DEC Officer Report

Application No.: 21/00443/B Applicant: David Thomas Gibson Proposal: Installation of a K6 Telephone Kiosk Garden Feature Site Address: Chibbyr Dybber Spaldrick Avenue Port Erin Isle Of Man IM9 6PE Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.05.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. This decision relates to the installation of a telephone kiosk in the rear garden as shown as position A in the location plan and photographs 2, 3 and 4 all received on 9th April, 2021.

Reason: to clarify the extent of the approval: the applicant removed from consideration the other location in the front garden (position B and photographs 1 and 5).

This application has been recommended for approval for the following reason. The development complies with General Policy 2 and Environment Policy 36 and the Residential Design Guidance.

Plans/Drawings/Information;

This decision relates to the information, photographs 2, 3 and 4 and plans all received on 9th April, 2021 insofar as they relate to the location of the proposed telephone kiosk in the rear garden only.

_______________________________________________________________ Interested Person Status – Additional Persons

Department of Infrastructure is a Government Department which raises material planning considerations and as such should be afforded Interested Person Status in this case. _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the residential curtilage of an existing dwelling which sits at the eastern end of Spaldrick Avenue which is a cul de sac of ten or so properties, some semi detached and some detached with the road rising up from Spaldrick/Bradda Road. - 1.2 The application property is a modern, detached dwelling which has been extended over time with a first floor balcony on the front elevation and vehicular garaging underneath. The front wall abutting the unmade highway is relatively high with hedging along the boundary with the adjacent dwelling, Ballagrianey. - 1.3 To the rear is Rowany Golf Course separated from the residential curtilage of the application property by a high rendered wall. The site slopes downward from the golf course to the estate road. THE PROPOSAL

2.1 Proposed is the installation of a telephone box in the rear garden. The telephone box is

• 2.4m high with a square base of just under 1m. The applicant advises that a crane will lift the box into provision. Two potential positions were originally given - one in the front garden on the boundary with Ballagrianey and one in the rear in the centre of the rear boundary and close to it although the applicant has now confirmed that the only site to be considered is the one in the rear garden. PLANNING POLICY
• 3.1 The site lies within an area designated on the Area Plan for the South (2013) as Predominantly Residential and in an area of high risk of surface water flooding risk on the national flood risk maps. The proposed Conservation Area for the village runs to the rear of the properties which front onto the main road, separated from the application site by other dwellings and the building on the site is not Registered. There are no protected trees on site.

3.2 As such, the following parts of the Strategic Plan are relevant:

General Policy 2: "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".

3.4 The Department has published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This provides advice on the provision of vehicular parking, advising that the provision of this should not be at the expense of the loss of greenery in the streetscene which contributes to the character or appearance of the area.

3.5 Environment Policy 36 seeks to ensure that important views from and into the Conservation Area are not compromised by unacceptable development. PLANNING HISTORY - 4.1 The dwelling was approved under 84/01348/B with alterations and extensions approved under 93/01051/B, 09/01781/R and 18/01235/B.

• REPRESENTATIONS
• 5.1 Port Erin Commissioners confirm that they will discuss the application at their meeting of 11th May, 2021.

5.2 Department of Infrastructure's Flood Risk Management Division advise that there is no flood risk management interest in this application (06.05.21). - 5.3 Highway Services have no highway interest in the application (30.04.21).

ASSESSMENT

6.1 The issues in this case are whether the proposed telephone box would have an acceptable impact on the character and appearance of the area and the living conditions of those in adjacent properties.

6.2 The proposed location in the front garden would be more visible and potentially having more impact on the out look of those in Ballagrianey. The position in the centre of the rear garden is sufficiently distant from neighbours and not visible from the highway so will have limited, if any impact on the outlook or living conditions of those in either adjacent dwelling and will not affect the potential Conservation Area nor prejudice its designation. CONCLUSION - 7.1 The development is considered to accord with General Policy 2 and Environment Policy 36 of the Strategic Plan and the Residential Design Guidance. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 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 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 18.05.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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