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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.
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.
Planning application 06/00791/B sought approval for the demolition of existing dwellings, garage and outbuildings and erection of four replacement dwellings with integral garages and additional on site parking, Cliffside and End Café, The Promenade, Laxey. This previous planning application was considered and approved on the 14th September 2006, with the approval decision notice issued on the 18th September 2006. An appeal against the approval was subsequently upheld on the 20th February 2007 following the Minister acceptance of the recommendation of the appointed Planning Inspector. Copies of the initial decision notice and appeal decision have been placed on the file for the current planning application.
Laxey Village Commissioners object to the planning application. The grounds for their objection can be summarised as concern regarding the design of the proposed development in relation to the Conservation Area, the level of car parking provision, the vehicular access arrangements to the site, the impact on public safety, the effect of development on the integrity of the walkway and seawall, and drainage access arrangements.
The Department of Transport Drainage Division do not oppose the planning application subject to the imposition of conditions.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment object to the planning application. The grounds for their objection is based on previous planning applications and the desire for the renovation of the existing buildings.
The owners and/or occupants of Wavecrest, which is located approximately 110 metres to the north east of the application site, object to the planning application. The grounds for their objection can be summarised as concern that proposed development is an over intensive use of the site. They are also concerned that vehicular access and car parking arrangements for the proposed development are problematic.
The owner and/or occupant of Tara, which is located on Croit-e-Quill Road, objects to the planning application. The grounds for their objection can be summarised as concern regarding traffic generation, the impact on the character of the Conservation Area, drainage provision, the suitability of the site for safe development and the implications of previous planning applications for the site.
The owner and/or occupant of Cliffmount, which is located above the application site on Old Laxey Hill, objects to the planning application. The grounds for their objection can be summarised as concern that the construction of the proposed development will adversely affect the stability of the cliff face.
The owner and/or occupant of 2 Glen View, which is located in the South Cape area of Laxey, objects to the planning application. The grounds for their objection can be summarised as concern regarding the level of development, the scale of the development, the design of the development, the impact on the character of the Conservation Area, the vehicular access arrangements, parking arrangements and, the suitability of the site for safe 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 owner and/or occupant of Seacliffe, which is located in Braddan, generally supports the planning application.
The application site is located within Laxey Conservation Area.
In terms of strategic planning policy the Isle of Man Strategic Plan contains three policies that are considered specifically material to the assessment of this current planning application.
General Policy 2 sets the main considerations for development within land use zones and states:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
Environment Policy 35 sets out the considerations in respect of development within Conservation Area and states:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Housing Policy 4 sets the position in respect of new residential development and states:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
In terms of local plan policy the application site is designated within an area of predominantly residential use under the Laxey and Lonan Area Plan Order 2005. There are three policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically material to the assessment of this current planning application.
Policy L/RES/PR/1 relates to residential development and 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 relates to car parking provision for residential development and 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."
Policy L/CRB/PR/4 relates to development within the Conservation Area and 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 development proposed by this current planning application is basically identical in form to that proposed by previous planning application 06/00791/B. The previous planning application was refused by the Minister in accordance with the recommendation of the appointed Planning Inspector. That Planning Inspector concluded that there were three main issues to consider in respect of the proposed development. Those issues were a) whether the occupants of the proposed development would be in serious danger due to either landscape or inundation; b) whether the proposed development would preserve or enhance the character of the Conservation Area; and c) whether traffic to and from the proposed development would lead to unacceptable hazards for pedestrians in the area.
The appointed Planning Inspector concluded that issues b) and c) were acceptable. In respect of b) they found that the extracting buildings detract from the character of the Conservation Area and that the proposed development showed sensitivity to its position that would provide a stop to the vista of the promenade. As such they concluded that the proposal would enhance the Conservation Area. In respect of c) they found that any increase in traffic levels occurring from the proposed development would be small and that traffic speeds would be low meaning that any impact on highway safety would be duly limited. They also found that, regardless of the local plan standards, the level of car parking provision associated to the proposed development would be satisfactory for the proposed development.
It was on the basis of issue a) that the appointed Planning Inspector recommended that the previous planning application be refused. They expressed concern regarding the lack of information relating to the stability of the
slope to the rear of the proposed development and concern regarding the potential for inundation of the application site. It was their conclusion that the planning application needed to examine this issue, and they recommended refusal of the previous planning application on that basis.
It is material to have regard to the outcome of previous planning application 06/00791/B as a major material consideration in the assessment of the current planning application. Given the findings of the previously appointed Planning Inspector it has to be concluded that the design of the proposed development, its impact on highway safety and the level of car parking provision are all acceptable. This current planning application needs to primarily assess evidence and issues relating to the stability of the slope and the potential for inundation of the application site.
In terms of the issue of slope stability the planning application includes a ground investigation report into the structural stability of the slope. This report, along with information from the applicant, highlights that a previous slippage was the result of the re-surfacing works of the above highway combined with record rainfall. It is reasonable to view this combination of events as unique. As such the potential for further slippage in a similar manner has to be limited. The report establishes that the re-introduction of vegetation to the slope would help to prevent further slippage and that several different measures can be put in place as additional safeguards, although some of these measures are dependant on slope ownership. Given the information submitted it is considered that the planning application has addressed the issue of slope stability. To an extent the matter of works to the slope to prevent further slippage are for the purchasers of the proposed dwellings, something that was also highlighted by the previous appointed Planning Inspector, and outside of the remit of the planning application. What the planning application has done is identify potential issues and possible measures that could be put in place.
In terms of potential inundation the previously appointed Planning Inspector made reference to Environment Policy 11 of the Isle of Man Strategic Plan. This policy states:
"Coastal development will only be permitted where it would not:
i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes; ii) prejudice the capacity of the coast to form a natural sea defence; and iii) increase the need for additional coast protection works except where necessary to protect existing investment or development."
Whilst the planning application does not propose any additional sea defences the application site is protected by the adjacent existing sea wall with the proposed development containing limited living accommodation below first floor level. Similarly to the issue of slope stability it is considered that there is an element of caveat emptor to the issue of inundation, as the developer and any purchaser will be clearly aware of the coastal positioning of the site and potential effect of storms. The application site contained development, has had previous planning approval for development and is in a similar position to that of other existing residential property within the area. The proposed development does not increase the potential for coastal flooding within the area. On that basis it is considered that it would be unreasonable to refuse the planning application on the grounds of potential inundation.
Having regard to the findings of the previous planning application and the information submitted with this current planning application it is concluded that the proposed development is acceptable. Accordingly, 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:
Recommended Decision: Permitted Date of Recommendation: 28.08.2007
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 SM07/123/1 and SM07/123/2 date stamped the 28th June 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.
N 1. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
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.
Decision Made : APPROVED Committee Meeting Date : 6/9/07
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