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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00993/B Applicant : Mr Jason Miller Proposal : Erection of three detached dwellings to replace existing single dwelling Site Address : The Mariners South Cape Laxey Isle of Man IM4 7JB

Case Officer : Mr Chris Balmer Photo Taken : 10.09.2015 Site Visit : 10.09.2015 Expected Decision Level : Planning Committee

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE NUMBER OF WRITTEN OBJECTIONS RECEIVED BY LOCAL RESIDENTS

1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of The Mariners, South Cape, Laxey which is located to the south-eastern side of the New Road (A2) and north-west of Old Laxey Hill Road. Currently there is a detached property which is part single part two storey. This is due to the sloping nature of the site. A single flat roofed detached garage can also be found within the site. The site is accessed via a sloping driveway which utilises the existing access onto New Road.

1.2 As the site is on the side of a hill, Main Road is set above the existing dwelling and consequently the floor level of the dwelling and ground level of the site is set above the Manx Electric Railway (MER) line, which runs along the entirety of the south-eastern boundary of the site. Beyond the railway line is Old Laxey Hill Road the ground level os which is below that of the MER line.

1.3 In terms of the existing appearance of the site, when travelling along the New Road, the majority of the dwelling is screened, given the ground level differences. Accordingly, the roof is the part of the dwelling that is apparent when travelling towards or past the site. When walking along the adjacent footpath along New Road, more views of the dwelling can be achieved as a person can look down into the site.

1.4 Views from the Old Laxey Hill Road are mainly from two locations. The first being at the crossing point where the MER lines cross the road. From this location sideways and distant views can be achieved. Currently these views are mainly of a grass bank with mature landscaping. dwellings are visible either end of the site and above the site. The second area where views can be found are along Old Laxey Hill Road directly to the east of the site. Views of the dwelling can be achieved although they are views looking towards, given the sloping nature of the area.

2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of three detached dwellings to replace the existing single dwelling. Each of the proposed dwellings would be contemporary in design and be set over three floors. Each dwelling would be different in size and layout although the overall finishes, style, approach and design would be the same.

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3.0 PLANNING HISTORY 3.1 The site has been the subject of a number of planning applications; however, none are considered of material relevance to the determination of the current application.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area of 'predominantly residential' use under the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies considered specifically material to the assessment of this current planning application:

4.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

4.5 Spatial Policy 3 states: "The following villages are identified as Service Villages: o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

4.6 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: (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;

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(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."

4.7 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:

(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;

(b) conversion of redundant rural buildings in accordance with Housing Policy 11; and

(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

4.8 Transport Policy 3 states: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes."

4.9 Transport Policy 4 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."

5.0 REPRESENTATIONS 5.1 Laxey Commissioners have recommended a refusal of the application on the grounds outlined below (received on 16.09.2015):

"1. The development is over intensive for the site in question, 2. It has an adverse impact on the visual amenity of the surrounding area and properties therein, 3. The amount of parking proposed is inadequate for the number and size of properties proposed and there is no suitable on street property outside or nearby, therefore fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/CP/PR/2. 4. The provision for dealing with surface water, described in the design report, by connecting the system to the foul drainage system fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/S/PR/1. 5. The Development does not comply with or meet the criteria of the Isle of Man Strategic Plan, 6.2 - Development within land-use zones General Policy 2 in that it doesn't, (b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does affect adversely the character of the surrounding landscape or townscape; (e) does affect adversely public views of the sea; (g) does affect adversely the amenity of local residents and the character of the locality; (h) does not provide 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 have an unacceptable effect on road safety or traffic flows on the local highways. 6. The Development does not meet the criteria of Isle of Man Strategic Plan Environment Policy 42."

5.2 Highway Services (received on 10.09.2015) have deferred a decision as they indicated they are awaiting agent to provide amended visibility splays showing the 90 metres across the highway.

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Since this initial comment, the applicants have provided the required drawings, and Highway Services have no objection (received on 17.3.16).

5.3 Department of Infrastructure - Public Transport Division make the following comments which can be summarised as (received on 29.09.15); we note applicant has been engaged in early discussions with ourselves in relation to the application, the 1m clearance zone to the boundary for maintenance has been agreed and the requirement to ensure drainage are not directed to the railway have been agreed; notes ownership of land adjacent to the track is owned by the Department; the boundary with the MER is shown as a gabion basket, these only have a limited life span and can be susceptible to movement, we do not consider them suitable; construction activities must be undertaken using methodology that does not impose any safety risks onto the railway; construction must also not restrict traffic movement potentially affecting bus services along New Road; and property owners should maintain the boundary and specifically vegetation to prevent encroachment and maintain visibility for the trains.

