DEC Officer Report

Application No.: 19/00565/B Applicant: Mr Alan Burrows Proposal: Erection of a roof canopy / gazebo to an existing patio / walled area Site Address: Rockwood Land adjacent to Ramsey Road Laxey Isle of Man IM4 7PY Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.06.2019 _________________________________________________________________

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.

N 1. The applicant is strongly recommended to discuss the proposed works with the Chief Engineer of the Isle of Man Railways in relation to a Construction Method Statement prior to commencement of construction.

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 01, P-02 and P-03 received on 15th & 16th May 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Isle of Man Railways (DOI) as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises the residential curtilage of and land adjoining a property known as Rockwood, which is located on the southern side of Ramsey Road in Laxey.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a roof canopy / gazebo to an existing patio / walled area.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application: - 3.2 Planning application 05/92177/B sought planning approval for the erection of a dwelling with garage on the application site. This application was approved on the 10th July 2006. - 3.3 Planning application 07/01527/B sought planning approval for the erection of a dwelling with garage (Amendment to approved 05/92177B) on the application site. This application was approved on the 24th October 2007. - 3.4 Planning application 11/00143/B sought planning approval for the erection of a private multi-purpose sports range within the application site. This previous planning application was approved on the 28th April 2001. A subsequent appeal against the approval was dismissed, with the appeal approval issued on the 24th August 2011. - 3.5 Planning application 12/01375/B sought planning approval for the erection of a private

• multi-purpose sports facility with pool (comprising amendments to PA 11/00143/B). This application was approved on the 15th November 2012.

3.6 Planning application 13/00049/B sought planning approval for the erection of a private

• multi-purpose sports facility with pool (comprising amendments to PA 12/01375/B). This application was approved on the 21st February 2013.

3.7 Planning application 14/00757/B sought planning approval for the erection of a retaining wall of gabion baskets along the boundary with Manx Electric Railway tracks (retrospective). This application was approved on the 31st July 2014.

4.0 REPRESENTATIONS - 4.1 Garff Commissioners have no objection (13.06.2019). - 4.2 Highway Services comment there are no highway implications (12.06.2019). - 4.3 Isle of Man Railways (DOI) comment that they have some concern (20.06.2019) at the construction method, particular if works are undertaken during the railway operating season and their Chief Engineer would request the opportunity to approve the method statement prior to commencement of construction.

- 5.0 PLANNING POLICY

5.1 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. 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." - 5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application. - 5.3 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."

6.0 ASSESSMENT - 6.1 The main consideration is whether the proposed works would have a significant visual impact upon the area. Visiting the area and from wider views within Laxey, it was noted that the application site is not especially apparent form public views, given the topography of the land, built development between the site and the main road through Laxey (A2) and mature roadside landscaping which also runs along the A2. - 6.2 The main view of the proposal would be when persons are travelling along the MEA railway. When on the tram the proposal may be noticeable, however, it is not an intrusive feature which adversely affects the enjoyment of the area. - 6.3 Overall, whilst the proposed extension would be increase the height of the existing structure, it is considered its modest size, design, and finish would not significantly affect public visual amenities of the area/site. - 6.4 In relation to the comments from IOM railways, their concerns are noted but matters in relation to the construction period this normally falls outside the planning remit. However, it

would be in the interests of the applicants to ensure that the works would not impact upon the railways and also such works should be contained within their own ownership. However, an informative note should be attached to any approval which outlines the concerns of IOM Railways and that the applicant is strongly recommend to discuss the method of construction with IOM Railways before commencing.

7.0 CONCLUSION - 7.1 For these reasons the proposals is considered to comply with the relevant polices of the Strategic Plan and the Onchan Local Plan and therefore recommended for an approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.07.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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