Loading document...
Application No.: 16/00205/B Applicant: Mr Mike Brereton Proposal: Erection of a detached dwelling (comprising amendments to approved PA 12/00658/B) Site Address: Land Adjacent To Westwood New Road Laxey Isle Of Man Case Officer : Mr Chris Balmer Photo Taken: 10.03.2016 Site Visit: 10.03.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site comprises a parcel of land located on the southern side of New Road in Laxey. The site currently forms part of the residential curtilage of an existing dwelling known as Westwood. - 1.2 The land contained within the application site rises significantly from east to west, with a difference of over 12 metres between the northern and southern corners.
2.0 THE PROPOSAL - 2.1 The proposal comprises the erection of a detached dwelling on the application site. The proposed dwelling is a split level design to take account of the levels across the site. On-site parking for two cars is provided within an integral garage and vehicular access onto New Road would be shared with Westwood.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a single previous planning application which is considered specifically material to the assessment of this current planning application: - 3.2 Erection of a detached dwelling - 12/00658/B - APPROVED - 3.3 The land directly adjacent to the application site to the north, which comprises the curtilage of The New Inn and adjoining land, has recent been granted planning approval under application 14/00349/B for the replacement of Public House with four detached dwellings with associated parking.
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The plan contains one policy that is considered specifically material to the assessment of this current planning application. - 4.2 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
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division do not oppose the planning application (received on 26.02.2016).
6.0 ASSESSMENT - 6.1 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Furthermore, the application is a re-submission of a previous approved application. As such the general principle of residential development is concluded to be acceptable. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability. - 6.2 As the application site currently forms part of the residential curtilage of an existing dwelling it is necessary to consider whether the sub-division of the existing curtilage to form two separate curtilages is acceptable. In this instance the proposal does not represent backland development as the existing and proposed properties would be side by side, each with their own road frontage. Such arrangement does not present the same problems or issues that front to rear backland development often does. It is concluded that the sub-division of the one curtilage to form two separate curtilages is acceptable.
6.3 In terms of impact on public amenity the primary consideration is the appearance of the proposed development within the street scene. It can be seen that the surrounding area contains a wide variety of dwellings and other buildings of different designs, ages and sizes. It is reasonable to say that there is no one overriding design style that should be slavishly followed. The design of the proposed dwelling takes full account of the sloping nature of the application site to result in a split level dwelling of an interesting and imaginative design. Two photomontages of the proposed development have been submitted with the planning application. These provide a useful illustration of how the proposed dwelling will appear within the street scene. It is concluded that the proposed development will have an acceptable impact within the overall street scene and that the consequential effect on public amenity is acceptable. - 6.4 A number of trees have been felled within the application site prior to the submission of the previous planning application. This felling has been done in agreement with the Department of Environment, Food and Agriculture. The proposed development does require the felling of one remaining tree but it is understood that a felling licence already exists for that tree. Irrespective of the existence of the felling licence it is considered that the loss of one tree on the application site does not harm public amenity to an extent that would sustain refusal of the planning application. - 6.5 As for impact on private amenity, there are two properties that could be reasonably said to be possibility affected by the proposed development, one being Westwood and the second is the closest dwelling which was recently approved on the New Inn site to the northwest of the site. It should be noted no works appear to have been undertaken on the New Inn site. - 6.6 In terms of the impact upon Westwood, given the positioning of the proposed dwelling, general distances involved, orientation of rooms and positioning of windows it is concluded that the private amenity of the existing dwelling would not be unduly affected. The submitted drawings show the boundary division between the existing and proposed properties, running from middle of the back of the site to approximately to the driveway serving Westwood. It does not detail precisely how this would be achieved but a fence up to two metre high, could adequately serve the necessary purpose, could be erected along this boundary under the provisions of the Town and Country Planning (Permitted Development) Order 2012. This matter can be appropriately dealt with by condition if planning approval is granted. Accordingly, it is not considered the proposal would impact adversely the residential amenities of Westwood. - 6.7 Regarding the potential impacts to the closest dwelling approved on the New Inn site; there will be an impact as the proposed main dwelling would be set above and behind that of the approved dwelling. The proposed roof terrace above the lower level garage would also run parallel with the boundary shared with this site and would again set above the ground and garden level (raised area). There is the potential for overlooking form the gable end windows within the North West elevations, namely from the first floor windows. These should therefore be obscure glazed. They are either bathroom windows or secondary window to a bedroom. There is also the potential overlooking from the proposed roof terrace above the garage. It is considered a 1.5 metre high obscure glazed balustrades along the garden terrace would prevent such overlooking. Normally a 1.8 metres high fence/wall would be required to prevent overlooking. However, given the garden/yard areas of the recently approved dwelling are set below the ground level of the terrace; a 1.5 metre fence would prevent views and suffice in this instance. The applicants have no objections for conditions to be added. - 6.8 It is also noted that previous approval (PA 12/00658/B) for the same scheme as current proposed, was in place when the New Inn site was approved (14/00349/B) recently and no objections have been received by the owners of the New Inn site. - 6.9 In terms of the level of accommodation contained within the proposed dwelling is relatively modest but the quality of that living accommodation is good, with primary rooms enjoying good levels of light and pleasant outlook. The proposed property has an equally modest level of amenity
7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, impacts upon neighbouring amenities, or result in significant impact upon the on street parking in the area. It is therefore recommended that the application be approved.
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:
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:
13.04.2016
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
This approval relates to drawings reference numbers 01, 02, 03, 04 and SVY-1 REV A all received on 22nd February 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: 15.04.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
