Officer Planning Report

Considerations {{table:309049}} {{table:309046}} ### Written Representations ### Consultations {{table:309047}} {{table:309048}}

Officer's Report

The Application Site

The site 4 Christian Street, Ramsey, is located on a corner plot with Christian Street to the east and Taubman Street to the south.

Planning Policy

The application site is within an area recognised as being mixed use, more specifically residential and office use under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area.

Proposal

The application proposes the erection of gates at site entrance. The gate would have a width of 4.2 metres and a maximum height of 2 metres. The gate would be constructed of PHS vertical bars at 150 centres.

Representations

Ramsey Town Commissioners advise that they have no objection

The Department of Transport Highways Division:- Objection

The provision of gates will result in vehicles waiting on the public highway and cause congestion on this busy two way street in Ramsey town centre.

Assessment / Recommendation

Material Planning matters which need to be considered regarding this application include:-

1. Highway Safety

Highway Safety

The Permitted Development (Order 2005) states:- In addition, the aforementioned Order allows for the erection, construction or alteration of walls, gates and fences; outside the curtilage of a dwelling where on completion of the works; a) the height, as measured from ground level on either side of the fence, wall or gate, must not exceed:

• (i) 1m, where the fence, wall or gate is adjacent to a highway; or
• (ii) 2m, in any other case;

The objection by the Highway Department is a valid reason for objection; however due to permitted development, the applicant would be able to erect a gate with the same width but with a height no more than 1 metre without planning permission. If this was to occur the concerns of the Highway Department would still occur. I therefore believe that a refusal on this ground would be unsustainable at an Appeal.

I am also of the opinion that the gate would more likely be left open during opening hours, due to members of the public visiting the site (funeral Directors) and therefore the only time that possible congestion (due to the opening of the gate), would occur would be when the site is opened and closed.

For these reasons the proposal would seem appropriate in this location and therefore my recommendation is for an approval.

Party Status

I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

The Ramsey Commissioners Highways Division

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	07.12.2006
Conditions and Notes for Approval / Reasons and Notes for Refusal
7 December 2006	06/01439/B
Page 2 of 3

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 submitted documents and drawings 01439/1 and 5263/1 all received on 22nd August 2006.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date : 5/12/06

Signed : M. I. McCauley Director of Planning and Building Control