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Application No.: 14/00702/A Applicant: Robert Gwyn Jones Proposal: Approval in principle for erection of a dwelling with garage Site Address: Land to rear of Olinda South Cape Laxey Isle of Man Case Officer : Mr Edmond Riley Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE RECOMMENDATION TO APPROVE IS CONTRARY TO THE OBJECTION FROM THE DEPARTMENT OF INFRASTRUCTURE'S HIGHWAY SERVICES.
1.0 THE APPLICATION SITE - 1.1 The application site comprises 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.
2.0 THE PROPOSAL - 2.1 The planning application seeks approval in principle for the erection of a dwelling on the application site.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, several of which are considered specifically material to the assessment of this current planning application. Between 1987 and 1996, three applications sought and gained approval for the erection of a dwelling of varying designs on the application site. Between 2000 and 2012, four separate applications gained Approval in Principle for the erection of a dwelling on the application site. The most recent of these, PA 12/00834/A, expires on 21st August 2014.
4.0 PLANNING POLICY - 4.1 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." - 4.2 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 in part: "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:
5.0 REPRESENTATIONS - 5.1 Laxey Village Commissioners recommend that the planning application be approved. - 5.2 Highway Services object to the planning application, commenting as follows:
"This application site has only one point of access to the public highway for both pedestrians and vehicles. This access is along a privately maintained lane that serves as a vehicular access to the rear of several properties that also have alternative access from the front. The situation for the application site differs from other properties accessed from this lane in that the site has no alternative pedestrian access and all pedestrians will be forced to walk along 200m of unlit lane with no segregation from vehicular traffic.
"The lane is approximately 200m long and is the only access for emergency vehicles to the site and servicing by refuge vehicles, post office and delivery vehicles.
"Current residential design guidance requires visibility splays at the junction of the lane with the public highway of 2m x 36m in each direction. This is not provided and any increase in pedestrian and vehicular traffic is resisted.
"This application fails to provide satisfactory amenity standards in the form of a safe and convenient access for all highway users particularly pedestrians, as required by GP 2 (h).
"TP 6 requires that the needs of pedestrians are given the same weight as other road users, in this situation pedestrians are required to access the site via a long unlit lane that is not deemed to be acceptable as the only pedestrian access.
"It is recommended that the application is refused."
5.3 The Manx Utilities Authority requests any approval be accompanied by an advisory note. - 5.4 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 applications 12/00834/A and 10/00655/A, which requires an appropriate survey, should be repeated.
6.0 ASSESSMENT - 6.1 Approval in Principle is sought 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 will continue to exist until 21st August 2014. As such, it is concluded that the basic principle of residential development is acceptable.
6.2 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 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. - 6.3 In terms of the objection from Highway Services, 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 12/00834/A, which remains extant. The question of whether, given all the subsequent development that occurred since the very first approval, the junction from Ballacollister Road onto the A2 can safely accommodate additional traffic is pertinent. However, while 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 the still-extant 12/00834/A. A similar conclusion was reached in the assessment of 10/00655/B. - 6.4 The advisory note requested by the MUA is not related to planning matters and therefore is not recommended for inclusion.
7.0 RECOMMENDATION 7.1 It is recommended that the planning application be approved.
8.0 INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services; the Department of Environment, Food & Agriculture, and the Local Authority in whose district the land the subject of the application sits.
SUPPLEMENTARY REPORT The Planning Committee approved the application at its meeting of 18th August, 2014, adding the standard conditions regarding approvals in principle and the submission of details of the reserved matters.
Recommendation Recommended Decision: Permitted
Date of Recommendation:
11.08.2014
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
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
This approval relates to the untitled site location plan (scale 1:1250), date-stamped as having been received 9th June 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Approved Committee Meeting Date : 18th August 2014 Signed : Miss S E Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
NO
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