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The application site comprises a parcel of land that currently forms part of the garden of a property known as Thie Gretch, which is located on the western side of Ballaragh Road in Laxey.
The proposed development comprises the erection of a detached dwelling with integral garage. The proposal effectively constitutes amendments to previously approved planning application 10/00483/REM.
The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application:
Planning application 09/00792/A sought planning approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 12th October 2009.
Planning application 10/00483/REM sought planning approval for the reserved matters for the erection of a detached dwelling with integral garage. This previous planning application was approved on the 29th June 2010.
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.
In terms of local plan policy, the application site is part within a wider area of land designated as being predominantly residential use and part within a wider area of land designated as being open space (private woodland or parkland) under the Laxey and Lonan Area Plan Order 2005. The plan contains four policies that are considered specifically material to the assessment of the 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/CRB/PR/1 states: "No development will be approved where this adversely affects either a feature of archaeological importance or the setting of such a feature. Manx National Heritage must be consulted prior to the formulation of any development proposals near to sites of such importance: in particular in the case of development areas 5, 13 and 19."
Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
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 tress 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 six 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:
Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity of conservation value."
Environment Policy 40 states: "Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof."
Environment Policy 41 states: "The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."
Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The planning application seeks planning approval for the erection of a detached dwelling with integral garage. It effectively constitutes amendments to previously approved planning application 10/00483/REM. The changes from the previously approved dwelling to the proposed dwelling comprise of alterations to the window sizes and the extension of external cedar cladding to the roofline.
In terms of assessment the proposed development is very similar to the dwelling permitted under extant planning approval 10/00483/REM. The principle of development and impact on public amenity, private amenity and highway safety are concluded to remain acceptable. The differences proposed by the planning application are relatively minor and do not significantly alter the impact of the proposed development.
It is recommended that the planning application be approved.
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
21 January 2011 10/01870/B Page 3 of 4
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 BAL01A, BAL02A, BAL04A, BAL05A, BAL06B, BAL07B, BAL08B, BAL09A, BAL10A and BAL23A date stamped the 20th December 2010.
C 3. The glass in the three first-floor windows on the rear (north) elevation of the dwelling must be glazed and maintained thereafter using frosted glass. The level of obscuration used must be no less than level 5 as detailed on the Pilkington's textured glass range or equivalent.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Permitted Date : 28 JUNE 2011
Signed : Senior Planning Officer
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