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The application site comprises of a parcel of land that is located adjacent to Ramsey Road in Laxey.
The proposed development comprises of the erection of a building containing 26 sheltered apartments with associated car parking and landscaping.
The application site has been the subject of a number of previous planning applications, three of which are considered to be specifically material to the assessment of this current planning application.
Planning application 97/0287 sought approval in principle for the demolition of existing property and construction of sheltered housing on the application site. This previous planning application was initially considered and approved on the 4th July 1997, with the initial approval decision notice issued on the 11th July 1997.
Planning application 97/0288 sought approval in principle for the demolition of existing property and construction of nursing home on the application site. This previous planning application was initially considered and approved on the 4th July 1997, with the initial approval decision notice issued on the 11th July 1997.
Planning application 07/00273/B sought approval for the erection of a building containing 26 sheltered apartments with associated car parking and landscaping on the application site. This previous planning application was considered and refused on the 6th September 2007, with the refusal decision notice issued on the 10th September 2007. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 22nd January 2008. Copies of these decision notices for the previous planning application have been placed on the file for this current planning application.
Laxey Village Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is an over-intensive form of development, that the design of proposed building is not appropriate for the historic setting of Laxey, that levels of car parking provision are inadequate, that levels of amenity space are lacking, and that there are highway safety implications.
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 Department of Agriculture, Fisheries and Forestry's Inland Fisheries Manager does not object to the planning application provided that there is no development within 8 metres of the watercourse.
The Department of Local Government and the Environment's Chief Environmental Health Officer expresses an interest in the planning application.
The Department of Local Government and the Environment's Estates and Housing Directorate comments on the provision of affordable housing.
The Isle of Man Water Authority express an interest in the planning application. The Manx Electricity Authority express an interest in the planning application. The Disability Access Office express an interest in the planning application. The Isle of Man Fire and Rescue Service recommend that the developer discuss the provision of appropriate fire precaution measures with them.
A significant number of objections to the planning application have been received from public third parties. These objections can be summarised as concerns regarding the level of development proposed on the application site, the visual impact of the proposed building, the height of the proposed building, the effect on the historic setting of Laxey, the level of car parking provision, the impact on highway safety, the adequacy of sewage disposal for the proposed development, the impact on development on sun light, the impact of development on privacy, the ground conditions on the application site, and the impact of construction disturbance.
In terms of land use designation the application site is within a wider area of land that is designated as predominantly residential use on the current Laxey and Lonan Area Plan. The site is adjacent to, but not within, Laxey Conservation Area.
In terms of local plan policy the application site is referred to at paragraph 4.66 of the Laxey and Lonan Area Plan Order 2005 as a potential site for residential development, although there is no site specific policy for the application site. The Local Plan contains one policy that is specifically material to the assessment of this current planning application, policy L/RES/PR/1 which 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 the Isle of Man Strategic Plan contains a number of policies that are material to the assessment of this current planning application. Of these it is considered that General Policy 2, Environment Policy 36, Housing Policy 4, Housing Policy 5, Housing Policy 6, Recreation Policy 3, Transport Policy 4 and Transport Policy 7 are specifically material to any assessment.
General Policy 2 relates to general material considerations 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 36 relates to the setting of Conservation Areas and states: "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 relates to the location of 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:
Housing Policy 5 relates to affordable housing provision and states: "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. This policy will apply to developments of 8 dwellings or more."
Housing Policy 6 relates to material considerations and states: "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." Paragraph 6.2 refers back to General Policy 2. Recreation Policy 3 relates to amenity space provision and states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."
Transport Policy 4 relates to highway safety and states: "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, and in accordance with the environmental objectives of this plan."
Transport Policy 7 relates to car parking provision and states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The planning application seeks approval for the erection of a building containing 26 sheltered apartments with associated car parking and landscaping.
Given the predominantly residential land use designation under the Laxey and Lonan Area Plan Order 2005 and the previous planning applications it is considered that the principle of the residential development of the application site is acceptable. It therefore remains necessary to examine the site specific impacts of the proposed development. In this respect the key issues are the visual impact of the proposed development, the effect of the proposed building on the surrounding residential properties, the adequacy of the vehicular access arrangements and car parking provision for the proposed development, and the level of open space provision. Given the similarities between the development proposed by this current planning application and that proposed by previous planning application 07/00273/B it is considered that the conclusion of the appeal against the refusal of that previous planning application is a significant material planning consideration in the assessment of the site specific impacts.
In terms of the visual impact of the proposed development the appointed Planning Inspector for previous planning application 07/00273/B concluded that the form, scale, design and impact on the setting of the adjacent Conservation Area were acceptable. On the basis that these elements are unchanged within this current planning application it has to be concluded that the current planning application is acceptable in these regards. The effect of the proposed development on the residential amenity of the existing surrounding properties is also considered to be acceptable, as it was with previous planning application 07/00273/B.
In respect of vehicular access arrangements and car parking provision the assessment of the planning application has to be primarily guided by the professional advice of the Department of Transport Highways Division, Appendix 7 of the Isle of Man Strategic Plan and the conclusion of previous planning application 07/00273/B. It is noted that the Highways Division do not oppose the planning application in either respect, that the application site is close to other public transport alternative modes of transport and that level of car parking proposed by the planning application exceeds the requirement of one space per three sheltered housing units set out by Appendix 7. Based on this, and that the conclusion of the appointed Planning Inspector for previous planning application 07/00273/B, it is considered that proposed development is acceptable in this respect.
