Planning Officer Report

Planning Officer Report And Recommendations {{table:21666}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL BUT THE HIGHWAYS DIVISION HAVE OPPOSED THE APPLICATION.

The Application Site

1. The application site is the residential curtilage of a two storey terrace dwelling on Third Avenue, off School Road in Onchan. The application property has a small front garden area and a yard area to the rear. The front boundary of the site is defined by a 600mm high concrete wall. The adjoining property, No. 13, has a parking space to the front elevation of their dwelling, like many of the either side of the residential highway.

The Proposal

1. Proposed is the creation of a single parking bay in front garden of dwelling. In order to achieve this, 3 metres of the existing front boundary wall will have to be removed and 15 square metres of lawn area to be removed and finished in pea gravel. The parking space will be 5 metres long and 3 metres wide.

Planning History

1. Whilst the application site has not been subject of a previous planning application, neighbouring properties have been the subject of a number of previous planning applications, seven of which are considered specifically material to the assessment of this current planning application:

11/00514/B - Alterations, erection of extension, creation of hard standing and widening vehicular access, 17 Third Avenue – Permitted.

10/00352/B - Creation of a vehicular access and driveway, 28 Third Avenue – Permitted.

09/01851/R - Creation of off road parking, 27 Third Avenue – Permitted.

09/00628/B - Removal of front wall and creation of off road parking area, 14 Third Avenue – Permitted.

08/01578/B - Erection of a two storey extension to rear elevation and formation of hard standing and vehicular access to front elevation, 17 Third Avenue – Permitted.

07/00835/B - Creation of vehicle hard-standing and access onto highway, 19 Third Avenue – Permitted.

03/01604/B - Creation of a vehicle hard standing and access in front garden, 13 Third Avenue – Permitted.

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 have no objection to the proposal.

1. The Highways Division recommends refusal as it doesn't meet required parking standard. Space measures 2.5 metres wide by 4.9 metres long – the minimum expected dimensions are 6 metres long by 3.25 metres wide.

Assessment

1. The principle for the creation of parking bays in the front garden of properties on Third Avenue has evidently been established via the approval of 7 applications in recent years, and as such has evolved as a characteristic of the street-scene. As such, it is not considered that this proposal would further undermine the character of the street-scene. Whilst the Highways Division's concerns have been understood, it is considered it would be unreasonable to refuse the application on the basis of the size of the proposed parking space, particularly as many similar sized spaces have been approved in recent years and appear to function effectively without compromising road safety. Although it is accepted, the application property and neighbouring properties could suffer from a reduced level of general residential

amenity, should the application be approved, it is considered an existing situation within the street that is unlikely significantly alter the levels of residential amenity residents in the street already have. As such, on balance, it is considered the proposal complies with the relevant provisions of General Policy 2 in the Isle of Man Strategic Plan 2007 and therefore is acceptable.

Recommendation

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

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.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 10.09.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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. This approval relates to the creation of a vehicular access and car parking space in front garden of dwelling, as shown in drawing no. MR-01, received on 7th August 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: Permit Committee Meeting Date: 17/01/2012

Signed: [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑ YES / ☐ NO