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The application site comprises of a) land to the east of Ballacollister Heights; and b) land adjacent to Ballacollister Road in Laxey.
The planning application seeks approval in principle for residential development of six plots with associated access road, parking and services within the application site.
The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application.
Planning application 92/00714/A sought approval in principle for residential development, land at Ballacollister, Laxey. This previous planning application was initially refused on the 18th September 1992. The refusal was confirmed at review, with the review refusal decision issued on the 8th March
Planning application 04/01089/A sought approval in principle for a residential development of six building plots and access road on fields 614589, 612008 & 612011, Ballacollister Road, Laxey. This previous planning application was initially considered and refused on the 30th September 2004, with the initial refusal decision notice issued on the 1st October 2004. The refusal was confirmed at review by the Planning Committee on the 10th March 2005, with the review refusal decision notice issued on the 15th March 2005. An appeal against the refusal was subsequently dismissed by the Minister on the 29th September 2005. Copies of these decision notices and appeal report have been placed on the file for this current planning application.
Laxey Village Commissioners have no objections to the planning application. The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application subject to conditions.
The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Officer highlights the potential presence of dark bush crickets within the application site and requests that appropriate measures be put into place in the event of approval being granted.
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.
There are a significant number of third party public objections to the planning application. The grounds for objection can be summarised as concern regarding:
The owner and/or occupant of Seacliffe, which is located in Braddan, have no objection to the proposed development, considering it to be in general conformity with relevant planning policy.
In terms of land use designation the application site is part designated as proposed predominantly residential, part open space for particular purpose (private woodland or parkland) and part predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The part of the application site that contains the proposed residential development is identified as Area 1 within the local plan.
In addition to general policies, the Laxey and Lonan Area Plan 2005 contains four policies that are considered specifically material to the assessment of this current planning application:
"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."
"Residential development may be permitted on this site where such development conforms with the following development brief:
"There will be a general presumption against development in areas designated as open space or open space for particular purposes."
"No development will be permitted where the sewage produced as a result of the development cannot be dealt with in a manner to the satisfaction of the Department of Transport and Department of Local Government and the Environment."
In terms of strategic plan policy, the Isle of Man Strategic Plan contains three policies that are considered specifically material to the assessment of this current planning application:
"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:
"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
The planning application seeks approval in principle for the erection of six dwellings within the application site. The application submission comprises of i) a location plan defining the application site in red; ii) a site plan that shows an indicative layout for six dwellings together with site levels and information about service provision, hedge retention and vehicular visibility; iii) a drawing showing the proposed highway improvements along Ballacollister Road; and iv) information regarding transport impact and drainage provision.
The main considerations in the assessment of the planning application has to be the land use designation of the application site under the Laxey and Lonan Area Plan Order 2005 and the relevant planning policies of both the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007. In addition to that it is also considered relevant to have regard to the previous planning history of the application site and the conclusions of any relevant previous planning applications.
Previous planning application 04/01089/A, which sought approval in principle for a residential development of six building plots and access road on the application site and was refused, was the subject of a planning appeal. The conclusions of the appointed Planning Inspector are considered material to the assessment of this current planning application. In his assessment, the Inspector identified the three main issues to consider to be i) the adequacy of Ballacollister Road to service the development; ii) the disposal of mains sewage; and iii) the disposal of surface water drainage. In respect of i) he concluded that the existing narrow width of Ballacollister Road was inadequate for the proposed level of development. In respect of ii) it was concluded that subject to detail the disposal of mains sewage should be acceptable. In respect of iii) the Inspector concluded that insufficient information regarding the disposal of surface water drainage had been detailed within the planning application and that he was therefore not convinced that the matter could be properly addressed. He also considered, but discounted, the issue of radiation from the radio mast on the grounds of it not being a material planning consideration, the issue of visual impact on the grounds that was a matter for assessment at the detailed application stage, and the issue of water supply on the grounds that there was no evidence to demonstrate a problem.
