Officer Report

Application No.: 16/00857/B Applicant: The Design And Build Company Limited Proposal: Erection of a detached dwelling with garage Site Address: Plot 3 - Field 614664 Ballaragh Road Laxey Isle Of Man IM4 7PH Case Officer : Miss Abigail Morgan Site Visit: 26.10.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site comprises of a parcel of land that is located between existing residential development on Ballaragh Road in Laxey. The application relates to Plot 3, Plots 1 and 2 have been finished for some time.

2.0 PROPOSAL - 2.1 The application is for the erection of a detached split level dwelling with garage. Due to the sloping nature of the site the house is cut into the hill side and from Ballargh Road would appear as a bungalow, although there would be glimpses of the two storey element to the rear. The design is similar to Plots 1 and 2.

3.0 PLANNING POLICY - 3.1 The site is zoned for proposed predominantly residential use under the Laxey and Lonan Area Plan Order 2005 and is specifically designated as area 7. Paragraph 4.38 of the plan relates to the development of area 7, with policy L/RES/PR/6 setting out the local plan policy for the area. Specifically, policy L/RES/PR/6 states: "This land will be considered suitable for the development of a maximum of three new dwellings. Access and drainage arrangements must be made in accordance with the requirements of the Department of Transport. Prospective developers are advised to consult the Isle of Man Water Authority to ensure that an adequate supply of water may be provided to the development." - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two 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:

• (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."

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."

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of a number of previous planning applications for its development as residential; 06/01251/A - approval in principle for Plots 1 2 and 3 - Approved 06/01756/REM - reserved matters application for Plot 3 - Approved 10/01860/B - Erection of a dwelling (comprising amendments to 06/01756 REM) - Approved

5.0 REPRESENTATIONS - 5.1 DOI Highways - This proposal consists of a dwelling erected on a plot with an existing access constructed under a previous planning application. There is sufficient car parking provided. Highway Services does not oppose this application. 09.08.16.

6.0 ASSESSMENT - 6.1 This application seeks planning approval for the erection of a dwelling on the application site, and is a replica of the 2010 approval which has subdequently lapsed. - 6.2 The site is zoned for residential use under the Laxey and Lonan Area Plan Order 2005 and planning approval has been previously granted for same development to that currently under consideration. Therefore the principle of residential is acceptable in policy terms. - 6.3 It has been previously assessed that the development proposed is an acceptable form of development and would not adversely affect character of the area or affect local residential amenity. No significant material circumstances have altered since the original approval was issued.

6.4 Overall, the proposal is considered to be acceptable and is the same as the previously approved development and complies with General Policy 2 and Housing Policy 6 and the requirements of Laxey and Lonan Area Plan 2005. - 6.5 The conditions on the 2010 approval have been replicated.

7.0 RECOMMENDATION - 7.1 On the basis of the above the application is recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 03.11.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of the dwelling the vehicular access arrangements and sight lines must be set out in accordance with drawing no. HLK/10/0271/2 date stamped the 21 July 2016.

This approval relates to drawings HLK/10/0271/1, HLK/10/0271/2 and HLK/10/0271/3 all date stamped received 21 July 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 04.11.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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