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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises of a parcel of land that is located between existing residential development on Glen Road in Laxey. The proposed development comprises of the erection of a dwelling on the application site.
There have been three previous planning applications that could be viewed as material to the assessment of this current planning application.
Planning application 99/01414/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was initially considered and approved on the 17th December 1999, with the initial approval decision notice issued on the 21st December 1999. The Planning Committee confirmed the approval at review on the 11th February 2000, with the review approval decision notice issued on the 6th March 2000. In accordance with recommendation of the appointed Planning Inspector the Minister dismissed an appeal against the approval, with the appeal approval decision notice issued on the 14th June 2000.
06/00956/B sought approval for the erection of a dwelling with car parking and turning area on the application site. This previous planning application was considered and approved on the 20th July 2006, with the approval decision notice issued on the 28th July 2006.
07/00148/B sought approval for the erection of a dwelling on the application site. This previous planning application was considered and refused on the 15th March 2007, with the refusal decision notice issued on the 20th March 2007.
Laxey Village Commissioners have no objections to the planning application.
The Department of Transport Highways Division object to the proposed development.
The Department of Transport Drainage Division have no objections to the proposed development subject to the imposition of conditions and notes.
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 1 Marguerite Cottage, which directly neighbours the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development does not suitably address the reason for refusal of previous planning application 07/00148/B.
The application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 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."
The application site is also within a Conservation Area. 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)."
The planning application seeks approval for the erection of a dwelling on the application site. The applicants submitted an amended drawing in response to the objection from the Department of Transport Highways Division. This amendment removed part of the proposed gateway and widened the vehicular entrance to the site. The amended drawing was duly advertised and opportunity given for representations, although no further representations were received. Nevertheless it is considered logical that the amendment addresses the Highways Division's objection as visibility and on-site manoeuvrability is significantly improved.
In terms of assessing the planning application it is considered that the given the local plan land use designation and the previously approved planning application that the principle of residential development of the application site is acceptable. It therefore remains necessary to assess the specifics of the proposed development against local plan policy and the reason for refusal of previous planning application 07/00148/B.
Policy L/RES/PR/1 can basically be broken down into two parts. Firstly, it deals with the principle of residential development. As previously stated, given the local plan land use designation the principle of residential development accords with this first part of the policy. The second part of the policy relates to the impact of development on the public and private amenity of the surrounding area. Essentially this is an assessment of the proposed development against the reason for refusal of previous planning application 07/00148/B, which highlighted concerns regarding the impact of the height and massing of any dwelling on the surrounding area.
The ridge height of the current proposed dwelling measures 7.6 metres, which represents a 1.1 metre decrease in height from the dwelling proposed by planning application 07/00148/B. The previous planning application was supplemented by a street elevation drawing to compare the height of the proposed dwelling against existing dwelling. This drawing can be used to aid the visualisation of the setting of the dwelling proposed by the current planning application, albeit without boundary treatments. In this respect it is considered that the decrease in overall height of the proposed dwelling is appropriate and given the variety of heights of dwellings in the surrounding area that the impact on streetscene is acceptable. With the reduction in height there is a corresponding reduction in the mass of the building. The proposed dwelling does not adversely affect the private residential amenity of the neighbouring properties.
In terms of policy L/CRB/PR/4 and the effect of the proposed development on the character and appearance of the Conservation Area it is considered that the design of the dwelling is appropriate and in keeping. As such the setting and character of the Conservation Area is not unduly harmed by the proposed development.
For the above reasoning it is recommended that the planning application be approved.
It is considered 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:
It is considered 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:
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. 06/7881/1(f) date stamped the 21st May 2007.
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.
C 5.
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 03.07.2007 |
The proposed surface water discharge to the watercourse must be via a spillway, which must be constructed to Department of Transport Drainage Division specifications.
N 1. 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 2. The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application.
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: 4/7/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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