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Application No.: | 04 / 00169 / B | | :-- | :-- | | Applicant: | Mr Declan Jackson | | Proposal: | Erection of a dwelling and detached garage with studio over | | Site Address: | Plot 134 Fairways Drive Mount Murray Braddan | ### Considerations Case Officer : Sarah Corlett Expected Decision Level: Committee Decision ### Written Representations We have received no private representations for this application. ### Consultations Consultee : Highways Division Notes: no adverse traffic impacts subject to conditions Consultee : Braddan Parish Commissioners Notes: refusal, re height and mass Consultee : IOM Water Authority Notes: comments Consultee : Drainage Division Notes: no objections ### Policy
The site lies at the eastern side of the Mount Murray development and accommodates a garage building which was erected under the provisions of the approval granted under PA 01/01928 but was not built in accordance with the approved plans. A subsequent application, PA 03/0120, was submitted to regularise this and to propose a two storey house on the site (the previous application was for a bungalow). This was refused initially, at Review and on Appeal with a direction that the garage be put right within 3 months of the date of the notice which was dated 6th January, 2004.
This latest application seeks permission for the erection of a dwelling and the garage modified in accordance with the original approval (01/1928). The dwelling is the same as that proposed under the previous application (03/0120), that is, 7.2m by 8.1m and 6.85m in height to the ridge, 2.5m to the eaves (which is slightly smaller in footprint than the approved scheme).
The applicant is living in the garage at present and wishes the house to be occupied before he is required to alter the garage which does not copmly with the requirements of PA 03/0120 but seems reasonable. The Director of Planning and I have discussed the enforceability of this and agree that the entering into an agreement under Section 18 of the 1991 Act would be appropriate in this case. Please defer.
The Agreement is being drafted and has the support of the applicant. The Agreement should be signed prior to the Planning Committee considering the application formally. However there needs to be a minute from the Committee indicating that they are minded to approve the application subject to the Agreement.
The dwelling is appropriate albeit larger than the approved bungalow and the garage is in accordance with the originally approved plans.
The Planning Committee resolved that they were minded to approve the application subject to the Section 18 Agreement at their meeting of 23rd May, 2004. I have conveyed this to the AG's Chambers and the Agreement has been finalised and signed by the applicant, the applicant's lending bank and our Department. As such the application is ready to be considered.
Recommendation Recommended Decision: Permitted Date of Recommendation: 16.04.2004
Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the erection of a dwelling as shown in drawings 1-7, 04/16/1 and 2 all received on 2nd February, 2004 and modification of the existing garage such that it complies with these submitted drawings.
The said garage must be regularised, in order that it complies completely with the approval granted, within three months of the occupation of the dwelling hereby approved.
N 4 . It should be noted that this is controlled also by an agreement entered into by the applicant and the Department, under Section 18 of the Town and Country Planning Act 1999.
C 5 . The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development C 6 . There must be no discharge of surface water to the main foul sewer. N 7 . The use of any domestic foul pump for this property may be used only after consultation with the Department of Transport's Drainage Division. Connection to the main sewer must be achieved via a separate discharge chamber.
N 8 . For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
N 9 . For a change in the water supply to a premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Les Quayle), telephone 695957.
C 10 . The roof of the dwelling must match that of the garage which must be finished in tiles to match those on the existing garage which is to be modified.
Committee Meeting Date :
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