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The application site comprises of a parcel of land that is located at the south western end of Laxey Promenade. At present the application site contains a number of derelict buildings, which were formerly used as a dwelling and café with associated buildings.
The proposed development comprises of the erection of four dwellings on the application site. The proposal takes the form of two separate blocks of development, each block being three storeys in height with integral garaging at ground floor level. Amended drawings for the proposed development were received prior to the writing of this report. These amended drawings corrected an error on the layout drawings, as identified by the
Isle of Man Fire and Rescue Service, and opportunity for all parties to make further comment was correctly given.
There have been a number of previous planning applications that could be viewed as material to the assessment of this current planning application:
Planning application 02/00745/B sought approval for alterations to dwelling and conversion of café to create two flats, Cliffside and End Café, The Promenade, Laxey. This previous planning application was initially considered and approved on the 1st November 2002, with the initial approval decision notice issued on the 12th November 2002. A copy of the initial decision notice has been placed on the file for the current planning application.
Planning application 02/00987/B sought approval for the creation of 3 parking spaces to side and the demolition of building to rear, Cliffside and End Café, The Promenade, Laxey. This previous planning application was initially considered on the 1st November 2002 with a split decision issued on the 12th November 2002 that refused the creation of 3 parking spaces to side and approved the demolition of building to rear. A copy of the initial decision notice has been placed on the file for the current planning application.
Planning application 04/01063/B sought approval for the construction of three dwellings with integral garages and the demolition of existing buildings, Cliffside and End Café, The Promenade, Laxey. This previous planning application was initially considered on the 13th August 2004 with a split decision issued on the 19th August 2004 that refused the construction of three dwellings with integral garages and approved the demolition of existing buildings. A copy of the initial decision notice has been placed on the file for the current planning application.
Planning application 04/02573/B sought approval for the demolition existing buildings on the site and construction of six new dwellings each with integral double garage (resubmission), Cliffside and End Café, The Promenade, Laxey. This previous planning application was initially considered and refused on the 10th March 2005, with the initial refusal decision notice issued on the 20th April 2005. The Planning Committee resolved to confirm the refusal at review on the 24th June 2005, with the review refusal decision notice issued on the 1st July 2005. An appeal against the refusal was subsequently dismissed on the 25th October 2005 following the Minister acceptance of the recommendation of the appointed Planning Inspector. Copies of the initial decision notice, review decision notice and appeal decision have been placed on the file for the current planning application.
Planning application 05/00931/B sought approval for the demolition of existing buildings and erection of a terrace of five and one detached dwellings with integral double garages. Cliffside and End Café, The Promenade, Laxey. This previous planning application was initially considered and refused on the 18th November 2005, with the initial refusal decision notice issued on the 24th November 2005. A copy of the initial decision notice has been placed on the file for the current planning application.
Laxey Village Commissioners object to the proposed development on the grounds that they consider the height and massing of the development to be ambitious, the overall level of development to be over intensive and the design to be incompatible with the character of the promenade within the conservation area.
The Department of Transport Highways Division object to the proposed development on the grounds that they consider the parking provision and vehicle turning facilities to be inadequate to serve the needs of the development.
The Department of Transport Drainage Division have no objection to the proposed development subject to condition.
The Isle of Man Fire and Rescue Service recommend that they are consulted with regards to the provision of appropriate fire precaution measures.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority request that an informative note be attached to any approval decision notice.
The owner and/or occupant of Seacliffe, which is located in Braddan, advise that they have no objection to the proposed development.
The owner and/or occupant of Tara, which is located on Croit-e-Quill Road, objects to the proposed development. The grounds for their objection can be summarised as concern regarding traffic generation, the impact on the character of the Conservation Area, drainage provision and the suitability of the site for safe development.
The owner and/or occupant of Yn Shenn Oik Postagh, which is located on Old Laxey Hill, objects to the proposed development. The grounds for their objection can be summarised as concern regarding the impact on the character of the Conservation Area and the suitability of the site for safe development.
The owner and/or occupant of 3 Ballacannell objects to the proposed development. The grounds for their objection can be summarised as concern regarding the impact on adjoining land, the visual impact of the development, the vehicular access arrangements, traffic generation and the overall level of development.
The owner and/or occupant of Nyn Ayrn, which is located on Old Laxey Hill, objects to the proposed development. The grounds for their objection can be summarised as concern regarding the visual impact of the development, the impact on the character of the Conservation Area, the vehicular access arrangements, the car parking provision, the suitability of the site for safe development and the overall level of development.
The application site is located within an area recognised as being in predominantly residential use under the Laxey and Lonan Area Plan Order 2005.
Policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 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."
