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Application No.: 08/00774/B Applicant: Mr Alan Teare Proposal: Extensions to dwelling with new driveway and access onto highway Site Address: - Garthcote - Ballakillowey Road - Colby - Isle Of Man - IM9 4BD ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: - Delegation ### Written Representations - Cronk Glass Ballakillowey Road IM9 4BD - Objects to the proposal - Cronk Glass Ballakillowey Road Colby IM9 4BD - Objects to the proposal ### Consultations - Consultee: Highways Division - Notes: Do not oppose - Consultee: Rushen Commissioners - Notes: No objection - Consultee: Chief Fire Officer - Notes:** Note received
The site represents the residential curtilage of an existing detached property situated on the corner of the A7 Main Road and the A36 Ballakillowey Road. The property faces south west and is a two storey house with single storey garage alongside. Vehicular access is from the A36 just to the north of the crossroads and pedestrian access from the A7.
The site extends to the north east to the rear of four existing properties - Cronk Glass, Aigh Vie, High Mount and Sheear all of which front onto the Ballakillowey Road. There is another detached property - Cronk Geayee to the west fronting onto the A7.
30 July 2008 08/00774/B Page 1 of 4
The site lies within an area designated on the Arbory and East Rushen Local Plan as Residential. PLANNING HISTORY Permission was sought for the construction of a storm porch which was permitted (PA 87/0607). THE PROPOSAL
Proposed now is the creation of a new access further up the A36 Ballakillowey Road, leading to the rear of the property. Also proposed are extensions to the property - at the rear in the form of a single storey entrance hall with vestibule and on the side a conservatory, also single storey.
REPRESENTATIONS
Rushen Parish Commissioners indicate that they have no objection to the application.
The owner of Cronk Glass objects to the proposed new access on the basis that the access will pass close to the bedrooms of his property and which could disturb the occupants of this room.
Department of Transport Highways and Traffic Division raise no objection to the proposal provided that visibility splays of 2m by 36m are provided in the new access.
The Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter.
ASSESSMENT
The proposed development should be assessed against residential policy RES/P/1 which states that "Within those area designated and developed for residential purposes, the Department will not generally oppose the principle of alterations and extensions of existing dwellings. Each application will however be judged on its own merits in the light of the appearance of the finished building and its impact on the surrounding area". In addition, the Strategic Plan, General Policy 2 states that
General Policy 2 states: "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 space 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 adverse 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."
The creation of the new access has not been the subject of an objection from the Department of Transport provided that visibility splays can be provided.
30 July 2008
08/00774/B
The owner of the adjacent property, Cronk Glass has raised concerns about potential disturbance and the applicant has been made aware of these concerns and has amended the plans to include the erection of fencing along the boundary with Cronk Glass and lowering the new access and also to link the new access with the existing to create and in and out system. The applicant estimates the level of the new driveway to be 2.35m below the level of the bedroom window in Cronk Glass and 2.4m from the new drive.
The objector does not accept that the fencing will reduce noise nuisance sufficient to overcome his concerns. However, it must be accepted that the property lies within a residential area, close to what is, at times, a busy roundabout and alongside a public highway where vehicles travelling up the road are accelerating and changing gear. As such the environment in which Cronk Glass sits is not entirely rural nor totally peaceful. There is no reason to presume that the creation of this new access will result in significantly more traffic visiting the site and it is debatable whether hard surfacing of parts of the existing curtilage would require planning permission. As such, the area available for parking could be extended, bringing vehicles closer to the adjacent property, without the need for planning permission.
Visibility of 2m by 26m is not likely to be available to drivers of vehicles emerging from the new access until the vehicle is abutting the carriageway. However, the applicant intends to use the new access as an entrance not exit so any deficiency in visibility will not be significant. There is no means of enforcing this proposed use of the new access. However, the access is not significantly different from many of the accesses onto this highway, many of which serve parking facilities which do not include turning space so vehicles either reverse into or from the site.
As such, it is considered that the works to extend and alter the property and to create the new access are not objectionable and should be permitted.
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.
The owner of Cronk Glass is directly alongside the site and as such should be afforded party status in this instance.
The Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter. The Fire Prevention Officer should not be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 30.07.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
30 July 2008
08/00774/8
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the alterations and extensions to the dwelling and the creation of new access and parking area, all as shown in drawings AWT-02, -/03 and -/04 all received on 15th April, 2008 and AWT-01 received on 27th June, 2008.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : Signed : M. I. McCauley
Director of Planning and Building Control
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