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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 planning application seeks approval of the reserved matters for the erection of a detached dwelling with integral garage. Planning approval in principle for a dwelling was granted through previous planning application 09/00792/A.
The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:
Planning application 09/00792/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 12th October 2009, subject to the following conditions:
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. The owners of Thie Gretch express an interest in 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 of the reserved matters for the erection of a detached dwelling with integral garage. The planning application comprises of the relevant location, site and elevation drawings together with tree survey, geophysical survey, archaeological survey and 3D images. Existing ground levels and finished floor levels have been clarified by the submission of a topographical drawing (BAL23A).
As stated earlier in this report, planning approval in principle for a dwelling was granted through previous planning application 09/00792/A. Given that the principle of development is established the primary means of assessing the specifics of what is proposed is against the conditions imposed on the approval in principle. In terms of this the following can be concluded:
On the basis of the above it is concluded that the submitted planning application accords with the conditions imposed on the approval in principle. It still remains necessary to examine the site specific issues relevant to the proposed development, which can generally be categorised as relating to public amenity, private amenity or highway safety.
In terms of impact on public amenity the proposed dwelling is sited relatively centrally and does not unduly affect trees contained within the application site. Those trees, which are a mixture of different types, provide significant screening of the proposed development and it is considered likely that the dwelling, which is unashamedly modern in design, will not be readily visible from outside of the application site. Irrespective of its visibility it is considered pertinent to note that there are no planning policies that prohibit such design in this location. Overall, it is concluded that the proposed development has an acceptable impact on public amenity.
As regards impact on private amenity the only property visible to the proposed dwelling is Thie Gretch, which is the property originally granted approval in principle for the residential development now proposed. Due to the distance from existing dwelling to proposed dwelling and the design and layout of the proposed dwelling, which prevents overlooking, the impact on the existing residential property is limited. Additionally, it should be noted that the owners of Thie Gretch have already planted additional boundary planting and more could be planted without needing planning approval if subsequently considered necessary. It is considered that the proposed development has an acceptable impact on private amenity.
In respect of impact on highway safety the proposed development meets the requirements set out within the approval in principle for visibility splays, on-site parking and on-site manoeuvring. As such, it has to be concluded that the proposed development has an acceptable impact on highway safety. This stance is supported by the representation from the Department of Infrastructure Highways Division.
Overall, taking the above into account it is concluded that the proposed development accords with the approval in principle and has an acceptable impact on public amenity, private amenity and highway safety. It is therefore 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; The Isle of Man Water and Sewerage Authority; and The owners of Thie Gretch. 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 (within the same department as the Planning Authority).
Recommended Decision: Permitted
Date of Recommendation: 24.06.2010
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawing no.s BAL01A, BAL02A, BAL03A, BAL04A, BAL05A, BAL06A, BAL07A, BAL08A, BAL09A and BAL10A date stamped the 6th April 2010 and drawing no. BAL23A date stamped the 21st June 2010.
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.
Prior to the occupation of the dwelling the visibility splays must be set out in accordance with drawing no. BAL03A date stamped the 6th April 2010.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made: Permitted
Date: ................................................................................................................................................................. 78 June 2010
Signed: .................................................................................................................................................................
Senior Planning Officer
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