In terms of land use designation, as stated earlier in this report, part of the application site is designated for proposed predominantly residential use under the Laxey and Lonan Area Plan Order 2005. This designated part accords with the area identified as residential development within the submitted planning application, with the remaining areas within the application site either being open space not proposed for development or land within the existing residential area that relates to proposed highway improvements.
By virtue of the land use designation as proposed predominantly residential use, it is concluded that the proposed residential development of the relevant part of the application site is in principle acceptable. As the land designated as open space is not proposed to be developed, it is also
considered acceptable and the proposed highway improvement works accord with the relevant land use designation. Having said that it is appropriate to examine the planning application against the conclusions of the appointed Planning Inspector into the appeal for previous planning application 04/01089/A. Using the same three issues as before, in terms of i) it is evident within the current planning application that works are proposed to improve the vehicular and pedestrian provision along Ballacollister Road to the application site entrance. These significantly alter the access arrangements for the proposed development, are not opposed by the Department of Transport Highways Division and are considered to address the previous concerns of the appointed Planning Inspector. As the land required to undertake these improvements is defined within the application site it is possible to impose appropriate conditions. In terms of ii) it remains that there are no material planning reasons why mains sewage cannot be properly disposed of, which is reflected by the representation from the Department of Transport Drainage Division. In terms of iii) the planning application contains a greater level of detail than the previous planning application regarding the disposal of surface water drainage, which is considered to sufficiently demonstrate that appropriate measures can be put in place to meet the requirements of the proposed development. It is therefore considered that the reasons for refusal of the previous planning application have been addressed by the additional proposals and information contained within this current planning application.
As per the conclusions of the previously appointed Planning Inspector it is considered that other matters raised by the various representations to the planning application are either not material planning considerations or do not carry sufficient weight to alter the assessment of the planning application. The principle of residential development has been established by the land use designation within the Laxey and Lonan Area Plan Order 2005, which was the subject of public inquiry and due consideration before approval by Tynwald. Consequently, if the principle of residential development is accepted it remains necessary to set out conditions to define appropriate development. In this respect the brief set out within policy L/RES/PR/2 of the Laxey and Lonan Area Plan Order 2005 effectively covers the site specific issues that need to be addressed, with other standard material planning considerations being covered by general planning policies set out within the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007.
Having had regard to the above and the various representations to the planning application it is concluded that the proposal is acceptable. It is recommended that the planning application be approved subject to conditions.
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:
The Isle of Man Water Authority; The Manx Electricity Authority; The owners and/or occupants of Seacliffe; The owners and/or occupants of The Mount; The owners and/or occupants of Ballacollister Farm; The owners and/or occupants of 2 Glen View; The owners and/or occupants of Briardale; and Mr S Rodan SHK.
Recommended Decision: Permitted
Date of Recommendation: 28.11.2007
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 land defined by the red line on drawing no. 301 rev. A date stamped the 22nd August 2007.
C 3. Any reserved matters planning application must include a landscaping scheme that is designed to minimise the impact of the development, particularly as viewed from the other side of the valley and to maximise the privacy of adjacent property.
C 4. Any reserved matters planning application must retain and incorporate the existing hedgerows that are contained within the application site.
C 5. The dwellings proposed within any reserved matters planning application must be predominantly single storey and must be designed as individual units with a variety of house styles that take account of the natural contours of the site.
C 6. 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 7. Any reserved matters planning application must include full details of the highway improvements to Ballacollister Road within the land defined by the red line on drawing no. 301 rev. A date stamped the 22nd August 2007.
C 8. Any reserved matters planning application must include an assessment of the application for the presence of dark bush-crickets. In the event of their presence, a method statement or scheme for their protection must be submitted as part of any reserved matters planning application.
N 1. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
N 2. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
Decision Made: APPROVED Committee Meeting Date: 26/12/17
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