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.
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.
The Proposal
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.
Planning History
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
The land directly adjacent to the application site to the north, which comprises the curtilage of The New Inn and adjoining land, is currently the subject of a planning application (12/00749/B) seeking planning approval for the erection of six dwellings. At present, this planning application is under consideration and no decision has yet been made.
Planning Policy
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.
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 sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/OSNC/PR/6 states:
"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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is 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."
Representations
Laxey Village Commissioners recommend that the planning application be approved.
The Department of Infrastructure Highways Division do not oppose the planning application.
The Isle of Man Water and Sewerage Authority do not oppose the planning application.
The Manx Electricity Authority expresses an interest in the planning application. The grounds for their interest relate to non-planning related considerations.
The Isle of Man Fire and Rescue Service express an interest in the planning application. The grounds for their interest relate to non-planning related considerations.
Assessment
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. 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.
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 true 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.
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.
A number of trees have been felled within the application site prior to the submission of the 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.
As for impact on private amenity the only property that could be reasonably said to be possibility affected by the proposed development is 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 two metre high fence, which would adequately serve the necessary purpose, could be erected along this boundary under the provisions of the Town and Country Planning (Permitted Development) Order 2005. This matter can be appropriately dealt with by condition if planning approval is granted. 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 space associated to it but this level of space is not concluded to be unacceptable given the overall size of the proposed dwelling.
As for highway safety and car parking issues it can be seen that the proposed development does result in a shared vehicular access onto New Road but it is considered that this is not to the detriment of either the existing or the proposed dwelling, both properties have their own vehicle turning areas. Visibility from the application site onto New Road has been assessed by the Department of Infrastructure Highways Division and concluded to be acceptable. The proposed property has two on-site car parking spaces provided within an integral and the existing dwelling retains two on-site car parking spaces within its curtilage. The level of car parking meets the minimum requirements of the Isle of Man Strategic Plan 2007.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Laxey Village Commissioners; and
The Isle of Man Water and Sewerage Authority.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
Recommendation
Recommended Decision: Permitted Date of Recommendation: 19.06.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s SVY-1 rev. A, 01, 03, 04 and 05 date stamped the 30th April 2012.
C 3. Prior to the commencement of development details of a boundary fence between the application site and the adjoining property (Westwood) must be submitted to and agreed in writing by the Planning Authority. The agreed boundary fence shall be erected prior to the first occupation of the dwelling and maintained as such thereafter.
C 4. Prior to the occupation of the dwelling the visibility splays onto New Road must be set out and thereafter maintained in accordance with drawing no.s 03 and 05 date stamped the 30th April 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made: Permitted Date: 2014/12
Determining officer (delete as appropriate)
Signed: _________________________ Anthony HolmesSenior Planning Officer
Signed: _________________________ Michael GallagherDirector of Planning and Building Control
Signed: _________________________ Sarah CorlettSenior Planning Officer
Signed: _________________________ Jennifer ChanceDevelopment Control Manager
Copyright in submitted documents remains with their authors. Request removal
Source & Provenance
Official reference
12/00658/B
Source authority
Isle of Man Government Planning & Building Control