5.4 DEFA - Forestry, Amenity & Lands Directorate (Senior Biodiversity Officer) - makes the following comments (received on 22.09.2015): "This site has good records of dark bush crickets, a Wildlife Act protected species (Schedule 5) on the north-western edge of its distribution (see map below). These like sunny (warm) and rank or scrubby vegetation, so the hedge banks and hedges will be most important and they will utilise the garden areas that are not mown regularly. The application includes the narrowing of the hedge banks. If this can be avoided and those areas protected during works, then bush crickets will be best protected. If safety requires that the bank be thinned/moved then they will move back onto the bank if vegetated and managed as previously, assuming availability from the adjacent section of hedge.

This species does not fly. It has a 2 year life cycle, laying eggs in bark and vegetation/litter in Aug- October, then hatching in the second year and growing to maturity that year. It therefore spends a year and a half in the egg stage, when it cannot be detected or avoid damaging activities.

Dark bush cricket records for The Mariners. Survey RG Selman, DEFA (below). The yellow dots are 2007 records and dark green, 2004."

5.5 The owners/occupiers of Shamrock House, South Cape, Laxey have objected to the application (received on 14.09.15); living opposite the site we consider the proposals would have an overbearing impact; inadequate provision of parking spaces and therefore highway safety concerns and obstructions of person parking on the road; loss of landscaping and effectively creating a wall of concrete and glass will be in juxtaposition with the surrounding area; loss of safety mirrors; impacts during the construction; loss of privacy to properties in area; considers three properties in this style to be excessive and maybe one or two would be more suitable.

5.6 The owner/occupier of 38 Derwent Drive, Onchan (Administrator of the previous owner of Tempest Cliff, South Cape, Laxey) have objected to the application (received on 16.09.15); overdevelopment of site; highway safety concerns by traffic generated by proposals; lack of off road parking; and General Policy 2 (e) requires development not to adverse effect public views of the sea.

5.7 The owner/occupier of Valetta, South Cape, Laxey has objected to the application (received on 25.09.15); gross overdevelopment of a relatively small and narrow site; out of keeping with surrounding properties; parking requirement is likely to exceed the numbers of spaces proposed; and any on road parking will impact highway safety and traffic flow.

5.8 The owner/occupier of 2 Glen View, South Cape, Laxey has objected to the application (received on 23.09.15); previous application (PA 89/01527/B) of the construction of 3 bay parking bay was refused on the grounds of vehicle movements generated by the use of the parking bay and would constitute a hazard, if accesses from the application site were unacceptable 26 years ago

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then an additional 6 accesses should not be considered acceptable now; traffic along A2 road has grown considerably; visitors would park on the road; the development does not make clear if the front low boundary stone wall is to be retained; the proximity of the building to the tramway will create a feeling of overbearing and dominant development uncharacteristic of the area; safety issue of person being able to touch overhead wires form balconies; contrary to Transport policy 3; proposal will spoil views of the sea and the experience of walking along this stretch of road contrary to General Policy 2; views from Old Laxey Hill will appear a dominant and overbearing brutal mix of concrete and glass contrary to General Policy 2; and drainage concerns that the proposal does not demonstrate if drainage of the site can be provided in an acceptable manner.

5.9 The owner/occupier of Ballabank, South Cape, Laxey has objected to the application (received on 16.09.15); the proposals will greatly impact on these views from pedestrian and other road users of New Road contrary to the Strategic Plan; highway safety concerns due to the amount of traffic using the road and becoming busier and proposals would result in three accesses causing a safety issue for those vehicles leaving the various properties; and no provision for visitor parking and will lead to more on road parking;

5.10 The owner/occupier of Olinda, South Cape, Laxey has objected to the application (received on 16.09.15); proposal represents an over development of the site; previous application 89/1527 for three car parking bays was refused on the grounds of vehicle movement; insufficient parking and absence of any visitor parking; A2 road now see considerably more traffic than in 1989 and creation of additional access points to this main highway can only add to the hazard; and proposals will be contrary to General Policy 2.

