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Application No.: 15/00837/B Applicant: Ipanema Limited Proposal: Erection of replacement garage and creation of patio area within rear garden Site Address: Appin Lodge Pack Horse Lane Baldrine Isle Of Man IM4 6EA Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation
1.0 APPLICATION SITE - 1.1 The site comprises the residential curtilage of Appin Lodge, Baldrine, which is a twostorey detached property is located on the southern side of Packhorse Lane. It is a relatively attractive property that has been the subject of sympathetic and varied alterations, although it could not be considered as being of a traditional Manx design. - 1.2 Although the dwelling is not very visible from the highways bounding it given the surrounding boundary treatment, to the rear runs the Manx Electric Railway and views of this proposal will be obscured by the proposed retaining wall and fence.
2.0 THE PROPOSAL - 2.1 The application is for the demolition of an existing greenhouse and double garage, the extension of the driveway, creation of a new patio area and erection of a garage. - 2.2 The proposed works will require some excavation, as the patio and garage are to be at the same level as the existing house, and the erection of a retaining wall apx 1m high around the patio and one apx 1.9m high around the garage. Around the garage there will be a small walkway apx 900mm wide. - 2.3 The north and west elevations will be render and masonry painted to match the existing dwelling and the front and south elevations are proposed to be timber clad with a sectional garage door in the front. The roof tiles are to be dark colour eternit plain concrete. - 2.4 On request technical details regarding the retaining walls were submitted on 2 September 2015.
3.0 PLANNING HISTORY - 3.1 There are three previous applications considered to be relevant; 94/00553/B - Construction of conservatory - APPROVED 99/00654/B - Extension to existing conservatory - APPROVED 15/00725/B - Erection of extension to side elevation of dwelling - Permitted 06.08.2015
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 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:
4.3 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general". - 4.4 Environment Policy 28 seeks to ensure that any development should not give rise to ground stability and that appropriate precautions are taken.
5.0 REPRESENTATIONS - 5.1 Lonan Parish Commissioners recommend the planning application be approved. 19.08.2015 - 5.2 The Highways Division raise no objection to the planning application;. 10.08.2015
6.0 ASSESSMENT - 6.1 The main issues in the consideration of this application are the effect of the proposal upon the character and appearance of the area and the main dwelling. - 6.2 The scale and extent of proposed garage and associated works is in keeping with the overall scale and extent of the existing dwelling and application site. It is considered that the proposal would not be out of character with the area and that would not unduly affect the living conditions or private amenity of the neighbouring property, Aughton Lodge, due to the distance and existing mature boundary treatment. - 6.3 The retaining walls have been designed and submitted as requested. Whilst it is appreciated that any retaining wall details will be a matter for building control at the appropriate stage, it is our duty to ensure that any development being permitted would not adversely affect the surrounding area and in this instance this is the MER. The main overlap
between the two regimes that could arise here would be if the retaining wall proposed as per the planning application could not be built in accordance with building requirements, which would then require a further/new planning application. Were insuperable problems to arise at the structural design stage and/or implementation stage as currently proposed this is a risk for the applicant to weigh, it is considered that the Building Regulations sufficiently provide the appropriate precautions as required by Environment Policy 28.
6.3 With regards to impact on the host dwelling, the proposal maintains a reasonable extension/back garden ratio and the design, size and massing of the proposal is considered in keeping with the existing property. - 6.4 As such, it is concluded that the proposal accords with the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007 and policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005.
7.0 RECOMMENDATION - 7.1 It is recommended that the application be approved.
8.0 PARTY 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 and the Local Authority in whose district the land the subject of the application sits.
Recommendation Recommended Decision: Permitted Date of Recommendation: 24.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to Location Plan, Site Plan and Drawing nos; 1307.10, 1307.11, 1307.12 and 1307.14 all date stamped as received on 24 July 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to a Senior Planning Officer. Decision Made : Permitted Date; 15.09.2015 Determining officer Signed :………………………… Chris Balmer Senior Planning Officer Signed :………S CORLETT….. Sarah Corlett Senior Planning Officer
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