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The application site comprises of a parcel of land that is located on Breeze Hill in Laxey.
The proposed development comprises of the erection of a replacement dwelling on the application site. An amended drawing that defines the application site was received during the course of the planning application, which was subsequently advertised and made available for comment.
There have been four previous planning applications that could be considered specifically material to the assessment of this current planning application.
Planning application 03/00375/A sought approval in principle for the erection of two dwellings on land adjoining the application site for the current planning application. This previous planning application was initially
considered and refused on the 4th July 2003, with the initial refusal decision notice issued on the 11th July 2003.
Planning application 05/00148/A sought approval in principle for the creation of new access with associated driveway to the existing dwelling that is contained within the application site for the current planning application. This previous planning application was initially considered and approved on the 1st April 2005, with the initial approval decision notice issued on the 7th April 2005.
Planning application 05/02096/REM sought reserved matters approval for the creation of a new access with associated driveway to the existing dwelling that is contained within the application site for the current planning application. This previous planning application was initially considered and approved on the 13th December 2005, with the initial approval decision notice issued on the 16th December 2005.
Planning application 07/00773/B sought approval for the erection of a replacement dwelling on land that included the application site for the current planning application. This previous planning application was considered and approved on the 25th July 2007, with the approval decision notice issued on the 27th July 2007. A subsequent appeal against the approval was allowed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 8th January 2008. Copies of the approval decision notice and subsequent appeal refusal decision notice have been placed on the file for the current planning application.
Laxey Village Commissioners initially had no objection to the proposed development subject to the existing building being demolished prior to new building commencing and that no further development is permitted outside of the existing site boundary. They have subsequently advised that they had no objection to the amended drawing.
The Department of Transport Highways Division initially advised that they did not oppose the planning application subject to the provision of adequate visibility splays and on-site car parking provision. No further representation was received follow the receipt of the amended drawing.
The Department of Transport Drainage Division initially expressed an interest in the planning application. No further representation was received follow the receipt of the amended drawing.
The Isle of Man Fire and Rescue Service initially expressed an interest in the planning application. No further representation was received follow the receipt of the amended drawing.
The owner and/or occupant of Old Ballachrink Farm, which is located on Breeze Hill, initially supported the planning application. The grounds for their support can be summarised as the belief that the existing house is in poor repair, that the proposed dwelling is appropriate given the scale surrounding properties, and that the concern raised within the appeal have been addressed. No further representation was received follow the receipt of the amended drawing.
The owners and/or occupants of Arncliffe, which is located approximately 50 metres northwest of the application site, initially objected to the planning application. The grounds for their objection can be summarised as concern that the proposed dwelling will be closer to their property and block light. They contend that the existing dwelling should be retained, that the proposed dwelling is too large and that the design of the dwelling is out of keeping with the area. They suggest that further planning applications are likely to result from approval of the current proposed development. They have subsequently advised that their objections remain unchanged following the receipt of the amended drawing.
The owner and/or occupant of 2 Glen View, which is located in the South Cape area of Laxey, initially objected to the planning application. The grounds for their objection can be summarised as concern that the proposal is contrary to planning policy, that it does not address the conclusions of the appeal against the approval of previous planning application 07/00773/B, and that the proposed dwelling is out of keeping with the surrounding area. They have subsequently advised that their objections remain unchanged following the receipt of the amended drawing. They also comment on the implications of the amended drawing and the access arrangements for the proposed dwelling.
The owner and/or occupant of Seacliffe, which is located in Braddan, initially expressed an interest in the planning application. No further representation was received follow the receipt of the amended drawing.
In terms of land use planning, it is somewhat difficult to precisely relate the application site to the Laxey and Lonan Area Plan Order 2005 due to the scale of the local plan and the fact that the relevant boundary does not appear to follow any physical features on the ground. However, in terms of land use designation under the Laxey and Lonan Area Plan Order 2005 it is considered reasonable to conclude that majority of the application site, as defined by the red line on drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008, is located within land designated as predominantly residential use, with the remaining smaller area being within land designated as open space (private woodland or parkland). The entire application site is located within a wider area of land that is designated as a) being of high landscape value and scenic significance; and b) of ecological interest. Based on those designations it is considered that the Laxey and Lonan Area Plan Order 2005 contains six policies that are specifically material to the assessment of the 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."