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; (d) potential impact upon neighbouring amenities; (e) potential impact upon wildlife on the site; (f) potential impact upon the MER line; (g) potential amenities for future occupants.

PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 As identified within the planning policy section of this report, the application site and the surrounding area was designated for residential development under the Laxey and Lonan Area Plan Order 2005. It should be noted that Strategic Policy 1 requires development to optimise the use of previously developed land, unused and under-used land and buildings. Strategic Policy 2 indicates that new development will be located primarily within our existing towns and villages. Furthermore, Spatial Policy indicates that Laxey is a 'Service Villages' and therefore housing should be provided to meet local needs in appropriate cases to broaden the choice of location of housing. Given this it is considered the principle of residential development on this site is acceptable. However, these views do not give an automatic reason to approve the application. Further material planning matters as listed in paragraph 6.1, still need to be considered.

POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 A number of comments have been received which relate to the level of parking being proposed for each dwelling (two spaces each) and that these levels are essentially not enough and therefore it is likely person would park on the New Road, resulting in obstructions/impact traffic flows.

6.4 The Isle of Man Strategic Plan requires two off road parking spaces for each dwelling. The proposals do achieve this. The proposals also include turntables for each dwelling. Again this would be beneficial to highway safety to ensure vehicles exit the site in a forward gear. Accordingly in terms of parking provision the proposal would meet the requirement of the Strategic Plan.

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6.5 In terms of visibility splays from each access, the applicant has shown on the submitted plans that each dwelling has visibility of at least 2.4 x 90 metres in both directions. This appears to meet the requirements of Highway Services, although comments to confirm this have not yet been received.

6.6 Accordingly, from the information submitted and given the lack of any objection to the proposals from Highway Services, it is considered the proposal would be acceptable and comply with General Policy 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan.

POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENES 6.7 As outlined earlier in this report the development would be apparent mainly from three locations, along the New Road, Old Laxey Hill Road and from the MER i.e. passengers on the tram.

6.8 From the New Road the three dwellings lower two levels will be mainly screened due to the site levels. However, the upper floors will be apparent from New Road, namely the entrance and parking areas which includes individual turntables for each dwelling. The top floor of each dwelling will be apparent, in the form of what appears as a single storey, pitched roofed section of the dwelling. This section would appear slightly larger than a standard double garage (6m x 6m), albeit it would amount to the smallest amount of built development compared to the other two lower floors below. This would accommodate the main entrance doorway and staircase for each dwelling, as well as a study/guest room. This top floor building would be level with the adjacent highway level, and would appear as single storey pitched roofed structure, very contemporary in design and appearance, made up of glazing and white seamless external cladding. These will be the main features of the buildings when travelling along the New Road.

6.9 Travelling along New Road there is a variety of styles, designs, sizes of properties some immediately adjacent to the highway, others set back. Due to the topography of the area the general characteristics is the dwellings to the northern-east side of the New Road being above the highway and above the dwellings to the south-eastern side of the New Road. This proposal would retain this form of development. The application site is one of the areas which currently is mainly undeveloped and does provide sea views, except where the existing dwelling and landscaping is found. Travelling from either direction from the site along the New Road, it is evident that there is a ribbon form of development of dwellings to either side of the road. Whilst the proposals will increase the level of development and reduce some views of the sea from the highway, most views would be unaffected. On this matter, the applicants comment; "...the introduction of three small elements of intermittent buildings that take up less than 30% of the road frontage."

6.10 In terms of the design, scale and proportion of the top floor of the dwellings, the pitched roofed sections are very contemporary in design and finishes. However, as indicated previously the housing styles in the area are made up if a variety of designs, built over a number of periods. This contemporary approach is not new to the area; a number of recent approvals have been granted which follow similar contemporary design; albeit this would be most noticeable from public views. Given the amount of varied styles of dwellings in the immediate area and along New Road, is could be argued this is just the next design approach in the area.

6.11 Overall, in relation to the potential impacts upon the visual amenities of New Road by the development, it is considered that, given the design, scale, proportion, finish and siting of the dwellings and especially what would be apparent from New Road; the proposal would be an acceptable form of development and comply with General Policy 2.

