Officer Report

Application No.: 15/01240/B Applicant: Mr Roger Cave Proposal: Erection of a dwelling Site Address: Site of Former Chris's Cottage Old Laxey Hill Laxey Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 01.12.2015 Site Visit: 01.12.2015 Expected Decision Level: Planning Committee

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY COMMITTEE AS LAXEY COMMISSIONERS HAVE OBJECTED TO THE PROPOSAL AND IT IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The application site is the curtilage of an existing dwelling known as Chris's Cottage, Old Laxey Hill, Laxey. The existing dwelling is detached and is single storey. The site is long and narrow and benefits from panoramic views towards the sea. - 1.2 This section of Old Laxey Hill is characterised by detached dwellings on one side and a grassed bank on the other. The Manx Electric Railway runs to the immediate north of the road. To the north east is a property known as Sea House which is a smaller single storey dwelling which has an almost flat roof design. This has a glazed conservatory to its rear elevation. Beyond this property is a further property known as Ballacurrie. This has a much steeper roof pitch and accommodation within the dormer space. The site and the surrounding area can be viewed from the other side of Laxey valley as demonstrated by the submitted photographs and montages.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the replacement of the existing dwelling with a two storey dwelling. The main ridge of the proposed building would run parallel with the road. The front and rear elevations of the building would both have a two storey projecting gable roof. The front elevation (seaward side) would have a large proportion of glazing and a number of balconies at first floor level. External finishes would be slate for the roofs, a mixture of smooth render and Manx stone cladding for the walls and uPVC for the windows. - 2.2 Two off street parking spaces would be provided to the south western end of the site. The outside area associated with the property would be relatively small although similar to that which serves the existing property. The proposed balcony areas would add to the outside amenity provided for the building.

3.0 PLANNING POLICIES - 3.1 The application site is located within an area that is designated as being 'Predominantly Residential Use' by the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area. - 3.2 Within the Isle of Man Strategic Plan, the following are judged to be relevant:

3.3 Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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."

3.4 Strategic Policy 2 states: "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." - 3.5 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 3.6 Spatial Policy 3 states: "The following villages are identified as Service Villages

• o Laxey
• o Jurby
• o Andreas
• o Kirk Michael
• o St Johns
• o Foxdale
• o Port St Mary
• o Ballasalla
• o Union Mills

Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

3.7 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."

4.0 PLANNING HISTORY - 4.1 The following previous planning applications are considered relevant to the determination of this proposal: - 4.2 12/00963/B - Erection of a replacement dwelling. Permitted (31.10.2012). - 4.3 08/01594/B - Extensions to dwelling and creation of parking bay (comprising amendments to 06/01159/B). Permitted. This is an extant approval which will expire 22nd October 2012. The approved extension would introduce a conservatory to the end of the property which faces Sea House. - 4.4 06/01159/B - Extension to dwelling and creation of parking bay and access onto highway. Permitted. - 4.5 98/01215/B - Erection of a replacement dwelling with parking bay. Refused on Review.

5.0 REPRESENTATIONS - 5.1 The Highways Division of the Department of Infrastructure does not oppose this application but makes the following comments (received on 17.11.2015): "Applicant is to ensure visibility splays of 2 x 23 metres are provided. Nothing must be planted or erected within the visibility splays which may exceed 1.05 metres in height." - 5.2 Laxey Village Commissioners recommend that this application be refused for the following reasons (received on 26.11.2015): "The development is over intensive for the site in question. It has an adverse impact on the visual amenity of the surrounding area and properties therein. The amount of parking provision proposed is inadequate for the size of property, therefore the proposal fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, Policy L/CP/PR/2.

The Development does not comply with or meet the criteria of the Isle of Man Strategic Plan, 6.2 Development within land-use zones General Policy 2 in that;

• b) it doesn't respect the site and surroundings in terms of the siting, layout, scale, form, design and

landscaping of buildings and the spaces around them.

• c) does affect adversely the character of the surrounding landscape or townscape.
• d) does affect adversely the amenity of local residents and the character of the locality."

