uniform properties on one side and a much more varied on the other with various vehicular openings. THE PROPOSAL

2.1 There are several aspects to the proposal, the first of which is the demolition of the existing garage (3m x 5m) and the erection of a garage that would be 3.3m x5.5m; placed 6m from the site boundary (the previous garage was 14m away from the site boundary). This garage would be 2.4m high (same as the existing) and would have a roller shutter door at the entrance. A window 900mm x 900mm and a door 900m x 2.1m will be installed on the right side elevation. This flat roof garage will be finished in painted masonry render to mirror the existing garage. - 2.2 Additional works would include the expansion of the parking area by 5.8m into the front garden. This parking area will be 10m deep; providing sufficient room for parking and turning of vehicles. Also, the vehicular access and drop kerb would be extended to 4m; 1m wider than the existing. The modifications to the parking area will cover a footprint of about 34sq.m which is 42.5% of the existing front lawned garden.

PLANNING HISTORY

3.1 There is no planning history on file for this site, and no planning history for the surrounding area is considered to be materially relevant to the assessment of this planning application. PLANNING POLICY

3.1 The site is within an area designated on the Area Plan for the South 2013 as being Predominantly Residential use. The site also lies within the proposed Port Erin Conservation Area. Given the nature of the proposals it is relevant to considered General Policy 2 and Environment Policy 35 of the IOM Strategic Plan in the assessment of the application. - 3.2 Given the land use designation, General Policy 2 (in part) of the Isle of Man Strategic Plan 2016 applies "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."

3.3 Whilst not planning policy, the Department's recently published Residential Design Guidance (March 2019) is referenced in this report and is capable of being a material consideration.

3.3.1 Residential Design Guide - DEFA - July 2019 states: "Proposals which result in the loss of more than 50% of the existing front lawned/landscaped garden will not normally be supported, to ensure the character of the street scape is retained and avoid frontages of properties appearing as one large car parking area, detrimental to the appearance of the street scene and to the outlook of residents. It is important that the design of a driveway maintains a balance between hard and soft landscaping and contributes positively to the street scene. Proposals are unlikely to be supported where they do not meet the following guidelines:

• i. the area intended for the driveway should be the minimum space necessary (see the Manual for Manx Roads);
• ii. where possible, separate pedestrian access should be retained/provided (existing gates should normally be retained and any new gates should not open out over the highway);
• iii. consideration should be given to a strip of grass or gravel placed in the centre of the hardstanding can hide leaked oil and maintain the look of a front garden; and
• iv. parking spaces should be avoided directly in front of any Primary Window as the resulting outlook can be undermined by the presence of parked cars."

3.4 Section 11.6 Manual for Manx Roads

• 11.6.2 The minimum recommended distance between the front of a garage and entrance gates is 7.0 m. Where entrance gates are not to be erected this distance can be reduced to 6.0 m. The minimum recommended length of any parking space within the curtilage is 5.5 m. These requirements should be regarded as essential on primary routes and classified roads, as these routes tend to be busier and, on occasion, high speed, meaning that any vehicle parking in the carriageway whilst gates or garage doors are opened would potentially conflict with moving traffic. Where a development is located on the unclassified road network, lower distances will be considered.
• 11.6.3 If the driveway is to be used as both vehicular and pedestrian access to the dwelling, the parking area should have a minimum width of 3.4 m; otherwise the width can be reduced to a recommended minimum of 2.5 m, unless adjacent to boundaries when the recommended minimum width is 3.0 m.
• 11.6.4 Where a property is to be divided into several residential units, which increases parking requirements, a communal parking area may be provided.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose subject to condition' (DNOC) in a letter dated 11 October 2019. The comments: The proposal will result in the widening of an existing access and the construction of a new garage. The proposal are considered acceptable subject to the following condition: The driveway leading to the garage shall be a minimum of 5.5m from the back of footway. Reason: In order to reduce the potential of a vehicle obstructing the footway. Please also attach a section 109a application form for the necessary alterations to the footway/kerbs on Athol Park

5.2 DEFA's Arboricultural Officer although consulted on 25 September 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. - 5.3 Port Erin Commissioners confirmed in a letter dated 30 September 2019 that the application will be discussed at its board meeting on 8 October 2019. However, as at the time of drafting this report no comment has been received. ASSESSMENT

6.1 The key considerations in the assessment of this application are the potential for impact on the neighbours, and the visual character and appearance of the site and street scene, as well as impact on parking. - 6.2 Character and Appearance

• 6.2.1 From the front part of the site, the proposed works would be visible, given the position of the work area from the abutting highway. Equally, the proposed garage with its flat roof would be a conspicuous addition to the streetscape; however, it would not result in unacceptable detriment to the character of the street scene which features numerous flat roofed garages on the frontages of sites. It is considered that due to the design, scale and finishing of the replacement garage, it would seamlessly integrate into the street scene and serve as a fitting replacement for the existing garage. As such, the proposal would respect the existing dwelling and the streetscene in terms of its scale, form and design and would therefore accord with General Policy 2 (b&c).
• 6.2.2 The recently approved Residential Design Guidance makes it clear that hard surfaced car parking should not dominate the plot or the streetscene and the general guidance is that this should occupy up to a maximum of 50% of the frontage. In this case the increase in the hard surfacing will be less than the stipulated maximum of 50% of the frontage and as such will have a negligible impact on the character of the plot which will still have a considerably large green turf on its front and side garden. Based on the foregoing, the proposal would not appear unpleasant or detract from the existing character and appearance of the dwelling. Accordingly, in terms of the visual appearance of the proposal, it is considered acceptable in accordance with General Policy 2 (b), (c), & (g). 6.2 Neighbouring amenity

• 6.2.1 The key issues to consider in this regard are the risks of overlooking, overshadowing or overbearing resulting from the development.
• 6.2.2 The risk of overshadowing or overbearing of any building close to the boundary of a neighbouring terraced property is often high. However, in this case, there is a visual break created by the garages to the side, beside the fact that the garage would be a single storey development which would mirror the scale, height and design of the abutting garage, in addition to being positioned directly adjacent to the abutting garage. As well, there is no window on the rear elevation or the elevation on the boundary and as such no overlooking, unacceptable loss of light or overbearing impact can result from the proposed development. Moreover, the works will not affect any hedging or boundary markers that would have raised privacy concerns. 6.4 Parking and Highway Safety

• 6.4.1 The existing driveway provides room for two vehicles off the road, parked in tandem with the current application seeking to enlarge this area to allow for up to 2 vehicles to park on the hard standing area, besides the parking in the garage; with sufficient turning space. This provision is in excess of the 2 spaces required by the IOM Strategic Plan and would improve on the existing parking, in addition to enabling vehicles to safely exit the site in so that a car can enter and exit in forward gear. The relocation of one of the piers and sections of the wall

would increase visibility when using the driveway and consequently improve highway safety when exiting the property, thus conforming to General Policy 2h and 2i.

CONCLUSION

7.1 The proposal is considered to have an acceptable impact in terms of both visual amenity and general highway safety and therefore the application 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:

• (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
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 04.11.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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