6.12 In terms of the potential visual impacts when viewed from Old Laxey Hill, this is clearly where the main views of the dwellings would be from and where the majority of the proposals would be seen. From these views, particularly immediately to the east of the site, upwards views would be of all three floors. This elevation would again be very contemporary in design, appearance and finishes, with the majority of this elevations be finished in glazing, but with sections of white seamless external cladding and stone. The full heights of the elevations which can be

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viewed have a maximum height of approximately 9 metres. This measurement includes the top floor pitched roofed building. Without this building being included, the majority of the building has a height of approximately 5.8 metres. The majority of the dwellings are at this height. Due to the heights of the proposed and these being dug into the site, results in the majority of the dwellings being below the ridge height of the existing dwelling by approximately 1.8 metres. The exception to this is the top floor pitched roof building which would project approximately 1.5 metres above the existing roof ridge. It should also be noted that the main bulk of the dwellings would be set back from the south-eastern boundary between 1.5 to 4 metres.

6.13 The view with the greatest visual changes over the existing situation is that from the MER and Old Laxey Hill. The site is currently a steep grass bank with hedges and bushes. The proposals would remove the landscaping features and alteration/reduction of the steep grass bank. In its place would be the use of gabion baskets initially and then the proposed dwellings. The result would certainly change the character and appearance of the south-eastern boundary of the site from a more natural environment to a more engineered and built environment. The applicants are proposing the introduction of gabion baskets along this boundary, which would include nature vegetation planted within and include landscaping above, all to soften the appearance at the lower levels and appear as a green wall. Green walls are also included between each property, to the existing retaining wall which runs below New Road. However, even with these features, without doubt the character and appearance of the site will be of a more built environment. This is not unusual, the existing property on the site currently ends the landscaping character with a more built environment and this continues to the neighbouring properties to the north of the site, which have boundary walling and fencing along there south-eastern boundaries, rather than any landscaping at all. Furthermore, there are two properties (Greenbank & Fair Mount) to the south-east of the site which essentially form a 'book-end' of built development, with the more landscape setting, including the site, located between.

6.14 It needs to be noted that the area is characterised by built development due to the number of dwellings within the area. These dwellings which have been constructed would likely have been built on similar landscape areas. As indicated within paragraph 6.9, the variety of styles, designs, sizes of properties along Old Laxey Hill is mixed and as mention before the new contemporary style would be an additional to this immediate area.

6.15 The three dwellings will be clearly apparent when viewed from Old Laxey Hill, especially immediately opposite the site. When travelling from either direction along Old Laxey Hill towards the proposed dwellings, more distant views would be screened, given the existing roadside landscaping and/or existing built development which runs along Old Laxey Hill. Accordingly, the main view would be when travelling immediately past the site.

6.16 Whilst the level of built development would significantly increase on the site, it is considered the high quality contemporary design, form, scale, proportions, and finishes would result in dwellings fitting within the street scene of Old Laxey Hill and would be a continuation of built development in the residential area.

6.17 There is of course the potential visual impact upon person travelling on the MER tram, which passes adjacent to the boundary of the site. Whilst forward and rear views are less likely, given the layout of the trams, views of the change in character of the site as indicated previously, will be noticeable by passengers who for an 80 metre stretch will observe the change from a landscaped area, to more built development environment. Only the lower section of the building is going to be especially apparent from the trams and this section is proposed to include the green gabion baskets. Of course it should be noted that the main view in this location is the sea views to the east of the MER line. This would be unaffected by this development and arguably this is the main view from this location, rather than the existing grass bank. It is also noted that when travelling along the MER line, especially within town and villages, one expects built development to one or both sides of the line; compared to the countryside setting where the MER line is characterised more by

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landscaping etc. Overall, it is not considered the proposals would adversely affect the views from or compromise the MER as a tourist attraction to warrant a refusal.

6.18 Overall, whilst it is accepted the proposal will significant change the appearance and character of the site, it is considered that this change would not be unacceptable and would not adversely affect the visual amenities of the residential area or street scenes to warrant a refusal. It is therefore consider the application complies with General Policy 2 in this respect.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.19 There are essentially three separate groups of properties potentially affected by the development. The first group are those located to the northwest, namely 'Tempest Cliff', 'Shamrock House' (shown on plan as St Briavels) and 'Valetta'. These properties are set above the proposed dwellings on the opposite side of the New Road. Essentially the ground levels of these properties are located above the roof ridge (highest point) of the proposed dwellings. Given the substantial ground level differences, distance between these neighbouring properties and proposed dwellings and the design and layout of the proposed dwellings, it is not considered there would be any significant impacts upon the amenities (overlooking, loss of light and/or overbearing impact) of the occupants of these dwellings to warrant a refusal.