Policy L/RES/PR/15 of the Laxey and Lonan Area Plan Order 2005 states:
"Notwithstanding the above, the Department will require the provision of 3 car parking spaces per unit where at least one of the spaces is retained within the curtilage and behind the front of the dwelling. In the case of residential terraces, the Department will generally require 3 spaces per unit which is not provided within the residential curtilage should be located as close as possible to the units to be served without compromising residential amenity. In the case of apartments the Department will generally require one space per bedroom to be provided."
The application site is also located within a Conservation Area. In this respect policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
In terms of assessing the planning application it is appropriate to firstly examine the principle of development and then, if necessary, examine the specifics of what is proposed.
With regards to the principle of development the starting point for assessment has to be local plan zoning of the application site. As identified earlier within this report the application site is zoned within an area recognised as being in predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Therefore, it is reasonable to conclude that the basic principle behind the residential development of the application site is acceptable. As such, it follows that it is necessary to assess the specifics of what is proposed. The proposed development is therefore in accordance with policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 states.
In order to assess the specifics of what is proposed it is material to have regard to the planning history for the application site. In particular it is appropriate to examine the report of the appointed Planning Inspector into previous planning application 04/02573/B, which sought approval for six dwellings on the application site. In his conclusions for this previous planning application the appointed Planning Inspector stated the main issues to be
a) whether the extent and design of the proposed development would preserve or enhance the character or appearance of the Conservation Area; and b) whether the proposed vehicular access would be sufficient to ensure that there would be no significant harm in terms of vehicle congestion or danger to pedestrians.
As can be seen by an examination of the progressive planning applications the overall scale of development has significantly reduced from that proposed by previous planning application 04/02573/B, via subsequent planning application 05/00931/B, to what is proposed by the current planning application. The proposed development of the application site has evolved from a predominantly four storey block development containing six dwellings, via two separate blocks of mixed three and four storey development containing six dwellings, to two separate blocks of three storey development containing four dwellings. The design of the proposed schemes has also significantly changed through these planning applications. It has evolved from two heavily massed forms of development that echoed Victorian style and traditional design features to a relatively light form of seafront promenade style architecture that utilises extensive glazed elements. It is considered that the form of development proposed by the current planning application addresses and overcomes the highlighted concerns of the appointed Planning Inspector into previous planning application 04/02573/B. The scale, massing and design of the development proposed by the current planning application is appropriate for the Conservation Area and would serve to enhance this part of the promenade. The proposed development is therefore in accordance with policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005.
Turning to the issue of vehicular access and potential harm in terms of vehicle congestion or danger to pedestrians it has to be recognised that the reduction in the scale of development on the application site from what was proposed by previous planning 04/02573/B will have an effect on any such impact. Having examined the submitted drawings and after visiting the site I am satisfied that there would be sufficient space to allow the appropriate manoeuvring of vehicles within, and associated to, the application site. As such the previous reason for refusal has been adequately satisfied. Whilst not related to this site, and involving the Onchan Local Plan, it is considered relevant in terms of car parking provision to have regard to the report of the appointed Planning Inspector into an appeal against the approval of planning application 05/01709/B. This previous planning application sought approval for the erection of six semi-detached dwellings on a parcel of land in Onchan and was approved at the initial stage and at review. An appeal against the refusal was made on the basis that the proposed development did not provide three car parking spaces per dwelling as required by policy O/RES/P/20 of the Onchan Local Plan. In his conclusions the appointed Planning Inspector expressed the belief that a requirement for three spaces per dwelling did not conform to current thinking and expressed a view that two spaces per dwelling should be the maximum required. There is space for at least seven car parking spaces within the curtilage of the application site. Taking the recent appeal decision into account in association with the scale of development and the level of available car parking space within close proximity of the application site it is considered that the car parking provision provided within the curtilage of the application site is acceptable.
In terms of the other issues raised by the various representations to the planning application it is considered a) that the development of the site would not unduly affect or prejudice the use of the adjacent land; and b) that there is no evidence to substantiate claims that it is impossible to develop the application in a safe manner. Furthermore, it is considered pertinent to note that the neither of these issues were raised as a concern by the appointed Planning Inspector in respect of previous planning application 05/01709/B.
In conclusion, it is considered that the principle of the residential development of the application site is acceptable and that the development proposed by the planning application is appropriate. Accordingly, it is recommended 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:
The owner and/or occupant of Seacliffe; The owner and/or occupant of Tara; The owner and/or occupant of Yn Shenn Oik Postagh; The owner and/or occupant of 3 Ballacannell; and The owner and/or occupant of Nyn Ayrn.
Recommended Decision: Permitted
Date of Recommendation: 07.09.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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.s 5281/1/A and 5281/2/A date stamped the 28th July 2006.
C 3. 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 4. There must be no discharge of surface water to the main foul sewer. 05 $ [see attached sheet 845]
N 1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.
N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
N 3. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
Decision Made : Approval Committee Meeting Date : 14.9.06
[Additional condition: retention of boundary wall]
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