12 March 2013 · Committee
Spindrift, Pinfold Hill, Laxey, Isle Of Man, IM4 7hn
Permission was granted to erect a replacement dwelling at White Cottage, Pinfold Hill, Laxey, Isle of Man. The site is the curtilage of a semi-detached property on the eastern side of Pinfold Hill, with the A2 highway to the west and the Manx Electric Railway line to the east. The site has a notable drop in ground level of around nine metres from west to east. The officer's report noted that the existing dwelling and site were in a very poor state of repair, making safe access to the rear of the site difficult. The key planning issues examined were public amenity, private amenity, and highway safety. The Department of Infrastructure approved the application on 12 March 2013, in line with the officer's recommendation.
The Department of Infrastructure approved the application on 11 March 2013. The key planning issues considered were public amenity, private amenity, and highway safety. The officer also recommended approval, and the decision was consistent with that recommendation. The formal decision record lists 3 conditions.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005
General Policy 2
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
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Housing Policy 6
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to drawing no.s P10-01, P10-02 rev. A, P10-03 rev. A, P10-04 rev. A and P12-01 rev. A date stamped the 21st December 2012.
Condition 3
Prior to the first occupation of the dwelling the glass screen positioned at the northern end of the lower ground floor terrace, as shown on drawing no.s P10-04 rev. A and P12-01 rev. A date stamped the 21st December 2012, must be erected and glazed 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. This glass screen must be maintained as such thereafter.