6.20 The second group of neighbouring properties are those located below the site along the Old Laxey Hill which is to the southeast of the proposed dwellings, namely 'Chris' Cottage' (currently under construction) and 'Sea House'. The main issues in terms of impacts to these properties are likely to be the potential for overlooking and/or overbearing impact. The proposal will clearly increase the potential for these issues given the level of built development and number of windows/balconies/terraces proposed. However, given the level differences, distances between properties, landscaping/grassing banking along the Old Laxey Hill and given the properties along Old Laxey Hill have their principal living rooms to the rear of their properties (to obtain sea views), which would be unaffected by the development; it is not considered there would be significant impacts caused by the development. Further consideration should also be given to the fact the windows serving the neighbouring properties on Old Laxey Road are not afforded high levels of privacy currently as they are immediately adjacent to the highway. Furthermore, the existing dwellings on New Road already have a degree of overlooking. For the reasons listed, it is not considered the proposals would lead to unacceptable impacts upon these neighbouring properties to warrant a refusal.

6.21 The third group of dwelling/s potentially affected by the development would be the dwelling 'Narradale' which is immediately to the north east of the application site. This dwelling has a total of three windows (porch, attic & side window of bay window) within its gable elevation, which faces the proposed dwelling that sits most northerly on the site, approximately on the footprint of the existing dwelling. The dwelling 'Narradale' also has a small front garden area which runs below and between the New Road and the main dwelling house. This proposed dwelling would have a total of eleven windows within the gable elevation which face towards 'Narradale'. It should be noted that the footprint of the dwelling in this location is such that the building in this section is angled, and therefore the windows are not directly facing the gable or garden of 'Narradale', albeit still have views towards and/or over. The majority of these windows either serve landing windows and/or are secondary windows to primary habitable rooms. Accordingly, these windows could be conditioned to be obscure glazed which would prevent overlooking occurring. It is noted that the nearest proposed dwelling to 'Narradale', would be sited further away from 'Narradale' than the existing dwelling (approximately 3 metres further - 10.5 metres total). Overall, whilst there would be an impact by the development, it is noted there is already an impact by the existing dwelling and for the reasons listed above it is considered the impacts caused by the proposal would not be unduly harmful to warrant a refusal.

POTENTIAL IMPACT UPON WILDLIFE ON THE SITE 6.22 The Senior Biodiversity Officer had initially highlighted that dark bush crickets had being recorded on the site, which under the Wildlife Act is a protected species (Schedule 5) - full

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comments in representation section of this report. Further to these comments the Officer has visited the site and he made the following comments: "The vegetation is a diverse mix of rank grasses, bramble, tufted vetch, birdsfoot trefoil, woodrush, knapweed, yarrow, herb Robert, violet, ribwort plantain, and the hedge all the way along the top, trimmed and untrimmed, is a Prunus. It looks like a scrubby neutral grassland, with bramble, bracken, nettles and bindweed. Bramble is a significant feature though, and I know that the bush crickets feed on it. Tormentil suggests acidic tendencies in places. This is in no way an exhaustive list, as I didn't sit and identify everything, but it gives an idea of it. The current bank slope is about 45 degrees.

Perhaps the turf can be reused, in the gabions or between the layers, growing out and over to grow the natural local plants and speed recovery? Certainly a rank bramble-grass mix is the basic requirement for the bush crickets, but retaining a mixture of native flowers would benefit other species, too. It would need only light management, as the rankness is important, as this provides the necessary cover and allows the growth of food plants such as bramble, which needs to be in the mix. Presumably the MER would continue their occasional management, as previously.

I believe that there will, regardless, be a degradation of the interest for bush crickets (see photos attached and compare with the plans) but a green gabion system would maintain a better connection between habitat areas (though noting that one neighbour has no lower hedge) and provide usable habitat for bush crickets if rank scrubby vegetation with brambles can be reproduced on it. If that is possible then a condition might be worded to tie this in, which would greatly improve the application from this perspective. The hedge on the top would also be good, but the rank, scrubby nature of the slope is important."

6.23 Following these comments and discussions with the applicant and planning department, it is recommended a condition be attached to any approval which requires further detail plans of the green gabion baskets and their landscaping along the entire south-eastern boundary be provided and approved by the department, which will serve the wildlife in the area, including the dark bush crickets.

