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The application site comprises of a parcel of land within the north east corner of field 614729, which is located opposite the junction of Highfield Drive with Baldrine Road in Baldrine, Lonan.
The planning application seeks approval in principle for the erection of a dwelling with ancillary living accommodation and garage on the application site.
It should be noted that during the course of the planning application it was alleged that the site notice advertising the submission of the planning application was not in place for the stated 21 days. From site visit it was seen that a site notice had been displayed but had been subsequently removed. It is impossible to determine whether the site notice was removed by the applicant, a third party or simply the weather. In any event, given that percolation tests were required a second site notice was forwarded to the applicant on the 16th October 2008 to display. The applicant confirmed that this second site notice was put up on the 22nd October 2008. As such, it is considered the display of a site notice has been reasonably complied with.
The application site has not been the subject of any previous planning applications.
Lonan Parish Commissioners recommend that the planning application be refused. They state that whilst they are aware of the recommendations within the Laxey and Lonan Area Plan Order 2005 they are unable to consider the planning application as they consider it has not complied with the provisions of the Town and Country Planning (Development Procedure) Order 2005. They state that the applicant has failed to display the required notice and believe, in the interests of legality and fairness, that the planning application should be readvertised. No representation has been received following the display of a second site notice.
The Department of Transport Highways Division do not oppose the planning application subject to the provision of access, parking and visibility standards in accordance with Manx Roads 1. No representation has been received following the display of a second site notice. No representation has been received following the display of a second site notice.
The Department of Transport Drainage Division do not oppose the planning application subject to conditions. They request that percolation tests are undertaken in order to assess the suitability of the proposed use of soakaways. No representation has been received following the display of a second site notice.
The owner and/or occupant of Cruachan, which is located on Highfield Drive opposite the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the traffic impact arising from the proposed development, the disposal of surface water and waste, and previous flooding within the area. They question the need for the proposed development and refer to previous planning applications within the surrounding area. They also question the display of the site notice. No representation has been received following the display of a second site notice.
The owners and/or occupants of Rowany, which is located on Baldrine Road opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the effect on the surrounding countryside, the sporadic development of prime agricultural land, the vehicular access arrangements, the disposal of surface water and waste, and the potential future development of the site. They question the need for the proposed development and refer to previous planning applications within the surrounding area. They also question the display of the site notice. No representation has been received following the display of a second site notice.
The owner and/or occupant of Baldrine Cottage, which directly neighbours the application site, object to the planning application. They have concerns regarding the potential impact of the proposed development on light, privacy, noise and proximity.
The owner and/or occupant of 33 Ballaquark, which is located in Douglas, express an interest in the planning application. No representation has been received following the display of a second site notice.
The owner and/or occupant of Seacliffe, which is located in Braddan, express an interest in the planning application. No representation has been received following the display of a second site notice.
In terms of local plan policy, the application site is located within wider area of lands that are designated as (a) proposed predominantly residential use (Area 10); and (b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. In respect of residential development, paragraph 4.47 relates to the development of this land and the adjoining land for educational purposes states: "The Department would not object however, to the development of further individual dwellings between "Baldrine Cottage" and "Broad Clyst" on the southern side of the Baldrine Road to infill between these two existing properties." Paragraph 4.68 states that Area 10 is likely to yield around 5 dwellings, but identifies it as one of the sites unlikely to come forward during the life of the plan due to potential difficulties in connecting into the mains drainage system.
The Laxey and Lonan Area Plan Order 2005 contains three policies that are considered 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/S/PR/1 states: "No development will be permitted where the sewage produces 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."
Policy L/S/PR/2 states: "Where development is proposed and it may be connected into the existing foul sewage system, the Department will require that all foul sewage is directed to the public foul sewer with no discharge to any surface water systems and that no surface water is discharged into the public foul sewers."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current 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:
Housing Policy 4 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 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."
The planning application seeks approval in principle for the erection of a dwelling with ancillary living accommodation and garage on the application site. In terms of assessment it is appropriate to first examine the principle of development and then, if necessary, the site specific impacts of the proposal.
In terms of principle, as stated earlier in this report the application site is located within a wider area of land that is designated for residential development under the Laxey and Lonan Area Plan Order 2005. Taking into account the relevant parts of the plan it is concluded that the principle of residential development is basically acceptable.
In terms of site specific impacts, the main considerations are i) sewage disposal; ii) surface water disposal iii) vehicular access and the impacts on iv) public; and v) private amenity.
In respect of i) the Laxey and Lonan Area Plan Order 2005 identifies that there are a number of areas within the plan area that have difficulties with achieving satisfactory means of sewage disposal. However, in respect of the application site, the Department of Transport Drainage Division have advised that the connection of an additional dwelling is acceptable to them and that they are not opposed on the grounds of existing capacity. As such, it is considered that the proposed means of sewage disposal for one additional dwelling is acceptable.
In respect of ii) it has been suitably demonstrated through percolation tests that soakaways can be appropriately achieved and used within the application site. This accords with the views of the Department of Transport Drainage Division and, as such, it is considered that the surface water can be appropriately dealt with.
In respect of iii) it is noted that the application site frontage onto the highway is relatively straight and that there are no obvious reasons why safe means of vehicular access could not be achieved. This view is supported by the Department of Transport Highways Division, who do not oppose the planning application.
In respect of iv) the erection of a dwelling on the application site would not disrupt existing public views of the sea and would generally be read against the existing adjacent residential development. As such, it is considered that the proposal would not cause unacceptable harm to public amenity within the area.
In respect of v) it is considered that the application site is of sufficient size (approx. 0.3 hectare) to allow the siting and construction of a dwelling that does not cause undue harm to the amenity of the surrounding properties. As such, subject to the siting and design of the dwelling (which would be assessed through a subsequent planning application) it is considered that a dwelling could be erected on the application site without causing undue harm to the residential amenity of existing properties within the surrounding area.
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:
Lonan Parish Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; The owner and/or occupant of Cruachan; The owners and/or occupants of Rowany; The owner and/or occupant of Baldrine Cottage. 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 owner and/or occupant of 33 Ballaquark; and The owner and/or occupant of Seacliffe.
Recommended Decision: Permitted Date of Recommendation: 02.02.2009 2 February 2009 08/01442/A
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.
This approval relates to the land defined by the red line of location plan and site plan date stamped the 21st July 2008.
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development C 4. There must be no discharge of surface water from the proposed development to the main foul sewer. C 5. The dwelling shall be sited and designed to take account of its rural location and the residential amenity of the existing surrounding properties.
C 6. Vehicular access, parking and visibility standards shall be provided in accordance with Manx Roads 1.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : Signed : Senior Planning Officer
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