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The site represents four fields situated to the north east of the Ballacollister Road between Ballacollister Heights and South Cape. The site has existing residential property to the south west, south, south east, east and north east and open fields to the north and west. The land is designated as Predominantly Residential on the extant Laxey Local Plan adopted by Tynwald in 1989. This was qualified by a section in the plan which stated:
"THE AREA REFERRED TO IN PARAGRAPH 5.1(i), THAT IS THE AREA COMPRISING THE HILLSIDE TO THE WEST OF THE NEW ROAD FROM BALLACOLLISTER TO RENCELL IS RECOGNISED AS PRESENTING PARTICULAR PROBLEMS IN ITS FUTURE DEVELOPMENT. IT IS THEREFORE CONSIDERED THAT NO FURTHER APPROVALS SHOULD BE GIVEN TO DEVELOPMENT IN THIS AREA UNTIL SUCH TIMES AS A COMPREHENSIVE PLAN IS PREPARED WHICH MUST INCLUDE PROPOSALS FOR AND INFORMATION ON:
This "comprehensive plan was never prepared within the context of the Laxey Plan although work was undertaken within the office to produce information on levels, access and visual impact. The findings of this report were incorporated into the Laxey and Lonan Plan which commenced in April 1998 as a revision of the Laxey Plan then was expanded to cover Lonan. We are presently awaiting the adoption of Parts 2 to 5 of the 1999 Town and Country Planning Act which will enable the Laxey & Lonan Plan to be considered by Tynwald.
The Laxey _ Lonan Plan concluded in respect of the Ballacollister - Rencell land that of the land identified in the 1989 plan, the only part which was acceptable for development was this small piece of land excluding those fields covered in trees (field 612011 and the small triangular field to the north of the site alongside the mast). A development brief was included in the plan which restricts the development to six predominantly single storey dwellings, retention of the existing hedgerows (paragraph 4.70 of the May 2002 document).
Proposed here is the principle of the development of the land for six dwellings with an access off the Ballacollister Road. The site falls from west to east by 16m: most of the dwellings are close to the estate road which results in significant screening from the northern view by the existing trees. Most dwellings will be spread over around 3m of fall. The applicant has discussed this with DoT who have agreed not to object on the basis that land has already been set aside (by this applicant in the development of Ballacollister Heights) for the Ballacollister Road to be widened and more could be incorporated into the roadway as a result of this application.
Defer for views of DoT. - Now received - no objection. Subject to conditions.
We have received a number of objections, most of whom did not object to the Laxey and Lonan Plan proposal for this land to be included for residential development. The land use designation is discussed above. Whilst Pat Newton has suggested that the area for development has decreased over the period of consideration of the Laxey and Lonan Plan, this is partly true although the area which has been removed contains trees and this was always known during the drafting of the plan and development was never proposed on this area so the density of development has never really changed. No objection to the proposal has been received from the DoT dd who recommend the attaching of certain conditions relating to the connection of the development to the main sewer and the treatment of surface water.
The Inspector reporting on the Laxey and Lonan Plan supported the limited development of this land, confirming the acceptability of the development brief - the comprehensive plan required by the 1989 Plan. The proposals contained in the submitted plans accord with the development brief in the emerging plan and the general principles of the acceptable guidelines of the development of this area as required by the 1989 Plan.
Whilst the Officer's report recommended approval, the Planning Committee resolved to refuse the application on the grounds of prematurity, pending the widening of that part of the Ballacollister Road from the development site to the junction of Moaney Quill, Ballacollister and Croit-e-Quill Roadsand Ballacollister Heights. I have drafted a reason for refusal on these grounds.
Recommended Decision : Permitted
Date of Recommendation : 22.09.2004
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The development of this land would be premature, pending the widening of that part of Ballacollister Road between the development site and the junction of Monaey Quill, Croit-e-Quill Road, Ballacollister Road and Ballacollister Heights. The narrow nature of this stretch of road would be incapable of accommodating the increase in traffic which would result from the development as proposed.
Decision Made : _________________________ Committee Meeting Date : _________________________ dcreprec.doc
| Application No.: | 04/01089/A |
| Applicant: | Mrs N Clague |
| Proposal: | Approval in principle for a residential development of six building plots and access road, on |
| Site Address: | Fields 614589, 612008 & 612011 Ballacollister Road Laxey |
| Case Officer: | Sarah Corlett |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Committee Decision |
| Consulttee: | Highways Division |
| Notes: | No adverse traffic impacts, subject to conditions |
| Consulttee: | Laxey Commissioners |
| Notes: | Object to application, see comments |
| Consulttee: | Isle Of Man Newspapers |
| Notes: |
| Consulttee: | Drainage Division |
| Notes: | No objections subject to conditions |
We have received 17 private representations for this application.