POTENTIAL IMPACT UPON THE MER LINE 6.24 The applicants have been in a number of discussions with the MER (DOI) in relation to this application from a very early stage, taking account of the construction periods, maintenance and safety aspect for all parties. This is confirmed by the letter received by the Department of Infrastructure - Public Transport Division. There are no fundamental objections to the proposals from the Department of Infrastructure in this respect. Comments have been made regarding no obstruction should occur during the construction periods to the buses or to the MER. The construction periods and the possible disruption caused, is not a material planning matter. It would however be a matter the applicants should discuss, potentially again with the Department of Infrastructure, before any works commence, especially in relation to works adjacent to the MER line.

POTENTIAL AMENITIES FOR FUTURE OCCUPANTS 6.25 In terms of internal amenity space, the outlook from the majority of rooms within the dwellings and especially the principle living rooms (kitchen, dining and lounge) would be served by windows looking in an easterly direction towards the sea. Accordingly, it is considered the internal amenity space, in terms of size and outlooks for these dwelling would be acceptable.

6.26 With regard to external amenity space, these dwellings have taken a different approach in terms of how they are provided with external amenity spaces compared to most dwellings. The design includes a mixture of terraced, balconies and courtyards areas, the majority located at the middle floors of each dwelling. The courtyards areas are perhaps a more unusual approach, which are areas located between the internal living rooms (for example between the lounge and dining room) and these internal rooms have large sliding glazed doors which can open out onto theses external areas; essentially creating the whole floor (namely the middle floor of the dwelling)

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becoming one open plan, continually flowing between internal and external areas. All internal rooms and external areas would have sea views. None of the dwellings would have grassed areas (although could have if required), but they do have acceptable amount of external areas which would have unobstructed sea views. It is noted that given the topography of the site, the majority of the existing dwellings in the area, have little or no useable garden areas. It could be argued that the proposal would in fact have more useable external amenity space than the majority of properties in the immediate area given the rather innovative design.

6.27 Accordingly, it is considered the internal and external amenity spaces for each dwelling is acceptable.

7.0 RECOMMENDATION 7.1 Overall, it is considered that the proposal would not be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and the Laxey and Lonan Plan Order 2005, and for the reasons set out in this report, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS 8.1 1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owners/occupiers of Shamrock House, South Cape, Laxey The owner/occupier of 38 Derwent Drive, Onchan (Administrator of the previous owner of Tempest Cliff, South Cape, Laxey) The owner/occupier of Valetta, South Cape, Laxey

8.4 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

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The owner/occupier of 2 Glen View, South Cape, Laxey The owner/occupier of Ballabank, South Cape, Laxey The owner/occupier of Olinda, South Cape, Laxey

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 16.03.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. The visibility splay(s) of 2.4m x 90 metres shall be constructed in accordance with the approved plans for each dwelling and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.

Reason: In the interests of highway safety

C 3. The developments hereby approved shall not be occupied until the parking and turn tables have been provided and in operation both in accordance with the approved plans. 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 and the turn tables maintained in a working order thereafter.

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

C 4. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in all windows within the north- eastern gable elevations of the northern most dwelling and shall be maintained as such thereafter.

Reason: To preserve the amenities of the occupants of the adjacent dwelling.

C 5. Prior to the commencement of any works, a detailed and scaled drawing is required to be submitted to and approved by the Department which shows 1.8 metre obscure glazing along the north-eastern elevation of the two upper floor balconies. This approved scheme is required to be erected prior to the occupation of the dwelling and maintained and retained thereafter.

Reason: To preserve the amenities of the occupants of the adjacent dwelling.

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C 6. Prior to the commencement of any works, detailed and scaled drawings are required to be submitted to and approved by the Department which shows details of the green gabion system or similar system along the entire south eastern boundary of the site (facing the MER lines). Such information should also include details of how the boundary development will provide usable habitat for bush crickets and details of how this will be maintained.

Reason: To ensure the provision of an appropriate landscape setting to the development and provide usable habitat for the bush crickets.

C 7. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

This approval relates to drawings reference numbers 01, 02, 03, 04, 05, 06, 07, 08 and TS-01 all received on 27th August 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved

Committee Meeting Date:29.03.2016

Signed : C Balmer Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

Customer note

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