6.0 ASSESSMENT - 6.1 It should be noted that approval has been given (12/00963/B) for a very similar property, in terms of footprint, size, scale, form and appearance. The Planning Directorate cannot accept applications for amendments and therefore in cases where amendments are required, a new application is required which considers the scheme afresh. However, significant material planning weight is attached to the previous approval which is extant on the site. - 6.2 The principal issues to consider in the assessment of the application are; the principle of developing the site for residential use; the potential impact upon the character and appearance of the area; potential impact upon neighbouring amenities; and potential impacts upon highway safety/parking provisions. THE PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL USE - 6.3 The starting point is to recognise the site is designated for residential development under the adopted Laxey and Lonan Local Plan. Furthermore, the principle of developing the site for residential purposes has been established under planning application 12/00963/B. Since the previous approval there have been no changes in policy. Accordingly, the land use designation and

planning policies which need to be considered now are the same as those considered in the previously approved application and therefore the principle of residential use on the site is acceptable.

THE POTENTIAL IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA

6.4 As indicated previously, the proposal in terms of scale, form, siting and appearance is very similar to what was recently approved. In terms of ridge height the proposal would replicate the same ridge height as the last approval, although the south-eastern roof section of the dwelling would be raised by 0.3 metres, albeit this would still be below the roof ridge of the main part of the dwelling. The proposal would also increase the width of the property by approximately 1.2 metres in a south-eastern direction, away from neighbouring properties. Other main changes, relate to the north-western elevation which faces the Old Laxey Hill road. In the previous application the proposed finish to the elevation was a 50/50 split with render and stone cladding. The new scheme was initially proposed to be painted render; however, after discussions the applicant whilst still wishing painted render, is suggesting a 50/50 split by painting the render in two different colours and also the window surrounds/reveals to be highlighted in order to provide a more interesting appearance to this elevation. They also highlight that part of this elevation is hidden given the raise of the road level which gradually increases as you travel up the Old Laxey Hill road. - 6.5 There are also a number of alterations to the window fenestrations in terms of sizes, amount and designs, albeit none cause any concern. The south-east elevation (sea facing) would result in the increase of built development in terms of the height, as the ground level immediately adjacent to the new dwelling would be dug downwards, more so than the previous approval. This does not alter the ridge height and the alteration would have little visual impact given views of this elevation are from distant views. - 6.6 It should be noted that the original dwelling on the site (now demolished) comprised of a modestly sized, single storey property. It was previously judged not to have any particular architectural, social or historic merit which would suggest that it should be retained and not being within a Conservation Area it was considered that the principle of its demolition and replacement was acceptable. - 6.7 The surrounding area displays a variety of house types of different ages and styles which adds to the character of the area. The proposed dwelling would be taller than the original dwelling and of a more modern design. However, as indicated previously the scale, form, size, siting and appearance is very similar to the previous approval. - 6.8 Overall, it is considered given the design, finish and general form of the proposed dwelling, it would not appear incongruous within its setting. The slope of Old Laxey Hill means that each house tends to be set below its neighbour although the relationship between Sea House and Ballacurrie is an exception to this due to the height of the latter. This does not however cause harm to the general appearance of the street scene. It is judged that the increase in height of the dwelling proposed compared to the existing would not unduly harm the character and appearance of the area. The previous application included photomontages which showed the relationship of the dwelling with its neighbours. Whilst this application has not included the same photomontages of the street scape, it is considered useful to note these photomontages, given the new proposed dwelling is very similar to the last approved scheme. Overall, it is considered the proposal would not appear out of keeping or overly prominent, nor adversely affect the character of the street scene and therefore comply with General Policy 2. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.9 In relation to the potential impacts upon neighbouring amenities (loss or light, overbearing impact upon outlook and/or overlooking), the property most likely to be impacted is 'Sea House' due to its proximity to the proposal site which would be approximately 4 metres to the north-east of the proposed dwelling. Again significant material planning weight is given to the extant approval which

