Planning Officer Report

Planning Officer Report And Recommendations {{table:20632}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE RECOMMENDATION TO APPROVE IS CONTRARY TO THE OBJECTION FROM THE DEPARTMENT OF INFRASTRUCTURE'S HIGHWAYS DIVISION.

The Application Site

1. The application site comprises of a parcel of land that is located between existing residential development in the South Cape area of Laxey. The site is accessed via a private lane, which serves a number of other properties.

The Proposal

1. The planning application seeks approval in principle for the erection of a dwelling on the application site.

Planning History

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:

1. Planning application 87/00661/A sought planning approval in principle to site dormer bungalow with garage on the application site. This previous planning application was approved on the 19th June 1987.

1. Planning application 91/01617/A sought planning approval in principle for erection of dwelling with garage on the application site. This previous planning application was approved on the 10th January 1992.

1. Planning application 96/00266/A sought planning approval for the erection of a dwelling on the application site. This previous planning application was approved on the 26th June 1996.

1. Planning application 00/00152/A sought planning approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 16th June 2000.

1. Planning application 06/00561/A sought planning approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 14th July 2006. This approval was subsequently extended by request and expired on 14th July 2010.

1. Planning application 10/00655/A sought planning approval in principle for the erection of a detached dwelling with garaging on the application site. This previous planning application was approved on the 27th July 2012 and expired on the 27th July 2012.

Planning Policy

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."

1. 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

1. Laxey Village Commissioners recommend that the planning application be approved.

1. The Department of Infrastructure Highways Division object to the planning application. The grounds for their objection can be summarised as concerns over the capability of the lane serving the application site to satisfactorily accommodate additional traffic. They suggest that the width of this lane in places does not allow a vehicle and pedestrian to pass safely at the same time due to the lack of inter-visible passing places. Whilst recognising the previous planning history of the site they question whether, given all the subsequent development that occurred, the junction from Ballacollister Road onto the A2 can safely accommodate additional traffic.

1. The Isle of Man Water and Sewerage Authority have no objection to the planning application.

1. The Department of Environment, Food and Agriculture's Senior Biodiversity Officer highlights the high possibility of finding dark bush crickets, which are protected under the Wildlife Act, on the application site. They suggest that condition no. 3 of previously approved planning application 10/00655/A, which requires an appropriate survey, should be repeated.

Assessment

1. The planning application seeks planning approval in principle for the erection of a dwelling on the application site. In terms of basic principle, the proposed use accords with the land use designation of the application site as predominantly residential. Furthermore, it can be seen that planning approval in principle has been granted numerous times and recently existed up until the 27th July 2012. As such, it is concluded that the basic principle of residential development is acceptable.

1. As for site specific impacts and acceptability the application site is clearly of a size that is capable of accommodating a dwelling without causing undue harm on public or private amenity. The application site has existing vehicular access and there are no known problems with providing appropriate drainage. The potential presence of Dark Bush Crickets has not been previously raised and can be suitably addressed by condition requiring a survey prior to the submission of any reserved matters planning application. Indeed, the request from the Department of Environment, Food and Agriculture's Senior Biodiversity Officer to repeat condition no. 3 of previously approved planning application 10/00655/A is appropriate.

1. In terms of the objection from the Department of Infrastructure Highways Division the issue of the acceptable use of the access lane to the application site, and suggested lack of inter-visible passing places, is the same as that considered and set aside with previous planning applications. There is no sustainable reason why this should now form grounds for refusal when it did not for any of those previously approved planning applications, including 10/00655/B that was valid up until the 27th July 2012. The question of whether, given all the subsequent development that occurred, the junction from Ballacollister Road onto the A2 can safely accommodate additional traffic is pertinent and needs to be considered. However, whilst it is accepted that there has been a steady increase in overall development within the area it would be unreasonable and potentially difficult to sustain a refusal based on the likely additional traffic from one dwelling. The overall level of development within the surrounding development has not significantly increased or altered since the granting of previous planning application 10/00655/B.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

• Laxey Village Commissioners;
• The Isle of Man Water and Sewerage Authority; and
• The Department of Environment, Food and Agriculture's Senior Biodiversity Officer.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

• The Department of Infrastructure Highways Division.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 13.08.2012

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 application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this planning approval. Such reserved matters shall form the subject of a single application and comprise details of siting, design, external appearance, internal layout, means of access, parking and landscaping.

C 2.

This approval relates to the land defined by the red line on the location plan date stamped the 6th June 2012.

C 3.

Prior to the submission of any subsequent reserved matters planning application a survey of the application site to identify the presence of any Dark Bush Crickets must be undertaken by appropriately qualified persons. It is recommended that such survey be undertaken in August or September. The survey together with its findings and details of any required mitigation measures must be submitted as part of any subsequent reserved matters planning application.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : _________________________ Committee Meeting Date : 20/08/12

Signed : _________________________ Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO