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The application site comprises the curtilage of a semi-detached dwelling, known as The Cliffs, that is located in Laxey.
The proposed development comprises of the conversion and extension of a garage, which is contained within the application site, into ancillary ‘granny flat’ accommodation. The application effectively constitutes an amendment to a previously approved planning application (05/00595/B), which granted approval for the conversion of the garage into ancillary accommodation, to add an extension to the rear of the building.
As already stated the application site has been the subject of a previous planning application seeking approval to convert and extend the garage into ancillary accommodation. This planning application, 05/00595/B, was initially considered and approved on the 23rd September 2005, with the initial approval decision notice issued on the 3rd October 2005.
Laxey Village Commissioners object to the proposed development on the grounds that they consider the impact on the neighbouring property to be unacceptable.
The Department of Transport Highways Division do not oppose the proposed development and acknowledges the existence of the previously approved planning application.
The Department of Transport Drainage Division advise that they have no objection to the proposed development subject to the imposition of conditions and notes.
The Department of Agriculture, Fisheries and Forestry’s Wildlife and Conservation Officer advises that the hedges contained within the application site support a protected species, the dark bush cricket. He recognises that the proposed development does not require the removal of hedges but requests that the presence of the protected species be brought to the attention of the applicant.
The Isle of Man Fire and Rescue Service make no comment on the merit of the proposed development but recommend that the applicant consults them to discuss the provision of appropriate fire precaution measures.
The owner and/or occupant of Ny Creggan, which directly neighbours the application site, objects to the planning application. The grounds for their objection can be summarised as concern about the proximity of the development to their property, disturbance arising from the use, the car parking provision, the access arrangements and the overall level of development.
The application site is within an area recognised as being in predominantly residential use under the Laxey and Lonan Area Plan. I do not consider there to be any policies within the plan that are specifically relevant to the assessment of this planning application.
In terms of assessing the development proposed by the planning application it is necessary to acknowledge the extant planning approval for the conversion and extension of the garage into ancillary accommodation that exists through 05/00595/B. As that application was considered acceptable, was approved and is extant it stands to reason that the principle behind this current application is also acceptable. I would therefore suggest that the assessment of this planning application is primarily whether the extension to the rear of the garage will change the proposal to the extent that it is unacceptable or in itself would cause an unacceptably adverse impact on
residential amenity. Given the size, scale and extent of the extension I do not see how it could have an unacceptable impact. I therefore consider the proposed development to be acceptable subject to the imposition of conditions.
I recommend that the planning application be approved.
I consider that all parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Permitted
Date of Recommendation: 07.06.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no. 05/11/2(D) date stamped the 21st February 2006.
C 3. The accommodation created by this approval must only be used as accommodation ancillary to that of the existing adjacent dwelling, known as The Cliffs. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling.
C 4. In order to protect the public foul sewerage that crosses the application site the line of the foul sewer must be identified before any construction commences and the sewer must be fully protected during all building operations. The agreed clearance of 2.5 metres from the development to the public sewer must be maintained during building works and at all times in the future.
C 5. The development must be connected to the public foul system in a manner acceptable to the Department of Transport Drainage Division.
C 6. There must be no discharge of surface water (including that from roofs and paved areas) from the development to any foul drainage system(s).
With regards to condition 5 the applicant/developer is advised that all drainage works will be required to conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the applicant's/developer's expense. A communication fee will be payable to the Department of Transport in respect of this drainage connection. It is a legal requirement under the Sewerage Act 1999 that the Department of Transport (as the Drainage Authority) be advised, of the date of the connection to the foul system.
N 2. It is noted that the foul connection from the development is to be connected into the existing private tail from The Cliffs. It must be noted that the section of domestic foul drain from the point of connection to the public foul sewer within the front garden of The Cliffs will remain private at all times with the responsibility for future maintenance falling to the owners or agents and their successors in titles.
N 3. The applicant/developer is requested to supply the Department of Transport Drainage Division with a copy of any Building Control application in relation to the surface water discharge from the development and in order to confirm that the foundations for the development will not place any additional loadings on the existing public foul sewer.
N 4. The applicant is advised that the Department of Agriculture, Fisheries and Forestry have identified the presence of a protected species, the dark bush cricket, within hedges in the application site. Whilst the implementation of the proposed development does not directly require the removal of only 4 hedges it is recommended that measures are taken to ensure that any disturbance is minimised. It is recommended that the Wildlife and Conservation Section are contacted for specific advice in this regard.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 8/6/06
Signed : M. I. McCauley Director of Planning and Building Control
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