The site represents four fields situated to the north east of the Ballacollister Road between Ballacollister Heights and South Cape. The site has existing residential property to the south west, south, south east, east and north east and open fields to the north and west. The land is designated as Predominantly Residential on the extant Laxey Local Plan adopted by Tynwald in 1989. This was qualified by a section in the plan which stated:
"THE AREA REFERRED TO IN PARAGRAPH 5.1(i), THAT IS THE AREA COMPRISING THE HILLSIDE TO THE WEST OF THE NEW ROAD FROM BALLACOLLISTER TO RENCELL IS RECOGNISED AS PRESENTING PARTICULAR PROBLEMS IN ITS FUTURE DEVELOPMENT. IT IS THEREFORE CONSIDERED THAT NO FURTHER APPROVALS SHOULD BE GIVEN TO DEVELOPMENT IN THIS AREA UNTIL SUCH TIMES AS A COMPREHENSIVE PLAN IS PREPARED WHICH MUST INCLUDE PROPOSALS FOR AND INFORMATION ON:
This "comprehensive plan was never prepared within the context of the Laxey Plan although work was undertaken within the office to produce information on levels, access and visual impact. The findings of this report were incorporated into the Laxey and Lonan Plan which commenced in April 1998 as a revision of the Laxey Plan then was expanded to cover Lonan. We are presently awaiting the adoption of Parts 2 to 5 of the 1999 Town and Country Planning Act which will enable the Laxey & Lonan Plan to be considered by Tynwald.
The Laxey _ Lonan Plan concluded in respect of the Ballacollister - Rencell land that of the land identified in the 1989 plan, the only part which was acceptable for development was this small piece of land excluding those fields covered in trees (field 612011 and the small triangular field to the north of the site alongside the mast). A development brief was included in the plan which restricts the development to six predominantly single storey dwellings, retention of the existing hedgerows (paragraph 4.70 of the May 2002 document).
Proposed here is the principle of the development of the land for six dwellings with an access off the Ballacollister Road. The site falls from west to east by 16m: most of the dwellings are close to the estate road which results in significant screening from the northern view by the existing trees. Most dwellings will be spread over around 3m of fall. The applicant has discussed this with DoT who have agreed not to object on the basis that land has already been set aside (by this applicant in the development of Ballacollister Heights) for the Ballacollister Road to be widened and more could be incorporated into the roadway as a result of this application.
Defer for views of DoT. - Now received - no objection. Subject to conditions.
We have received a number of objections, most of whom did not object to the Laxey and Lonan Plan proposal for this land to be included for residential development. The land use designation is discussed above. Whilst Pat Newton has suggested that the area for development has decreased over the period of consideration of the Laxey and Lonan Plan, this is partly true although the area which has been removed contains trees and this was always known during the drafting of the plan and development was never proposed on this area so the density of development has never really changed. No objection to the proposal has been received from the DoT dd who recommend the attaching of certain conditions relating to the connection of the development to the main sewer and the treatment of surface water.
The Inspector reporting on the Laxey and Lonan Plan supported the limited development of this land, confirming the acceptability of the development brief - the comprehensive plan required by the 1989 Plan. The proposals contained in the submitted plans accord with the development brief in the emerging plan and the general principles of the acceptable guidelines of the development of this area as required by the 1989 Plan.
Recommended Decision: Permitted Date of Recommendation: 22.09.2004
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
C 2. This approval relates to the principle of the development of six building plots and access all as shown in the drawings reference 02 and 03 received on 26th May, 2004.
C 3. The application for reserved matters must include full details of the connection of each plot to the main sewer in a manner acceptable to the Department of Transport with no discharge of surface water thereto. The application for reserved matters must also demonstrate that the use of soakaways is acceptable and in compliance with the requirements of the Building regulations.
Note: the applicant is recommended to consult the Drainage Division of Department of Transport prior to the submission of the application for reserved matters.
C 4. The application for reserved matters must demonstrate that the provision of visibility splays at the entrance to the development onto Ballacollister Road comply with the requirements of the Department of Transport Highways and Traffic Division.
C 5. All dwellings on the site must be predominantly single storey and must be designed as individual units with a variety of house styles, taking into account the natural contours of the site.
Decision Made: _________________________ Committee Meeting Date: _________________________
dcreprec.doc
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