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The application site comprises a parcel of land within the north east corner of field 614729, which is located opposite the junction of Highfield Drive with Baldrine Road in Baldrine, Lonan.
The planning application seeks approval of the reserved matters (08/01442/A) for the erection of a dwelling with ancillary living accommodation and garage on the application site.
The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:
PA 08/01442/A sought approval in principle to erect a dwelling with ancillary living accommodation and garage on the application site. This previous planning application was approved on the 12th February 2009 and following a subsequent extension of time is due to expire on the 12th February 2013. The following conditions were attached to the approval in principle.
Condition 1:
"This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application."
Condition 2: "This approval relates to the land defined by the red line of location plan and site plan date stamped the 21st July 2008."
Condition 3: "The proposed development must be connected to the main foul sewer."
Condition 4: "There must be no discharge of surface water from the proposed development to the main foul sewer."
Condition 5: "The dwelling shall be sited and designed to take account of its rural location and the residential amenity of the existing surrounding properties."
Condition 6: "Vehicular access, parking and visibility standards shall be provided in accordance with Manx Roads 1."
Lonan Parish Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division do not oppose the planning application. The Isle of Man Water and Sewerage Authority do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application.
The owner and/or occupant of Thie Bane, which is located approximately 110 metres north east of the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the eventual occupation and future use of the dwelling, the height and general appearance of the dwelling, drainage provision for the proposal, and general disturbance during construction. They highlight their belief that the countryside should be protected from inappropriate development.
The owner and/or occupant of Gruachan, which is located directly opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the eventual occupation and possible future use of the dwelling, the overall design of the dwelling and the capacity of infrastructure to serve the proposal. They highlight their belief that the countryside should be protected from inappropriate development.
The owner and/or occupant of Baldrine Cottage, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed dwelling is positioned too close to their property, resulting in loss of light and general harm to their private amenity.
In terms of local plan policy, the application site is located within wider area of lands that are designated as (a) proposed predominantly residential use (Area 10); and (b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. In respect of residential development, paragraph 4.47 relates to the development of this land and the adjoining land for educational purposes states:
"The Department would not object however, to the development of further individual dwellings between 'Baldrine Cottage' and 'Broad Clyst' on the southern side of the Baldrine Road to infill between these two existing properties."
Paragraph 4.68 states that Area 10 is likely to yield around 5 dwellings, but identifies it as one of the sites unlikely to come forward during the life of the plan due to potential difficulties in connecting into the mains drainage system.
The Laxey and Lonan Area Plan Order 2005 contains three policies that are considered specifically material to the assessment of the planning application:
Policy L/RES/PR/1 states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/S/PR/1 states:
"No development will be permitted where the sewage produces as a result of the development cannot be dealt with in a manner to the satisfaction of the Department of Transport and Department of Local Government and the Environment."
Policy L/S/PR/2 states:
"Where development is proposed and it may be connected into the existing foul sewage system, the Department will require that all foul sewage is directed to the public foul sewer with no discharge to any surface water systems and that no surface water is discharged into the public foul sewers."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:
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:
Housing Policy 4 states:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
Housing Policy 6 states:
"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
The planning application seeks planning approval of the reserved matters (08/01442/A) for the erection of a dwelling with ancillary living accommodation and garage on the application site. In addition to the completed forms and drawings the submitted application includes a design and access statement setting out the applicant’s thought process behind the proposal.
The principle of residential development on the application site was established by the approval of previous planning application 08/01442/A, which accords with the designation of the land for residential development under the local plan. The main role of this current planning application is therefore to assess the site specific acceptability of the proposed development.
The starting point for assessment is the conditions attached to the approval in principle, the wording of which are set out earlier in the planning history section of this report. The first two conditions are standard conditions and have been met by the submitted planning application. Similarly the specification of the proposed development meets the requirements of condition no.s 3, 4 and 6. Condition no. 5 requires a degree of subjective judgement and basically equates to an examination of the impact of the proposed development on public amenity and private amenity.
In terms of impact on public amenity it is necessary to acknowledge the wide variety of house sizes and designs contained within the area surrounding the application site. As such it would be difficult to direct the design of the proposed dwelling towards one particular design. The proposed development has been designed using sustainable principles to reduce energy requirements and on-going costs, with the orientation and positioning of the proposed dwelling reflecting this. The resultant development is concluded to have an acceptable impact on public amenity.
As for impact on private amenity the main property that could be reasonably said to be potentially affected by the proposed development is Baldrine Cottage, which directly adjoins the application site. Whilst the proposed development is taller than Baldrine Cottage it is considered that there is sufficient distance between built development so as to avoid unacceptable impact on the private amenity of the existing property. The distance from the proposed development to other existing properties within the surrounding area is more than sufficient to ensure that no other impact on private amenity.
Turning to other issues raised within representations it should be noted that references to the dwelling being an agricultural worker’s dwelling are incorrect as the land is designated for residential development and there are no planning reasons to restrict occupation. The fact that the applicant is from a farming background is purely coincidental in this instance. The planning application seeks planning approval for residential development and no commercial use of the property would be granted by the approval of this planning application. It would appear that comments regarding access being suitable for delivery vehicles have been misconstrued as meaning a business would be run from the property. In any event subject to the specifics of fact and degree any future commercial use of the property would require planning approval. Drainage and general infrastructure provision is concluded to be acceptable on the basis that the respective authorities and providers do not oppose the planning application. Finally, disturbance from construction is not normally viewed as a material planning consideration as such impact is short term and not permanent.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Recommended Decision: Permitted Date of Recommendation: 05.05.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawing no.s DF-1 rev. C, DF-02 rev. B, DF-03 rev. G, DF-04 rev. J, DF-05 rev. H, DF-06 rev. A, DF-10 rev. H, DF-11 rev. H, DF-12 rev. J, DF-13 rev. G and D-17 date stamped the 17th February 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made: Permitted Date: 24/5/11
Signed: _________________________ Senior Planning Officer
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