Officer Report 10/01860/B

Planning Report And Recommendations {{table:358386}} ### Written Representations ### Consultations {{table:358385}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of a parcel of land that is located between existing residential development on Ballaragh Road in Laxey. The proposed development comprises the erection of a dwelling on the application site.

Planning Policy

The application site is zoned for proposed predominantly residential use under the Laxey and Lonan Area Plan Order 2005 and is specifically designated as area 7. Paragraph 4.38 of the plan relates to the development of area 7, with policy L/RES/PR/6 setting out the local plan policy for the area. Specifically, policy L/RES/PR/6 states:

"This land will be considered suitable for the development of a maximum of three new dwellings. Access and drainage arrangements must be made in accordance with the requirements of the Department of Transport. Prospective developers are advised to consult the Isle of Man Water Authority to ensure that an adequate supply of water may be provided to the development."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are 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."

Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

Planning History

The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:

Planning application 06/01251/A sought approval in principle for the residential development of the application site and adjoining land. This previous planning application was approved on the 12th September 2006.

Planning application 06/01756/REM sought approval of reserved matters for the erection of a dwelling on the application site. This previous planning application was approved on the 12th December 2006.

Representations

Laxey Village Commissioners have no objections to the planning application. 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.

Assessment

The planning application seeks planning approval for the erection of a dwelling on the application site, and effectively represents an amendment of the development approved under previous planning application 06/01756/REM. The proposal is basically a handed version of that previously approved development.

As can be the application site is zoned for residential use under the Laxey and Lonan Area Plan Order 2005 and planning approval has been previously granted for similar development to that now proposed. As such it has to be concluded that the issue of principle is acceptable. It therefore only remains to assess the specifics of the proposed development and any impact that it may have.

The design of dwelling is similar to that already constructed or part-constructed on the two adjoining plots and is split level in form to take account of the sloping nature of the application site. From the Ballaragh Road the dwelling will appear as a single-storey dwelling, whereas from more distance views from the south it will appear as a two-storey dwelling. There is a general continuity between the three dwellings proposed by the three concurrent planning applications and it is reasonable to say that their design is relatively contemporary. Given that the application site is within Laxey Village and not the open countryside such contemporary design is viewed as acceptable.

Overall, the proposal is considered to be an acceptable form of development for the application site that is similar to previously approved development. Accordingly, 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:

The Department of Infrastructure Highways Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 21.01.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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 HLK/10/0271/1, HLK/10/0271/2 and HLK/10/0271/3 date stamped the 17th December 2010.

C 3. Prior to the occupation of the dwelling the vehicular access arrangements and sight lines must be set out in accordance with drawing no. HLK/10/0271/2 date stamped the 17th December 2010.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted Date: 31.11.2011

Signed: _________________________ Senior Planning Officer