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The application site comprises of a parcel of land that is located between existing residential development on Ballaragh Road in Laxey.
The planning application seeks approval in principle for the erection of three dwellings on the application site. In addition to the red line plan the application includes indicative plans to show how three dwellings could be accommodated on the site.
There have been no recent planning applications that are considered material to the assessment of this current planning application.
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 Ballaquark, which is located approximately 100 metres to the north east of the application site, comments on the planning application. They highlight the local plan policy, express that they hope that this application will not lead to further development along Ballaragh Road and belief that the speed limit along Ballaragh Road should be extended.
The owner and/or occupant of Sarasota, which is located directly adjacent to the south of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that
construction work would unduly affect their health and that the development would affect the financial value of their property.
The application site is zoned for proposed predominantly residential use under the Laxey and Lonan Area Plan Order 2005 and is specifically designated as area 7.
Paragraph 4.38 of the plan relates to the development of area 7, with policy L/RES/PR/6 setting out the local plan policy for the area. Specifically, policy L/RES/PR/6 states:
"This land will be considered suitable for the development of a maximum of three new dwellings. Access and drainage arrangements must be made in accordance with the requirements of the Department of Transport. Prospective developers are advised to consult the Isle of Man Water Authority to ensure that an adequate supply of water may be provided to the development."
As the planning application seeks approval in principle it is appropriate in terms of its assessment to examine the principle of the residential development of the application site. To do that it necessary to have regard to the relevant local plan zoning and policy, which is has been summarised earlier in this report.
As the land is zoned for residential use under the local plan it follows that the basic principle behind the planning application is acceptable. In terms of the relevant local plan policy it is considered that the development proposed in principle by the planning application (i.e. three dwellings on the site) accords with the provisions of policy L/RES/PR/6. The specific design of these dwellings, means of access and drainage arrangements are matters for consideration as part of any subsequent reserved matters planning application. Having said that, the indicative plans demonstrate how three relatively substantial dwellings could be accommodated on the site within appropriate space without detriment to the existing properties within the surrounding area, the site frontage is sufficient to be able to achieve safe means of access, and there is no evidence to indicate that drainage is problematic. The applicant’s agent has submitted a letter from the Isle of Man Water Authority that identifies that an adequate supply of water can be provided to the development. Accordingly, it is considered that the proposed development accords with the zoning and policy of the local plan.
In terms of objections to the planning application the issues of construction nuisance and impact on financial value are not material planning considerations and therefore cannot form reason for refusal.
Based on the above reasoning 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:
Recommended Decision: Permitted
Date of Recommendation: 08.09.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 site defined by the red line as shown on drawing no. HLK/06/0322/2 date stamped the 24th July 2006.
N 1. The applicant/developer is recommended to discuss the detail of any subsequent reserved matters planning application with the relevant representatives of the Planning Authority and the Highway Authority prior to making any submission.
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.
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: 6/4/08
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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