As regards the level of open space provision for the proposed development it can be seen that this was a concern of the appointed Planning Inspector for previous planning application 07/00273/B. This concern subsequently formed the sole reason for refusal of that previous planning application, which stated: "The provision of external open space for residents to use for casual recreation and sitting out is wholly inadequate for the needs of the occupants of 26 sheltered apartments." The current planning application seeks to address this issue through creation of a decked area for the use of the residents. Given that Appendix 6 of the Isle of Man Strategic Plan does not define specific standards for sheltered accommodation and states that it is necessary to have regard to the individual circumstances of each planning application when considering open space requirements it is considered that the space provided by the proposed decked area is appropriate. It should also be noted that the surrounding area contains several amenity areas. Visually, the proposed decking is considered to be an acceptable addition to the area. Therefore, on the basis of the above, it is concluded that the reason for refusal of previous planning application 07/00273/B has been addressed.
Other issues raised by representations to the planning application include drainage and sewage disposal for the proposed development, grounds conditions across the application site, and the impact of construction traffic. In respect of these issues, the Department of Transport Drainage Division has advised that they do not oppose the proposed development subject to conditions. On the basis of that professional advice it is assumed that there are no planning issues relating to the provision of appropriate drainage and sewage disposal. The issue of ground conditions is considered to be a matter of foundation design, which would be a matter for building
regulation legislation not planning legislation. The issue of construction traffic is not normally held to be a material consideration in the assessment of a planning application as any disturbance is not permanent.
Overall, it is concluded that the proposed development addresses the reason for refusal of previous planning application 07/00273/B. It is therefore recommended that the planning application be approved subject to a legal agreement regarding the provision of affordable units within the development.
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:
Laxey Village Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; The Department of Agriculture, Fisheries and Forestry's Inland Fisheries Manager; The Department of Local Government and the Environment's Chief Environmental Health Officer; The Department of Local Government and the Environment's Estates and Housing Directorate; Mrs Head, 1 Glen Mooar, Laxey; Mrs Newton, 25 Glen Mooar, Laxey; Mr \& Mrs Castle, Lhergy West, Ramsey Road, Laxey; Mr G Saunders \& Ms D Caley, Highcliffe, Ramsey Road, Laxey; In terms of the petition of 141 signatories that has been submitted by Mr P Castle of Lhergy West, Ramsey Road, Laxey it considered that the following persons meet the criteria of Government Circular 1/06 and should be afforded interested party status: V Milligan, 9 Glen Mooar, Laxey; G Leece, 29 Glen Mooar, Laxey; S Castle, Lhergy West, Ramsey Road, Laxey; E Castle, Lhergy West, Ramsey Road, Laxey; M Head, 1 Glen Mooar, Laxey; R Senogles, 2 Glen Mooar, Laxey; N Kermode, 18 Glen Mooar, Laxey; J Newton, 25 Glen Mooar, Laxey; A Quayle, 26 Glen Mooar, Laxey; R Lowthian, 27 Glen Mooar, Laxey; J Cowley, 4 Glen Mooar, Laxey; A G Quayle, 5 Glen Mooar, Laxey; and N Davies, 6 Glen Mooar, Laxey. 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 Disability Access Office; The Isle of Man Fire and Rescue Service; Mr A Jessopp, Seacliffe, Old Castletown Road, Braddan; Mr D Saunders, Hillcrest, The Crescent, Baldrine; Ms P Newton, 2 Glen View, South Cape, Laxey; Ms E Watson, 22 Ard Reayrt, Ramsey Road, Laxey; Mr \& Mrs Thompson, Lancashire House, 30 Mines Road, Laxey; Mr A Jowett, Barberry Cottage, 31 Mines Road, Laxey; Mr \& Mrs Roome, 34 Mines Road, Laxey; Mr \& Mrs Kermode, 15 Dumbell Terrace, Laxey; Mr S Edington, 4 Dumbell Terrace, Laxey; Mr \& Mrs Collins, South Court, Ramsey Road, Laxey; Mr Leece, Bay View, Ramsey Road, Laxey; Mr \& Mrs Finch, Oakwood Lodge, Ramsey Road, Laxey; Mr \& Mrs Lawson, Holmleigh, Sunnycroft, Ramsey Road, Laxey; Mr \& Mrs Bleasdale, Glebe Cottage, Maughold; Mr J Kinrade, Maple Bank, Ramsey Road, Laxey; Ms C Kerins, Kia Ora, Ramsey Road, Laxey;
Mr J Crompton, Dunedin, Ramsey Road, Laxey; and All remaining signatories of the petition submitted by Mr P Castle of Lhergy West, Ramsey Road, Laxey that have not been specifically identified as meeting the criteria of Government Circular 1/06.
Recommended Decision: Defer Legal Agreement Date of Recommendation:
N : Notes attached to conditions R : Reasons for refusal
C 2. This approval relates to drawing no.s APL/100, APL/101 B, APL/102 B, APL/103 B, APL/104 A, APL/106 A and APL/109 date stamped the 7th March 2008.
C 3. With the exception of a Warden's apartment the occupation of the apartments hereby permitted by this approval shall only be occupied by persons aged fifty plus and/or persons registered disabled. In respect of persons registered disabled but aged under fifty it is permissible for any associated spouse, dependant or carer to occupy the apartment without restriction on their age or ability.
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