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Application No.: 09/01597/B Applicant: Mrs Anne Simmons Proposal: Erection of a detached garage and creation of driveway and vehicular access Site Address: Almorah Fistard Road Fistard Port St. Mary Isle Of Man IM9 5HF ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: I have received a copy of a letter from Port St Mary Commissioners regarding the above application. I have looked at the site and the access, while close to the junction, is not unsafe. Vehicles approaching the junction on the side road are coming downhill and will be able to see a vehicle sitting in the access waiting to exit, similarly a vehicles waiting to exit will be able to see vehicles approaching down the hill. If a decision has not been made it may be prudent to include a condition that prevents the applicant from planting or erecting a fence within this area. Regards Hazel Fletcher Email 24/11/09 Consultee : Port St Mary Commissioners Notes: comment on behalf of Dot Drainage. 26.10.09 - DEFERRED. Consultee: Mr B J Boyle Notes: Comment
The site represents the curtilage of an existing dwelling which sits on the corner of Fistard Road, to the north of its junction with Clifton Road North. The property is a detached one, a hipped roofed
property which has permission for extensions and alterations (see below). The site slopes upward to the west.
The site lies within an area designated as Residential on both the Isle of Man Planning Scheme (Development Plan) Order 1982 and the draft Southern Area Plan published on 23rd October, 2009.
Planning permission was sought and granted for alterations to the dwelling under PA 08/2274 and the creation of a vehicular access under PA 09/0987.
Now proposed is the creation of a garage, which could be erected under the provisions of the Town and Country Planning (Permitted Development) Order 2005 and the creation of an in and out access system, using almost all of the space along the frontage with Fistard Road to the west, south and east of the dwelling. The existing boundary wall is 820 mm high and almost all the vegetation will be removed to provide visibility across this corner.
Department of Transport Highways and Traffic Division raise no objection but suggest that the applicant consult them regarding the provision of dropped kerbs across the new access
Port St. Mary Commissioners acting as the Drainage Authority raise no objection subject to provision of a condition that no surface water is to be discharged to the main foul sewer. The application proposes the creation of a soakaway which would address this and the permission of the Department of Transport Drainage Division would be required before connecting into the main sewerage system. As such, a condition is not necessary.
Port St. Mary Commissioners express concern that insufficient details have been provided of the visibility which will be available to drivers of vehicles emerging from the new lower entrance.
Whilst the removal of the vegetation within the front garden will remove greenery from the area, this vegetation is not protected and obscures visibility for those using the new entrance. Other properties further up Fistard Road have hard surfacing between the front of their properties and the road. As such the loss of vegetation which will ensue from this proposal is not considered a valid reason for refusing the application.
The Department of Transport Highways and Traffic Division has confirmed that the access is acceptable. A condition, as suggested requiring that no walling is erected (as could be introduced without planning permission, under the provisions of the Town and Country Planning (Permitted Development) Order 2005) and no planting introduced which would interfere with the proposed visibility splays.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Permitted
Date of Recommendation: 24.11.2009 24 November 2009 09/01597/B
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the erection of a garage and creation of new access and egress all as shown in drawing 64.3.09 and the site and location plans received on 29th September, 2009.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development Order) 2005, no walling nor planting may be introduced within the visibility splays shown on the approved drawing, which would obscure the said visibility.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : Signed : Senior Planning Officer
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