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Application No.: 09/00792/A Applicant: Mr Tadhg \& Mrs Deirdre O'Mâhony Proposal: Approval in principle to erect a dwelling Site Address: Land At Thie Gretch Ballaragh Road Laxey Isle Of Man ### Considerations Case Officer : Mr A Holmes Photo Taken: 07.08.2009 Expected Decision Level: Planning Committee ### Written Representations Orry's Mount Ballaragh Road Laxey Isle Of Man Objects to the proposal ### Consultations Consultee : Drainage Division Notes: No objection Consultee : Highways Division Notes: Do not oppose Consultee : Laxey Commissioners Notes: Refused
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 application is adjacent to King Orry's Grave, which is a known archaeological site maintained by Manx National Heritage.
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 on the basis that the recommendation differs from the stance of the local authority.
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
REPRESENTATIONS
Laxey Village Commissioners recommend that the planning application be refused. They state that whilst they have no objection in principle of a dwelling they do not believe that the application should be approved or considered until as such time as a full archaeological survey is carried out given the proximity of King Orry's Grave.
The Department of Transport Highways Division do not oppose the planning application.
The Department of Transport Drainage Division do not oppose the planning application.
The owners and/or occupants of Orry's Mount, which is located opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed means of vehicular access to the application site is unsuitable and that its use would affect existing on-street car parking within the area. They also express concern regarding the impact of construction traffic arising from development.
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 trees 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:
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"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 approval in principle for the erection of a dwelling on the application site.
28 September 2009
09/00792/A
In terms of the basic principle of development it is relevant to have regard to the land use designation of the application site under the Laxey and Lonan Area Plan Order 2005. As stated earlier in this report the application site is predominantly designated for residential with the periphery of the site being within a wider area of open space (private woodland or parkland). This designation appears to basically follow what is evident on the ground, that the perimeter of the application site is bounded by trees on its east, south and west boundaries. Following discussion with the applicant a tree survey has been submitted which identifies the trees potentially affected by the proposed development. Having visited the application site and examining the tree survey it is concluded that whilst it is likely to be inevitable that some trees would be removed to allow a dwelling to be erected and to facilitate vehicular access any such loss would be acceptable. The majority of trees to be removed are non-native species and not publicly visible. Given this and the fact that the position of the dwelling is within the land that is designated as predominantly residential use it is concluded that the basic principle of development is acceptable.
The remaining issues to consider are vehicular access arrangements, drainage arrangement and archaeology.
In respect of vehicular access arrangements it is it is evident that the provision of appropriate visibility splays will require the alteration of existing access onto Ballaragh Road. However, as confirmed by the Department of Transport Highways Division, the applicant has control over this land and therefore can achieve the required visibility splays of 2 metres x 23 metres. Given that the primary role of the highway is for the pass and re-pass of traffic and not for accommodating parked vehicles it considered that the impact of the increased use of the access on existing parking within the surrounding area is not reason for refusal of the planning application.
In terms of drainage arrangements it is considered that as the Department of Transport Drainage Division are satisfied that surface water and foul sewage can be disposed of in an appropriate manner the proposal satisfactorily addresses drainage requirements.
Turning to the issue of archaeology it is acknowledged that the application site is adjacent to King Orry's Grave, which is a site of known archaeological interest. The applicant has discussed this specific issue with Manx National Heritage and are happy to undertake an archaeological survey prior to the submission of a detailed planning application. Given that the existing known archaeological interest is outside of the application site it is considered acceptable to deal with the issue by condition requiring the undertaking of an archaeological survey prior to the submission of a detailed planning application. The findings of such survey should aid the detailed design of the dwelling.
As regards other issues raised within representations to the planning application it is considered that the impact of construction is not a material planning consideration as any such impact is temporary.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Laxey Village Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; and The owners and/or occupants of Orry's Mount.
Recommendation
Recommended Decision: Permitted 28 September 2009 09/00792/A Page 4 of 6 Source: https://www.industrydocuments.ucsf.edu/docs/ghgj0219
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 permission.
C 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
C 3. This approval relates to site defined by the red line on drawing no. TG/01 date stamped the 1st May 2009.
C 4. Prior to the submission of any subsequent reserved matters planning application an archaeological survey of the application site must be undertaken. The results of such survey must be included within the reserved matters planning application and any findings taken into account as part of the design and layout of the proposed development.
C 5. Any subsequent reserved matters planning application must include a detailed tree survey that identifies trees that are to be removed as part of the proposed development and includes measures for protecting trees to be retained within the application site.
C 6. Any subsequent reserved matters planning application must include vehicular access arrangements with minimum visibility splays of 2 metres metres. Nothing within the visibility splays shall exceed 1.1 metres in height.
C 7. Any reserved matters planning application must include turning facility to allow a vehicle to enter and exit the application site in a forward gear.
C 8. Any reserved matters planning application must include provision for a minimum of two on-site car parking spaces. C9. In the interests of the protection of aquatic and barbade habitats and species no built development shall occur within eight metres of the adjacent watercourse.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: ATTROVED Committee Meeting Date: 9/10/09 Signed: A. Kilmer Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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