30 July 2008 · Committee
Laxey Garage, Ramsey Road, Laxey, Isle Of Man, IM4 7pd
This application sought permission to erect a building containing 26 sheltered apartments on the former Prince's Motors site adjacent to the Manx Electric Railway line and Ramsey Road in Laxey. The proposal included associated car parking, landscaping, and decked open space. The Planning Committee refused the application on 30 July 2008. The sole stated refusal reason was that the development did not provide adequate levels of on-site external amenity space to serve the needs of future occupants. Key issues examined during the process included the visual impact of the proposed building, its effect on surrounding residential properties, and the adequacy of vehicular access and car parking. The case officer's position had been to defer the matter pending a legal agreement rather than to refuse outright, but the Committee decided to refuse.
The Planning Committee refused this application. The stated reason was that the proposal did not provide sufficient on-site external amenity space to meet the needs of future residents, which conflicted with recreation policy in the Isle of Man Strategic Plan 2007. The officer's position had been to defer pending a legal agreement rather than an outright refusal.
Refusal Reasons
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential.
General Policy 2
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
General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 36
Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area.
Housing Policy 4
New housing will be located primarily within our existing towns and villages
mplications of the Landscape Character Assessment Landscape Types - Coastal Cliffs, Incised Slopes, Uplands, Undulating Lowland Plain, Islands Landscape Area - H2 (Fleshwick) , H3 (Bradda Head) , H4 (Cregneash Head and Meayll Peninsula), A2 (Southern Uplands) , F8 (Poyll Vaaish and Scarlett Peninsula), J1 (Calf of Man). i. A number of Landscape Character Types/Areas are identified in Rushen stretching from the Southern Uplands to the Meayll Peninsula. Care is needed in order to protect this array of d ifferent landscapes which include open and windswept coastal stretches and inland moorland, high and dramatic sea cliffs and pastoral and arable fields. ii. The Parish of Rushen is split into 3 distinct physical areas by the local authority areas of Port St Mary and Port Erin. The largest area stretching from its boundary with Patrick in the north to the boundaries of Port Erin and Port St Mary. The other 2 areas are the Meayll Peninsula and the Calf of Man. The Landscape Character Assessment stresses the importance of avoiding the coalescence of Ballafesson and Port Erin and also Port Erin and Port St Mary. Sufficient green space should be retained between the settlements of Ballafesson, Port Erin, Ballagawne /Ballakillowey, and Port St Mary to ensure preservation of their separate identities. iii. Avoid any new areas of ribbon development along the southern coastline at Bay ny Carrickey. Landscape Proposal 9: Additional new built development (other than development ancillary to existing properties) should not be permitted alongside the coastal road between the Shore Hotel and Pooil Vaaish Farm. Landscape Proposal 10: Any additional new built development on the Meayll Peninsula, other than very limited development near its northern edge at the former Marine Biological Station, should be avoided as such development would adversely affect the largely unspoilt character and appearance of the Peninsula and/or would diminish its role in providing a vegetated, undeveloped backdrop to Port Erin, Port St Mary and Cregneash. Landscape Proposal 11: Should the opportunity arise, the radio beacon on Cronk ny Arrey and other communications apparatus on the Meayll Peninsula should be removed or, if necessary, replaced by more modest and less intrusive structures. Landscape Proposal 12: The cluster of buildings at The Howe around the Methodist Chapel is quite exposed and appears on some local skylines. Care should be taken when considering proposals to change the roofscape or silhouettes of the buildings. Landscape Proposal 13: The buildings at Glen Chass are pleasantly and haphazardly scattered around the winding road down to Fistard. The spaces between the buildings make a significant contribution to the character of the group; any proposals to extend properties should be of subordinate scale to the parent building so as to protect these spaces. Landscape Proposal 14: The character of the group at Ballakilpheric/Cronk e Dhooney arises principally from the largely informal setting around the lanes which serve the dwellings, the farms and the Chapel. Changes to the spaces between the buildings should be of informal character, avoiding extensive paving, kerbing or inappropriate fencing.
Housing Policy 5
In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing.
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Housing Policy 6
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Recreation Policy 3
Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design.
and other Island -wide considerations relevant at the time. c. As there is uncertainty over the need for and the timing of their release, the two residential Strategic Reserve S ites (SR1 and SR3) are shown as being outside the settlement boundar y for Colby. Pending any additiona l land release, the se Strategic Reserve Sites will be subject to General Policy 3 (Development outside of area s zoned for development) of the Isle of Man Strategic Plan and development will not be permitted that would prejudice their future use. If, and w hen an identified Reserve Site has been released, the site would then form part of the built up area and taken to be within the identified settlement boundary and subject to General Policy 2 (Development within land-use zones) of the Isle of Man Strategic Plan.
Transport Policy 4
The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.