29 March 2016 · Committee
The Mariners, South Cape, Laxey, Isle Of Man, IM4 7jb
Permission was granted to demolish the existing part single, part two-storey detached house at The Mariners, South Cape, Laxey and replace it with three new detached dwellings. The site sits on a hillside off the New Road (A2), with the Manx Electric Railway running along its entire south-eastern boundary and the ground level of the site sitting above the railway. The application was considered by committee and approved on 29 March 2016, with seven conditions attached. The officer's report identified several planning issues to be weighed, including the principle of residential development, highway safety and parking, visual impact on the street scene, effects on neighbouring amenities, wildlife, the MER line, and the amenities of future occupants. The existing dwelling is largely screened from New Road due to the level differences on the hillside site, and views are mainly available from two points along Old Laxey Hill Road.
The Department of Environment, Food and Agriculture approved the application on 29 March 2016. The officer also recommended approval. Key issues considered included whether residential development of the site was acceptable in principle, the impact on highway safety and parking, the effect on the visual character of the street scene, and the proximity of the Manx Electric Railway line along the south-eastern boundary.
Development should make the best use of resources
requires development to optimise the use of previously developed land
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
New development will be located primarily within our existing towns and villages
indicates that new development will be located primarily within our existing towns and villages
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:
Development which is in accordance with the land-use zoning
the proposal would be an acceptable form of development and comply with General Policy 2
General Policy 2: 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 spaces 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 unacceptable 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. 6.3 Development outside of areas zoned for development
New housing will be located primarily within our existing towns and villages
New housing will be located primarily within our existing towns and villages
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.
New development on or around existing and former rail routes
Overall, it is not considered the proposals would adversely affect the views from or compromise the MER as a tourist attraction
Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. 11.3 Highways and Traffic 11.3.1 The ability of new and existing highways to safely and efficiently accommodate the traffic generated by new development is an important factor when considering the location and layout of new development. Not only must the tr affic routes involved be of a size which is capable of taking the projected volume of traffic but they must also be designed so that points of potential traffic conflict such as junctions and roundabouts are in an appropriate location and of a suitable des ign, including provision for pedestrians. The need for new and improved highways in order to facilitate new development must be balanced against the environmental objectives of this plan.
The new and existing highways which serve any new development
it is considered the proposal would be acceptable and comply with General Policy 2 and Transport Policy 4
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Laxey and Lonan Area Plan Policy L/CP/PR/2
fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/CP/PR/2
Policy L/S/PR/1
fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/S/PR/1
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The visibility splay(s) of 2.4m x 90 metres shall be constructed in accordance with the approved plans for each dwelling and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Condition 3
The developments hereby approved shall not be occupied until the parking and turn tables have been provided and in operation both in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times and the turn tables maintained in a working order thereafter.
Condition 4
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in all windows within the north-eastern gable elevations of the northern most dwelling and shall be maintained as such thereafter.
Condition 5
Prior to the commencement of any works, a detailed and scaled drawing is required to be submitted to and approved by the Department which shows 1.8 metre obscure glazing along the north-eastern elevation of the two upper floor balconies. This approved scheme is required to be erected prior to the occupation of the dwelling and maintained and retained thereafter.
Condition 6
Prior to the commencement of any works, detailed and scaled drawings are required to be submitted to and approved by the Department which shows details of the green gabion system or similar system along the entire south eastern boundary of the site (facing the MER lines). Such information should also include details of how the boundary development will provide usable habitat for bush crickets and details of how this will be maintained.
Condition 7
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
