Planning Officer Report

Case Officer: Miss Melissa McKnight Photo Taken: 20.09.2012 Site Visit: 20.09.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of Greystones, a two storey detached property sited on the eastern side of the A2 New Road, set below the highway.
2. The existing dwelling is finished in a painted render and has UPVC framed windows throughout. The application site property has a pitched roof with a chimney stack on the northern elevation of the property. To the rear of the property is a built up retaining wall and patio area and garden area that overlook the tramline and unspoilt views over Laxey Bay.
3. The surrounding area is characterised by a mix of dwelling types of different forms and layout. The properties on the western side of the A2 New Road are erected above the highway with those on the eastern side erected below and level with the highway.

The Proposal

1. This retrospective planning application seeks approval for amendments to approved alterations and extension to dwelling under PA 02/02146/B, including the construction of a retaining wall and stairs, raised decking and balcony.
2. The amendments include:

• The installation of a door to utility store (car port);
• Glazed balustrading to section of retaining wall measuring 1 metres high and stretching a length of 10.6 metres;
• The installation of a door to garden store within retaining wall;
• The erection of a stair case to the northern side of the retaining wall;
• Replacement single fixed window to the living room;
• The installation of balustrading and new patio area measuring 1.1 metres high and stretching a length of 5.7 metres with the patio area projecting 1.3 metres from the first floor bedroom;

Application No.:	12/01229/B
Applicant:	Mr David Bingham
Proposal:	Amendments to approved alterations and extension to dwelling PA 02/02146/B, including construction of retaining wall and stairs, raised decking and balcony (Retrospective)
Site Address:	Greystones
South Cape
Laxey
Isle Of Man
IM4 7JB

• Additional balustrading to the left hand side of the retaining wall measuring 1.2 metres high with a length of 5.1 metres;
• The installation of new raised decking in replace of a stair case in centre of the retaining wall; and
• The erection of an additional 0.2 and 1.3 metres to the retaining wall.

Planning History

1. The application site has been the subject of one previous planning application that was recommended for approval that is considered materially relevant to the assessment of this current planning application:

PA 02/02146/B: First floor extension over existing, garage with link to dwelling and alterations to driveway.

Planning Polic

1. In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Laxey and Lonan Area Plan Order 2005 Map No. 1. There are no policies within the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application.

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."

Paragraph 8.12.1 states:

> "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

Representations

1. Laxey Village Commissioners has no objection to the current planning application.

1. The Highways Division have no objections to the current planning application.

Assessment

1. The focus of this retrospective planning application regards amendments to previously approved application 02/02146/B. The main considerations to consider in the assessment of this current planning application are the impacts of the amended alterations on the residential amenities of Berwyn and Ardne and the impact of the alterations on the existing dwelling and the surrounding area.

1. With regards to the impact of the development on the residential amenities of neighbouring properties Berwyn (north) and Ardne (south), the introduction of the balcony would not encourage or increase any levels of overlooking given the existing level of overlooking that can be achieved. The two neighbouring properties have similar forms of development as that of a lot of properties within Laxey with overlooking already existing given the proximity and topography of the properties.

1. It is considered that the overall level of development is relatively modest and would not cause harm to the enjoyment to the dwelling or the surrounding area. It is judged that the minor amendments to the previously approved proposal would respect the main dwellinghouse in terms of siting, layout, scale, form, design and landscaping of building and space around. It is therefore concluded that the proposal complies with the provisions set out in General Policy 2 and Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007.

Recommendation

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

Party Status

1. The local authority is, Laxey Village Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

Recommendation

Recommended Decision: Permitted

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 for the amendments to approved alterations and extension to dwelling PA 02/02146/B, including construction of retaining wall and stairs, raised decking and balcony relates to DRAWING No.: 01, 02, 03, 04, and 05 all date stamped 5th September 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 : 9.10.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Samuel M. Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager