DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00274/B Applicant: Mr & Mrs David and Caroline Kay Proposal: Revision to front parking area and location of access steps (retrospective). Site Address: Spindrift (formerly White Cottage) Pinfold Hill Laxey Isle Of Man IM4 7HN Head of Development Management: Mr S Butler Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.04.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development approved under PA18/00182/B (as amended by 21/00201/MCH) shall not be occupied until the means of vehicular access and parking area as identified on drawing number P-10-52 have been constructed/completed in accordance with the approved plans, and shall thereafter be retained for access/parking purposes only.

Reason: In the interests of highway safety and off street parking provision. This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guide. Plans/Drawings/Information; This decision relates to the following plans/drawings/information (received 07.03.2022):

• - Site Location Plan (drawing No. P10-50)
• - Previously Approved Site/Roof Plan (drawing No. P10-51)
• - Proposed Site Plan (Drawing No. P10-52) ______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site until recent time comprised the curtilage of a semi-detached dwelling (White Cottage) which was located on the eastern side of Pinfold Hill in Lonan. The site is bounded by the attached dwelling (Venture) to the north, the MER line to the east, a detached dwelling (Iona) to the south and the A2 highway to the west. There is a drop in levels of around nine metres across the site from west to east. Changes in levels throughout the surrounding area also mean that the dwelling adjacent to the south (Iona) is set at a level above the application site. However, in recent times the original dwelling was demolished and the site cleared and construction of a replacement dwelling has taken place.

2.0 THE PROPOSAL - 2.1 The proposed site plan shows:

• - Existing Boundary fence to 'Venture' property retained, including gate to lower level
• - Pre-cast concrete steps from entrance down to lower level to provide access to rear of property/maintenance access to gable of 'Venture' along Northern boundary.
• - 1200mm high timber fence to edge of parking apron (to South of steps) with access gate to top of steps to provide security and privacy
• - Parking apron paved in decorative concrete paviours providing parking space for 2 vehicles with access/turning within the curtilage
• - Max. 900mm high masonry boundary wall finished in self coloured render.

2.2 The previously approved arrangements showed steps to the South with some areas of landscaping/shrubs to the Southern boundary. - 2.3 The application form indicates that:

• - It is retrospective (work started 01/10/19)
• - There is an Enforcement Request to Investigate (20/00060/Plans)
• - It relates to revisions to front parking area and location of access steps
• - It is not within a Conservation Area, no trees or watercourse close by
• - There will be no change to the overall number of parking spaces (2), site levels or service and rainwater run off will be to existing

2.4 The form also indicates that the application is submitted to remove a breach of planning from previous application PA 18/00182/B with subsequent minor amendment application PA 21/00201/MCH (both approved) following a planning enforcement action (20/00060/Plans) which was closed out following a harm assessment (no harm determined), but with the advice to submit a retrospective application to remove the breach. This application is therefore submitted to remove the breach.

3.0 PLANNING POLICY - 3.1 The site is designated as Predominantly Residential in the Area Plan for the East (2020). The site is not within a Conservation Area or area identified as being at risk of flooding. - 3.2 Relevant Strategic Plan (2016) content is :

• - General Policy 2 sets out broad 'Development Control' considerations
• - Transport Policy 7 (and Appendix 7) set out parking standards - 2 for dwellings.

3.3 The Residential Design Guide (2021) contains guidance in relation to the design of works to residential properties.

4.0 PLANNING HISTORY - 4.1 18/00182/B - Erection of a dwelling (amendments to PA 12/01690/B) - approved 14.06.2018. The report stated at 6.3,

• "As for highway safety and car parking provision, in terms of parking provision the parking provision of the Isle of Man Strategic Plan 2016 generally seeks two spaces per dwelling, which has been provided on this site again. Highways Services have considered the parking provision and as well as the impact on the highway network and raised no objection. Accordingly, given these reason it is considered the proposal would be acceptable from these respects once again".
• 4.2 21/00201/MCH - Minor Changes application to PA 18/00182/B involving changes to windows, cladding and decking - Split Decision, the notice stating,

"NOTE The following works are considered to be acceptable under the Minor Change Application:

• - omission of two windows from north elevation
• - reduction of head and cill heights to window on north elevation
• - addition of timber clad access panel to north elevation
• - omission of upper ground floor south elevation window
• - relocation and size changes to lower ground floor south elevation window
• - omission of rear garden level deck/patio

NOTE The removal of the front boundary wall resulting in a material change to a vehicular access contravening Part 3 21 (2)(c)(iv) of the Town and Country Planning (Development Procedure) Order 2019. The relocation of an external staircase serving upper ground floor (UGF) and lower ground floor (LGF) to the northern side of the dwelling results in a change to a car parking area referenced in Condition 4 of the parent approval and contravenes Part 3 21 (2)(c)(v) of the Town and Country Planning (Development Procedure) Order

1. These elements are therefore refused".

4.3 It is noted that the refused elements were due to the scale of change and change of condition going beyond what could be approved under a minor change application.

5.0 REPRESENTATIONS - 5.1 DOI Highways (24.03.22) - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the provision of an electric vehicle charging point.

6.0 ASSESSMENT - 6.1 The main issues to consider are:

• - Impact on Parking/highway Safety
• - Impact on Streetscene
• - Impact on Neighbouring Properties

6.2 The proposal would still meet parking standards and, noting the comments from DOI Highways there are no concerns in terms of highway safety. It is not considered that the proposals will have an unacceptable impact in the street scene or neighbouring amenity. If anything, the proposals would appear to be an improvement for the occupiers of Venture as maintenance access would more easily be gained and privacy may be increased.

7.0 CONCLUSION - 7.1 The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guide.

8.0 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 the Director of Planning and Building Control 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 : 13.04.2022 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.