DEC Decision Notice

Isle of Man

Government Isle of Man Government J S Associates 5 Cronk Y Berry Mooar Douglas Isle of Man IM2 6HJ

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mr Peter Russell Vaughan, Ref 13/00829/B, for the creation of a covered hard standing and erection of a dog pen enclosure at 46 Sea Cliff Road Onchan Isle of Man IM3 2JD subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Number 02 (proposed siting, elevations and floor plan) received on 16 July 2013; and Drawing Number 01 Revision A (site location plan) received on 08 August 2013.
3. The dog pen/structure hereby approved shall not be used other than for private purposes incidental to the enjoyment of the dwelling house and shall not be used for any commercial purposes.

Date of Issue: 3rd September 2013

M Kallyher

Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Officer's Report

Application No.:	13/00829/B
Applicant:	Mr Peter Russell Vaughan
Proposal:	Creation of a covered hard standing and erection of a dog pen enclosure
Site Address:	46 Sea Cliff Road Onchan Isle Of Man IM3 2JD
Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	07.08.2013
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is No. 46 Sea Cliff Road, Onchan. It is a large detached dwelling, being one of row of similar sized dwellings fronting the west side of Sea Cliff Road, next to the coast. There are neighbouring dwellings to either side and to the rear the site rises and backs onto King Edward Road. Sea Cliff Road is in front of the site beyond which is the coastal slope and views of the sea.

The Proposal

1. The application seeks planning approval for the erection of a covered hard standing to house a dog pen. The proposal is to be situated in the rear garden immediately behind the garage. It also includes the erection of a new path and retaining wall at the back of the garage to enable the construction of the covered hard standing.

1. The application red line originally included the whole of the dwelling and its curtilage. The submitted drawings showed alterations and extensions to the house approved under a previous scheme (12/01357/B). Since the application was not applying for these works again, the most expedient way to deal with this was to exclude them from the application red line. An amended location plan has been received accordingly and has been sent to Onchan Commissioners for information only as it doesn't alter the basic proposal.

Planning History

1. 12/01357/B – approval granted at appeal in 2013 for the erection of extensions and alterations.

1. There are various older decisions dating back to the 1980s, none of which are considered directly relevant to the current planning application.

Planning Policy

1. The Onchan Local Plan 2000 identifies the site and adjoining land as being predominantly residential.

1. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. REPRESENTATIONS

1. Onchan District Commissioners - recommend approval subject to the proposal being for private use only and not for commercial kennelling.

Assessment

1. The proposal is for a modest sized covered dog pen. It would be located in the back garden to the rear of the garage and would have no impact on the public realm.
2. The proposal would be situated on the boundary with the next door neighbour but would be 2.4 metres high - a little taller than the boundary wall - and a reasonable distance of 12 metres from the house. The physical structure would not therefore have an adverse impact on the neighbour's amenity.
3. There could be a potential noise issue if the dog/s kept in the pen on prone to regular barking, however in the vast majority of cases the keeping of a domestic animals for private purposes would be incidental to the use of the house. Moreover, a fallback is that the applicant could locate a moveable wooden kennel structure in the same area without the need for planning approval - the proposal in question requires approval because it is operational development and does not fall under any permitted development classifications. Onchan Commissioners wish that the dog pen is for private use only and not for commercial use. For the avoidance of doubt, a planning condition is recommended to limit the use to private usage only.

Recommendation

1. It is recommended that approval is granted.

Party Status

1. The following parties should be afforded Interested Party Status:

The Local Authority, Onchan District Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 02.09.2013

Recommendation:

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

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Number 02 (proposed siting, elevations and floor plan) received on 16 July 2013; and Drawing Number 01 Revision A (site location plan) received on 08 August 2013.

C 3. The dog pen/structure hereby approved shall not be used other than for private purposes incidental to the enjoyment of the dwelling house and shall not be used for any commercial purposes.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ S

Anthony Holmes Signed : $\qquad$ Sarah Corlett

Senior Planning Officer

Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00829/B Mr Peter Russell Vaughan Creation of a covered hard standing and erection of a dog pen enclosure, 46 Sea Cliff Road Onchan Isle Of Man IM3 2JD Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 18.07.2013, includes;

Dev Control Polygons: Reference Number: 85/00111/A Status: Permitted on Review Proposal: Approval in principle to the residential development of the White City Amusements Site, King Edward Road, Onchan Village Reference Number: 12/01357/B Status: Permitted Proposal: Alterations, erection of extension and installation of replacement windows to dwelling Reference Number: 89/01043/B Status: Permitted on Review Proposal: Construction of boundary wall/fence, 5 Sea Cliff Road, White City, Onchan. Reference Number: 13/00829/B Status: Pending Consideration Proposal: Creation of a covered hard standing and erection of a dog pen enclosure Reference Number: 89/00253/B Status: Permitted Proposal: Brick-up two side windows, 5 Sea Cliff Road, White City, Onchan, Reference Number: 85/01004/B Status: Permitted Proposal: Erection of three-bedroomed dwelling with double garage, Plot 5, White City Development, Onchan Head, Onchan

Site Note

• on weightbearing boundary, large garden, este

side. Sors

• no overhearing as long + walk/fence in situ
• annual noise in E140 noise.
• need reduced red line + blue line as

extensions shown on draw if but not par of mis opaccoms.

• red line to include new retaining wall, where

is in enginens garabia. Ed 7/8/13