Officer Report and Recommendation

Planning Officer Report And Recommendations {{table:23145}}

Officer's Report

The Application Site

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.

The Proposal

1. The proposal comprises the erection of a private multi-purpose sports range within 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 05/92177/B sought planning approval for the erection of a dwelling with garage on the application site. This previous planning application was approved on the 10th July 2006.

1. 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 previous planning application was approved on the 24th October 2007.

1. 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.

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.

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

1. The Manx Electricity Authority recommends that the applicant contact them to discuss utility provision.

1. The owners and/or occupants of South Court, which is located directly adjacent to the application site, object to the planning application. The grounds for their objection are quite extensive, and are on file to be read in full, but can be summarised as concern over the massing and form of the proposed development, the impact on private amenity in terms of overlooking and noise nuisance, the impact on the setting of the Conservation Area and drainage arrangements. They suggest that the changes from the previously approved development are a retrograde step with the current proposal being more harmful. They also raise a number of concerns that relate to covenants and land ownership, which are civil matters and not material planning considerations.

ASSESSMENT

1. The proposed development is basically a revision of the development approved under previous planning application 11/00143/B. The overall basic shape of the proposed building is basically the same as that previously approved but the proposed building has been sub-divided into two parts to provide a range and a swimming pool. The range element of the proposal is set further into the hillside away from the railway line whilst the swimming pool element is attached but stepped down from range element due to the sloping nature of the overall application site. An array of solar panels is proposed on the roof of the swimming pool element of the proposed building, these are shown as not being taller than the wall of the adjoining range element of the proposed building. The external finish of the building has changed from render as approved to a tier slate cladding system now proposed.

1. The differences between the building approved under previous planning application 11/00143/B and that now proposed do not result in any significant differences in terms of impacts of public amenity, private amenity, highway safety or any other obvious material planning consideration. As those impacts were previously found to be acceptable there is concluded to be no logical reason why this revised proposal should not also be found to be acceptable. Similar conditions to those attached to previous approved planning application 11/00143/B should be imposed.

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:

The Isle of Man Water and Sewerage Authority; and The owners and/or occupants of South Court.

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

The Manx Electricity Authority.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	14.11.2012

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 planning approval relates to drawing no.s 200, 201, 202, 203 and 204 date stamped the 11th October 2012.

C 3. Unless permitted by any subsequent planning approval the building hereby approved shall only be used in association with the residential enjoyment of Rockwood. For the avoidance of doubt no commercial use of the building or use of the building as a private members club is permitted by this planning approval.

C 4. Prior to the commencement of development a scheme prepared by a suitably qualified acoustic engineer, or satisfactory equivalent, detailing and identifying any sound proofing requirements, must be submitted to and agreed by the Planning Authority. Thereafter any sound proofing measures contained within the agreed scheme must be installed prior to the commencement of use of the building and thereafter maintained for the life span of the building.

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 : 15.11.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Samuel Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager