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The application site comprises of a parcel of land that is located on Clay Head Road, adjacent to existing residential development, in Lonan.
The proposed development comprises of the erection of a dwelling and detached garage on the application site.
There have been four previous planning applications that I consider relevant to the assessment of this current planning application. The first three planning applications (02/01640/A, 03/00640/A and 05/00924/A) are directly related to the application site for this current planning application. The fourth planning application (03/00639/B) relates to a development that I consider being associated to the development of the application site for this current planning application.
Planning application 02/01640/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was initially considered and refused on the 16th January 2003, with the initial refusal decision notice issued on the 23rd January 2003. The refusal was confirmed at a subsequent review on the 7th March 2003, with the review refusal decision notice issued on the 12th March 2003.
Planning application 03/00640/B sought approval in principle for the erection of a dwelling on the application site. This previous planning application was initially considered and refused on the 8th August 2003, with the initial refusal decision notice issued on the 13th August 2003. The refusal was confirmed at a subsequent review on the 12th December 2003, with the review refusal decision notice issued on the 19th December 2003. Following the Minister's acceptance of the appointed Planning Inspector's recommendation to dismiss a subsequent appeal the refusal was confirmed on the 5th May 2004.
Planning application 05/00924/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was initially considered and refused on the 15th July 2005, with the initial refusal decision notice issued on the 25th July 2005. The refusal was confirmed at a subsequent review on the 16th September 2005, with the review refusal decision notice issued on the 27th September 2005.
Planning application 03/00639/B sought approval for the creation of a vehicular turning area with three parking spaces on a parcel of in close proximity to the application site for the current planning application. This previous planning application was initially considered and approved on the 8th August 2003, with the initial approval decision notice issued on the 13th August 2003. The application site for this previous planning application is reflected by the blue line ownership, as shown on drawing no. HLK/06/0124/4, which has been submitted as part of the current planning application.
Lonan Parish Commissioners object to the development proposed by the planning application. The grounds for their objection can be summarised as concern that the proposal does not accord with specific designation within the Laxey and Lonan Area Plan, that it is disproportionately large in comparison to the adjacent dwellings, that the access is poor and that it will be made worse by the increase in use.
The Department of Transport Highways Division do not oppose the development proposed by the planning application subject to the imposition of conditions/notes.
The Manx Electricity Authority make no comment on the merit of the development proposed by the planning application but requests that an informative note be attached to any approval decision notice.
The Isle of Man Water Authority make no comment on the merit of the development proposed by the planning application but requests that an informative note be attached to any approval decision notice.
The Isle of Man Fire and Rescue Service make no comment on the merit of the development proposed by the planning application but recommends that the applicant consults them to discuss the provision of appropriate fire precaution measures.
The owner and/or occupant of Seacliffe, which is located in Braddan, supports the development proposed by the planning application.
The application site is designated as proposed residential use under the Laxey and Lonan Area Plan. The site is specifically referred to as area 12 – Land adjacent to Clay Head Farm.
Policy L/RES/PR/9 of the Laxey and Lonan Area Plan states:
"This area will be considered suitable for the erection of one new dwelling which may be served by a new septic tank. Such a dwelling must not adversely affect the amenities of adjacent property and must be single storey. Provision must be made for the turning of vehicles within the site so that vehicles may enter and exit the site in a forward gear. Development proposals must also include the provision, as an extension to the public highway, a turning facility for vehicles using Clay Head Road."
In terms of assessing the planning application and the development it proposes I consider it necessary to look at the relevant planning history and the relevant planning policy, which in turn ensures an assessment of the specific impact of the dwelling.
As can be seen previous planning applications seeking approval in principle have been refused. However, since the refusal of these previous planning applications the Laxey and Lonan Area Plan has been adopted, which materially changes the circumstances under which a related planning application has to be assessed. As such, the refusal of these previous planning applications does not automatically mean that the development proposed by the current planning application is unacceptable. It is necessary to assess the proposed development against the Laxey and Lonan Area Plan.
In terms of an assessment of the development proposed by the planning application against the Laxey and Lonan Area Plan it is material that the site is specifically designated for residential development. As such the principle behind the proposed development has to be acceptable and it is necessary to assess the proposal against the relevant policy, i.e. L/RES/PR/9. Having examined the submitted drawings I am satisfied that by reason of its size in relation to the site, its position on the site and its design that the proposed dwelling will not adversely affect the amenity of the existing surrounding properties. In coming to this opinion I do not accept the objection and concerns of Lonan Parish Commissioners. The site contains an acceptable turning facility and I am satisfied that the specifics of the access arrangements can be controlled through condition. The relevant turning facility for vehicles using Clay Head Road has already been approved through planning application 03/00639/B. I am unsure whether this approval has been implemented and suggest that a 'Grampian' style condition requiring it to be done prior to the commencement of work on the dwelling would be reasonable and appropriate.
Overall I consider the proposed development to be in accordance with planning policy, to be without adverse impact on amenity and acceptable. I recommend that the planning application be approved.
I consider 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:
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 04.07.2006
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.
C 2. This approval relates to drawing no.s HLK/06/0124/1, HLK/06/0124/2, HLK/06/0124/3 and HLK/06/0124/4 date stamped the 28th April 2006.
C 3. The roof(s) must be finished in natural slate or a high quality imitation slate.
C 4. Prior to the commencement of development the turning facility and parking area approved under planning application 03/00639/B must be constructed and be capable of use.
C 5. Prior to the occupation of the dwelling the access arrangements must be set out in accordance with drawing no. HLK/06/0124/3 to provide minimum visibility splays of 2 metres by 23 metres.
N 1. The applicant/developer is recommended to consult the Isle of Man Fire and Rescue Service with regards to the provision of appropriate fire precaution measures.
N 2. 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 3. The applicant/developer is recommended to consult the Isle of Man Electricity Authority to discuss the provision of a electricity supply.
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: 7/7/06
Signed: M. I. McCauley Director of Planning and Building Control
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