DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/00715/B Applicant: S&S Contracting Ltd Proposal: Erection of a detached dwelling with garage Site Address: Plot 3 - Field 614664 Ballaragh Road Laxey Isle Of Man IM4 7PH Planning Officer: Mr Paul Visigah Photo Taken: 25.09.2020 Site Visit: 25.09.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.10.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of the dwelling the parking and turning areas must be provided in accordance with the approved plans with drawing no. HLK/10/0271/2 date stamped 07 July

1. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

N 1. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the waterway.

This application has been recommended for approval for the following reason.

It is considered the principle of residential development is appropriate on this site for the reasons indicated would not have any significant impacts upon public or private amenities and therefore complies with General Policy 2 and Housing Policy 6 of the Strategic Plan 2016 and the requirements of Laxey and Lonan Area Plan 2005.

Plans/Drawings/Information;

This approval relates to the Planning Statement and drawings HLK/10/0271/1, HLK/10/0271/2 and HLK/10/0271/3 all date stamped received 07 July 2020. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The application site comprises of a parcel of land that is located between existing residential developments on the southern side of the B11 (Ballaragh Road) in Laxey. The site represents Plot 3, which was previously a part of a large residential plot that has been split into three plots with the other plots (Plots 1 and 2 having been finished for some time). The site frontage is bounded by a 2.1m high Manx stone wall interspaced with masonry rendered stone pillars with bevelled tops (2.4m high), with its centralised access having two of the masonry rendered pillars on both ends. PROPOSAL - 2.1 The application is for the erection of a detached split level dwelling with garage. Due to the sloping nature of the site the house is cut into the hill side and from Ballargh Road would appear as a bungalow, although there would be glimpses of the two storey element to the rear. The design is similar to Plots 1 and 2.

2.2 The applicants have provided a planning statement which indicates that the current planning application is a resubmission of the previously approved planning application 16/00857/B which is due to expire soon. It further states that as the applicants are not ready to start work yet, they wish to obtain approval to extend the current permission for a further four year period. It is also noted that the proposals submitted within the current application is exactly the same as the extant application. - 2.3 The statement further indicated that the following works have been carried out on the site as was approved in previous applications:

• i. Creation of access onto highway
• ii. Erection of new boundary walls and fencing
• iii. Remodelling of ground levels and installation of foul drainage.

PLANNING POLICY

3.1 The application site is within an area zoned as 'Proposed Predominantly Residential Use' under the Laxey and Lonan Area Plan Order 2005 and is specifically designated as area 7. Paragraph 4.38 of the plan relates to the development of area 7, with policy L/RES/PR/6 setting out the local plan policy for the area. Specifically, policy L/RES/PR/6 states: "This land will be considered suitable for the development of a maximum of three new dwellings. Access and drainage arrangements must be made in accordance with the requirements of the Department of Transport. Prospective developers are advised to consult the Isle of Man Water Authority to ensure that an adequate supply of water may be provided to the development."

3.2 In terms of Strategic Plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

3.3 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."

3.4 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." - 3.5 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. - 3.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 3.7 The following sections of the Residential Design Guide 2019 will also provide valuable guidance in the assessment of the current application:

1.2.1 When considering any proposals for any new residential development (either a new dwelling or an extension), the following issues are normally relevant:

• o Potential visual impact upon the street scene;

• o Potential impacts upon neighbouring properties i.e. loss of day light and overshadowing,
• overbearing impact upon outlook and/or overlooking resulting in a loss of privacy;
• o Potential impacts upon highway safety i.e. loss of off-street parking due to proposed works / visibility splays and adequate parking provision; and

• o Any site-specific issues/opportunities/constraints (e.g. the presence of trees).

PLANNING HISTORY

4.1 The application site has been the subject of a number of previous planning applications for its development as residential which are considered to be specifically material to the assessment of this current planning application.

4.2 PA 16/00857/B for Erection of a detached dwelling with garage - Approved. This application which is currently extant would become void in November 2020. This application is a replica of the 2010 approval which has subsequently lapsed and is a direct representation of the current scheme given that the current proposal seeks to replicate what was approved under this application.

4.3 PA 10/01860/B for Erection of a dwelling (comprising amendments to 06/01756 REM) Approved - 4.4 PA 06/01251/A for Approval in principle for the erection of three detached split level dwellings with associated garages on Plots 1, 2 and 3 - Approved - 4.5 06/01756/REM for Reserved matters application (re 06/01251A) for the erection of a split level dwelling and garage on Plot 3 - Approved

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 4 August 2020.

5.2 DEFA's Inland Fisheries Officer has made the following comments regarding the application in a letter dated 8 September 2020:

This planning application has been checked by Fisheries Officers. I can confirm that DEFA, Fisheries have no concerns in relation to this development provided that there is no adverse effect on the adjacent watercourse. This is due to the nature of the nearby watercourse (ditch) which is not known to contain fish populations.

As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the waterway.

5.3 Garff Commissioners although consulted on 22 August 2020 have not made any representations regarding the application. ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this current planning application are (i) The principle of the proposal; (ii) Potential impact on the neighbouring residents living conditions; (iii) Potential visual impact on the streetscene.

6.2 This application seeks planning approval for the erection of a dwelling on the application site, and is a replica of the 2016 approval which would soon lapse. The site is zoned for residential use under the Laxey and Lonan Area Plan Order 2005 and planning approval has been previously granted for same development to that currently under consideration. Therefore the principle of residential is acceptable in policy terms.

6.3 It has been previously established that the development as proposed is an acceptable form of development and would not adversely affect the character of the area or affect local residential amenity. No significant material circumstances have altered since the extant approval was issued and as such it is not considered that there would be any adverse impacts resulting from the proposed scheme on the character of the area or neighbouring amenity.

6.4 Based on the foregoing, the proposal is considered to be acceptable and is the same as the previously approved development and complies with General Policy 2 and Housing Policy 6 and the requirements of Laxey and Lonan Area Plan 2005. CONCLUSION - 7.1 Overall, it is considered the principle of residential development is appropriate on this site for the reasons indicated would not have any significant impacts upon public or private amenities and therefore comply with the relevant planning policies listed. Accordingly, it is recommended that the application be approved. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 23.10.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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