• approved an almost identical form of development as proposed now. The only exception is the inclusion of a ground floor balcony to the rear elevation, which replaces a flat area of garden.
• 6.10 It was noted during the consideration of the previous application that the original dwelling (now demolished) had approval for a conservatory to be constructed close to the boundary with a glazed side elevation, the result of which would have been an increased level of mutual overlooking between Chris's Cottage and Sea House. It is also notable that the conservatory to the rear of Sea House also has a glazed elevation facing towards Chris's Cottage. Accordingly, it was considered previously that there was an existing level of overlooking which forms part of the current residential amenity of Sea House.
• 6.11 The proposed dwelling would have two balconies (ground and first floors) towards the end of the site nearest to Sea House. The ground floor balcony would have a depth of 1.5 metres. It is considered a 1.8 metre high obscure glazed screen should be installed to the gable elevation of this balcony to prevent overlooking. The first floor balcony would have a planter along the end elevation which could if plants were cultivated to a reasonably tall height provide some screening between the properties. This sized planter was originally proposed when application 12/00963/B was being considered. During the consideration of this application the applicant changed the design, increasing the width of the planter, which in turn reduced the potential of overlooking towards Sea House. Whilst the planter was considered appropriate previously, it is considered given the exposed position of the site, the likelihood of landscaping growing to a maturity and height to prevent overlooking is not guaranteed. Accordingly, it is considered more appropriate that a condition should be attached which requires a plan be submitted to the Planning Directorate which shows a 1.8 metre high obscure glazed screen, potentially curved in nature (i.e. gradually increasing in height), which should be installed prior to the occupation of the dwelling. This proposal would also prevent the perception of being overlooked, which may occur without a higher level screen than the 1.1 metre previously approved and planter. With appropriate conditions attached, it is considered the proposal would not result in significant overlooking to warrant a refusal.
• 6.12 In terms of the potential impacts through overbearing impacts and/or loss of light upon the neighbouring occupants of Sea House, again it is noted that the mass, scale, position and design of the proposed dwelling is very similar to the level of development previously approved. Whilst the proposal would have a greater impact upon the neighbouring property, compared to the now demolished original dwelling; overall, it is once again considered the proposal would not have significant impacts to warrant a refusal on these grounds. Accordingly, it is consider the proposal would comply with General Policy 2. POTENTIAL IMPACTS UPON HIGHWAY SAFETY/PARKING PROVISIONS
• 6.13 Any new dwelling is generally required to provide two off road parking spaces as listed within the Parking Standards of the Isle of Man Strategic Plan. This proposal would provide two off road parking spaces. The parking layout and access is also the same as previously approved. It is also noted that the original dwelling had no off-street parking provision and relied on the public highway for parking provision. Highway Services, as before, have no objection to the proposal. Accordingly, it is the proposal would be acceptable from these respects.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Laxey and Lonan Local Plan and therefore recommended for approval.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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;
• (d) The Highways Services of the Department of Infrastructure; 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: 14.12.2015 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. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided 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.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 3. Prior to the commencement of any works hereby approved a detailed scaled plan is required to be submitted to and approved in writing by the Department which shows a 1.8 metre high obscure glazed screen positioned at the north-eastern gable end of the ground floor and first floor balconies. This approved scheme is required to be erected prior to the occupation of the dwelling and maintained and retained thereafter. Reason: To preserve the amenities of the occupants of the adjacent dwelling.
• C 4. Prior to the commencement of any works hereby approved a detailed scaled plan is required to be submitted to and approved in writing by the Department which shows the externally painted finish of the north-western roadside elevation. This approved painting scheme is required to be finished prior to the occupation of the dwelling and maintained and retained thereafter unless otherwise agreed in writing with the Department.

Reason: To preserve the visual amenities of the area.

This approval relates to drawings reference numbers 1, 2, 3, 4, 5, 6, 7 and 8 all received on 12th November 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date: 04.01.2016

Signed :E Riley Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

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