20 January 2016 · Committee
Land Adjacent To, Westdene, Croit E Quill Road, Laxey, Isle Of Man, IM4 7jj
Planning permission was granted for the erection of a detached dwelling on land adjacent to Westdene, Croit-e-Quill Road, Laxey, Isle of Man. The site sits on the eastern side of Croit-e-Quill Road near its junction with Ballacollister Road in Lonan, sloping significantly to the southeast and characterised by well-treed surroundings, though the site itself has limited vegetation. The application was considered against a range of planning issues including the design of the proposed dwelling, its potential impact on neighbouring living conditions, highways access and parking, the scale of development relative to the site, trees and wildlife, and surface water runoff. Permission was granted by the Committee on 20 January 2016, subject to six conditions. The officer's recommendation was also to permit the development.
The application was permitted by the Department of Environment, Food and Agriculture, subject to six conditions. The officer also recommended approval, and the decision aligns with that recommendation. Key planning matters considered included the design of the dwelling, its impact on neighbouring living conditions, and highways access and parking.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of trees within the study area including instances where this is proposed in order to facilitate development.
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
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
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality.
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Housing Policy 6
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
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 existing trees as shown on Drawing 4, date-stamped as having been received 18th November 2015, shall be retained. Any trees that, within a period of five years from the date of this approval notice, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Condition 3
The proposed planting as shown on Drawing 4, date-stamped as having been received 18th November 2015, shall be carried out prior to the occupation of the dwelling hereby approved. Any trees or plants indicated on Drawing 4 that, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Condition 4
The proposed bathroom windows on the northwestern elevation facing the dwelling currently known as "Westdene" shall be glazed with obscure glass to Pilkington Level 4 or equivalent and permanently retained as such.
Condition 5
The visibility splay as shown on Drawing 5, date-stamped as having been received 18th November 2015, shall be constructed in accordance with the approved plans prior to the occupation of the dwelling hereby approved, and shall thereafter be kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Condition 6
No site works or clearance shall be commenced until a plan showing the intended location of protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) has been submitted to and approved in writing by the Department. No site works or clearance shall be commenced until those protective fences have been erected in accordance with that plan and unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, and there shall be no entry to those areas except for approved arboricultural or landscape works.