Policy L/RES/PR/14 states: "In the interests of conserving the traditional character and appearance of the area the Department will adopt a flexible approach to the requirement for car parking in association with existing property inasmuch as where it is possible to provide car parking for the use of the building concerned the Department will expect the provision of parking for residents in the case of residential property and staff and customers in the case of commercial property. However, where the provision of car parking would be detrimental to the appearance or character of the area, car parking standards may be relaxed."
Policy L/RES/PR/15 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/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
Policy L/OSNC/PR/3 states: "In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance."
Policy L/OSNC/PR/6 states: "With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of trees within the study area including instances where that is proposed in order to facilitate development."
In terms of strategic planning policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of the planning application.
General Policy 2 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:
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
Environment Policy 4 states: "Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
Housing Policy 6 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 references back to General Policy 2.
The planning application seeks approval for the erection of a dwelling to replace the existing dwelling contained within the application site. The proposed development has been the subject of pre-application discussions and previous site visit. In order to assess the proposal it is considered appropriate to first examine the principle of development and then, if necessary, examine the site specific impacts of the proposal.
In order to examine the principle of development it is necessary to have regard to the land use designation of the application site, the implications of the various relevant planning policies and the previous planning history of the application site. Fundamentally the overriding majority of the application site is located within land that is designated as predominantly residential use under the Laxey and Lonan Area Plan Order 2005, with the level of development outside of the land designated as predominantly residential use being consequently limited. The residential curtilage, as defined by the red line on drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008, is not excessive and is a reasonable expectation for a replacement dwelling. Given the above, that the application site already contains a dwelling with habitable status, and that the proposed development outside of the land designated as predominantly residential use is limited to an area of associated hardstanding, solar panels and underground drainage it is concluded that the principle of a replacement dwelling is acceptable. Additionally, this conclusion is considered to accord with the relevant planning polices quoted earlier in this report. Furthermore, the concerns of the appointed Planning Inspector for previous planning application 07/00773/B related to a different positioning of a proposed dwelling and that by reason of the definition of the red line an approval would effectively change the use of the wider area of land (i.e. the land defined in blue in the current planning application) to residential use. As such, it is concluded that the principle of development is acceptable and it therefore remains necessary to examine the site specific impacts of the proposal.
In terms of the examination of the site specific impacts of the proposed development it has to be noted that as the proposal is located within land designated as predominantly residential use there are no planning policies that dictate the form and design of the proposed dwelling. As such the there are no design grounds on which the proposed dwelling could be legitimately opposed. However, irrespective of that, in this instance it is considered that the design of the proposed dwelling is acceptable as it echoes the form and design of other existing dwellings found on the valley sides elsewhere in Laxey. It would be unreasonable and inappropriate to oppose the proposed dwelling on the grounds that the application site is located within a wider area of land designated as being of land landscape value and scenic significance as there is an existing dwelling contained within the application site and residential development can be found elsewhere in areas with such designation. As regards the location of the application site within an area designated as being of ecological interest it is concluded that the development primarily represents the redevelopment of an existing site and that the wider should not be adversely affected by development. Discussions have satisfactorily clarified the issue of proposed hardstanding and trees.
As stated earlier, planning approval exists through previous planning application 05/02096/REM for the construction of a new driveway to the application site. As the development permitted by that approval has commenced the approval has been implemented and is valid. The current planning application indicates that the driveway has not been completed and it is understood that the applicant wishes that it be diverted during the construction of the dwelling due to constraints of gradients and trees. Therefore, it is considered that any planning approval should be subject to a condition requiring the construction of the driveway in accordance with planning approval for previous planning application 05/02096/REM.
It is recommended that the planning application be approved. PARTY STATUS
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; and The owner and/or occupant of Old Ballachrink Farm. 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 Fire and Rescue Service; The owners and/or occupants of Arncliffe; The owner and/or occupant of 2 Glen View; and The owner and/or occupant of Seacliffe.
Recommended Decision: Permitted Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals 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 K110/P/10-01 and K110/P/10-03 date stamped the 27th February 2008 and drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008.
C 3. Prior to the occupation of the dwelling the driveway permitted under previous planning application 05/02096/REM must be set out and constructed in accordance with that previous planning approval.
C 4. The residential curtilage is hereby defined as the red line defined on drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008.
Decision Made : Committee Meeting Date :
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