DEC Officer Report

Application No.: 21/00803/B Applicant: Mrs Natasha Wooser Proposal: Installation of wooden fencing (retrospective) Site Address: 14 Mcleods Field Peel Isle Of Man IM5 1UX Planning Officer: Miss Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 25.08.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The application complies with General Policy 2 (b, c, g, h and i) and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 and the principles of the Residential Design Guide.

Plans/Drawings/Information;

This approval relates to Location Plan, Site Location Plan, 2 x Site Plan, 2 x photographs sheet, Rear elevation, Gable elevation and fencing detail drawing all date stamped and received 30/06/2021.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of 14 Mcleods Field, Peel an existing two storey dwelling forming part of a small estate of 35 houses. THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a new 1.4m high timber fence along the side and rear boundary of the dwelling. PLANNING HISTORY - 3.1 The application site has not been subject to any applications since its original development.

• THE DEVELOPMENT PLAN
• 4.1 The site falls within an area zoned as Predominantly Residential on the Peel Local Plan. As such, the proposal is to be considered against the relevant parts of General Policy 2 of the IOM Strategic Plan 2016, and also paragraph 8.12.1, consideration shall also be given to the recently released Residential Design Guidance 2021 Section 6.0 and Class 16 of the Permitted Development Order.

4.2 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;
• 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; m) takes account of community and personal safety and security in the design of buildings and the spaces around them

4.3 Paragraph 8.12.1 "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general." - 4.4 Town and Country Planning (Permitted Development) Order 2012 which allows for a certain level of development within the residential curtilage of a dwelling house.

"Class 16 Fences, walls and gates states (in part) The erection or alteration of fences, walls or gates within, or on the boundary of, the curtilage of a dwellinghouse. Conditions:

• (a) the general conditions applicable to Section A;
• (b) the height, of the fence, wall or gate must not exceed—

• (i) 1 metre if positioned nearer than the dwellinghouse to any highway which bounds the curtilage; or
• (ii) 2 metres in any other case;

• (c) any fence which is nearer to any highway than the dwellinghouse must be constructed of vertical posts with spaces between, and not be of a solid construction."

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

5.1 Peel Town Commissioners - no comments received as of (25/08/2021).

5.2 Department of Infrastructure Highway Services - Do not oppose (16/07/2021). - 5.3 No comments received from neighbouring properties. ASSESSMENT

6.1 The main issues to consider in this assessment of this case are the impacts of the proposed fence on the character and appearance of the existing dwelling and on the wider residential estate and streetscene.

6.2 The character of the small estate here is that the dwellings are clustered together quite close with fencing enclosing the rear gardens and the front gardens remaining fairly open lawned or paved for parking. There are some, including the application dwelling which sit internally to the cluster and on corner plots along the estate road where any enclosing feature for the rear garden would be visible. It would not be unreasonable to have some form of boundary treatment for a residential property and the PDO allows for this subject to conditions, primarily that anything along a public highway is no taller than 1m and if a fence this must be vertical posts with spacers. - 6.3 In this case you can see that fencing has been used at adjacent properties and is readily visible from several locations along the estate road, the proposal seeks to install a 1.4m tall fence along the boundary here which is undoubtedly just as visible as other fences in the area, the proposal will be 400mm taller than that allowed under the PDO, but given the circumstances of this small estate, the established fencing in the area and its vertical and spaced design would not present such an unreasonable 400mm increase so as to be out of keeping or to significantly detriment the character and appearance of the area or streetscene. - 6.4 DOI Highway Services have raised no concerns indicating no significant highway safety impacts as a result of the proposed fencing.

CONCLUSION

7.1 The erection of the timber fence around part of the residential curtilage is not expected to significantly impact the character of the residential area from the public highway or perspective as to cause unacceptable harm in this case. The application is considered to comply with General Policy 2 (b, c, g, h and i), Paragraph 8.12.1 and the principles of the Residential Design Guide. 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 above 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 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: 26.08.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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