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The application site comprises of 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 road, which serves a number of other properties.
The planning application seeks approval in principle for the erection of a dwelling on the application site.
The planning application is being considered by the Planning Committee due to the recommendation for approval being contrary to the representations from the Department of Infrastructure Highways Division, who object to the proposal.
The application site has been the subject of a number of previous planning applications that could be viewed as material to the assessment of this current planning application.
Planning application 96/00266/A sought approval for the erection of a dwelling on the application site. This previous planning application was approved on the 26th June 1996.
Planning application 00/00152/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 16th June 2000.
Planning application 06/00561/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 14th July 2006. This approval was subsequently extended by request and currently expires on 14th July 2010.
Laxey Village Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division object to the planning application. The grounds for their objection can be summarised as concern regarding the suitability of the lane to accommodate additional traffic and the lack of intervisible passing places, and the standard of the access from the land onto Ballacollister Road.
The Manx Electricity Authority expresses an interest in the planning application. The Department of Environment, Food and Agriculture's Senior Biodiversity Officer advises that the application site is potential habitat for Dark Bush Crickets, which are a protected species under the Wildlife Act. They recommend that a relevant survey is carried out prior to development and any necessary mitigation measures undertaken.
The Isle of Man Water and Sewerage Authority do not oppose the planning application.
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."
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:
The planning application seeks approval in principle for the erection of a dwelling on the application site. In terms of assessment it is material to take into account the previous planning approvals and is significantly material that there is currently extant planning approval in principle for the erection of a dwelling on the application site. 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 not been previously raised and can be suitably addressed by condition requiring a survey prior to the submission of any reserved matters planning application.
Whilst, as is the case with any new planning application the merits need to be considered afresh the Planning Authority do need to demonstrate a change in circumstances in order to reach a different conclusion to a previous determination for the same proposal on the same site. The Department of Infrastructure Highways Division have explained that the access would be viewed as a private drive/shared surface, which in Manx Roads 1 is indicated as being suitable for up to five dwellings. The concern is that there are thirteen dwellings already served and the access
is narrow in parts meaning there is an approximate fourteen metre length where it is difficult for vehicles to pass each other at the same time. These are of course legitimate concerns, however the number of dwellings served by the lane and its dimensions has not changed since the adoption of Manx Roads 1 and therefore the factors remain the same as at the time of previous determinations. Consequently it is concluded that refusal on highways grounds would, in this instance, be unreasonable and difficult to sustain.
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; The Department of Environment, Food and Agriculture's Senior Biodiversity Officer; 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 (same department as Planning Authority); and The Manx Electricity Authority.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 13.07.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this planning approval. Such reserved matters shall form the subject of a single application and comprise details of siting, design, external appearance, internal layout, means of access, parking and landscaping.
C 2. This approval relates to the land defined by the red line on the location plan date stamped the 5th May 2010.
C 3. Prior to the submission of any subsequent reserved matters planning application a survey of the application site to identify the presence of any Dark Bush Crickets must be undertaken by appropriately qualified persons. It is recommended that such survey be undertaken in August or September. The survey together with its findings and details of any required mitigation measures must be submitted as part of any subsequent reserved matters planning application.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : 22/7/10 Authority Meeting Date : 27/7/10
Signed : 22/7/10 Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO
13 July 2010 10/00655/A
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