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{{table:180230}} ### Considerations ### Written Representations ### Consultations
The application site comprises the curtilage of a detached dwelling that is located on Pinfold Hill in Lonan.
The proposed development comprises of the erection of a building, replacing an existing outbuilding, to provide tourist accommodation within the application site.
Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
The application site is the subject of a concurrent planning application that, at the time of writing this report, has not yet been determined. Planning application 07/01486/B seeks approval for the demolition of the existing
| Application No.: | 07/01484/B |
| Applicant: | Mr P Leneghan |
| Proposal: | Demolition of outbuilding and erection of replacement building to provide tourist accommodation |
| Site Address: | Pinfold Cottage Pinfold Hill Laxey Isle Of Man IM4 7HN |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | 07.11.2007 |
| Expected Decision Level: | Delegation |
garage and the erection of a replacement garage with ancillary accommodation above and alterations to the garden to increase parking provision with associated formation of a turning area.
Lonan Parish Commissioners recommend that the planning application be refused on the grounds that the proposed development represents an over-intensive form of development that will lead to unacceptable multi-occupancy with an unacceptable increase in traffic in a dangerous location.
The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application. The Registration and Grading Commission support the development proposed by the planning application. The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Isle of Man Fire and Rescue Service recommend that the applicant contact them to discuss the provision of appropriate fire precaution measures.
The Society for the Preservation of the Manx Countryside and Environment object to the planning application on the grounds that they consider it to be over-intensive form of development.
In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The local plan contains one policy that is considered specifically material to the assessment of this current planning application. 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."
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
The planning application proposes the erection of a building, to replace an existing outbuilding, to provide tourist accommodation. Given that the proposed use accords with the land use designation for the application site it is concluded that there are no planning policy reasons why the principle of the creation of tourist, or indeed ancillary, accommodation is not acceptable. It therefore remains necessary to assess the specific impacts of the proposed development. In that respect the specifics of the proposed development the main considerations relate to the impact of the proposal on public amenity, private amenity and highway safety.
In terms of impact on public amenity the proposed building is similar in scale and form to that of the existing building. As such the effect on public amenity, which is considered to be primarily visual, is little different to that of the existing situation and therefore acceptable.
In terms of impact on private amenity the position of the application site relative to existing surrounding properties is such that the proposed development and its use would have a suitably limited effect on private residential amenity.
In terms of highway safety the application site has sufficient space to accommodate the additional traffic that could be reasonably be expected to be generated by the use of the proposed building, either as tourist accommodation or as ancillary accommodation. There is also adequate existing space within the application site to allow vehicles to turn in order to allow the site to be exited in a forward gear.
On the basis of the above the overall level of development proposed within the application is not considered to be detrimental to the public amenity, private amenity or highways safety. Whilst there is a concurrent planning application for another proposed development within the application site the assessment of this planning application should be approached individually, as even if approved that other proposed development may not be ever be implemented. Having said that it is considered both proposed developments could be appropriately accommodated within the confines of the application site without causing undue harm or adverse impact.
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: 21.11.2007
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 drawing no.s 1484/1, AT900.1 and AT900.2 date stamped the 8th August 2007.
C 3. The accommodation created by this approval must only be used as either a) holiday accommodation for individual lets not exceeding for week±in duration; or b) accommodation ancillary to that of the existing dwelling. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling.
C 4. Prior to the first habitable accommodation of the building hereby permitted by this approval the garden wall to the front of Pinfold Cottage must be rebuilt, and thereafter retained, at a height no greater than one metre.
C 5. There must be no discharge of surface water to the main foul sewer.
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.
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: 28/11/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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