2 October 2020 · Delegated
Pinfold Cottage, Pinfold Hill, Laxey, Isle Of Man, IM4 7hn
The application proposed varying conditions 3 and 4 of an earlier permission to allow the holiday accommodation units within the curtilage of Pinfold Cottage, Pinfold Hill, Laxey to be used for longer lets of up to two years, effectively enabling permanent residential occupation. The decisive planning concern was that the units, by reason of their size, layout, and close relationship with the adjacent main dwelling and other tourist units, would not provide a satisfactory standard of amenity for permanent residential use. The officer found that no remedial measures could be installed to address the overlooking issues, meaning the lack of privacy was an inherent and unresolvable problem. The proposal failed to meet General Policy 2 of the Isle of Man Strategic Plan 2016, specifically the requirements for satisfactory amenity, privacy, and a neighbourly living environment.
The units were refused because their size, arrangement, and proximity to the adjacent dwelling and other tourist units would create an unacceptably low level of privacy and an unneighbourly living environment. The officer concluded that no remedial works could resolve the overlooking, making the units fundamentally unsuitable as permanent dwellings. This breached General Policy 2 (b), (g), and (j) of the Isle of Man Strategic Plan 2016.
Refusal Reasons
General Policy 2 of the Isle of Man Strategic Plan 2016
do not comply General Policy 2 (b), (g) and (j)
L/RES/PR/1 of the Laxey and Lonan Local Plan 2005
relevant to this assessment
L/RES/PR/14 of the Laxey and Lonan Local Plan 2005
relevant to this assessment
L/RES/PR/15 of the Laxey and Lonan Local Plan 2005
relevant to this assessment
Strategic Policy 1 of the Isle of Man Strategic Plan 2016
strategic policies laid out in section 4
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 2 of the Isle of Man Strategic Plan 2016
strategic policies laid out in section 4
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Housing Policy 4 of the Isle of Man Strategic Plan 2015
strategic policies laid out in section 4
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Transport Policy 7 of the Isle of Man Strategic Plan 2016
strategic policies laid out in section 4
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
demolition of outbuilding and erection of replacement building to provide tourist accommodation
Demolition of existing garage and erection of a replacement garage with ancillary accommodation above and alterations to garden to increase parking provision and formation of a turning area
Demolition of outbuilding and erection of replacement dwelling to provide tourist accommodation (comprising amendments to PA 07/01484/B)
Erection of a two storey extension to provide holiday accommodation and a water wheel
