Officer Report

Application No.: 15/01386/B Applicant: Mr Andrew Pegge Proposal: Alterations and erection of a replacement detached garage Site Address: Stroanville House Fairy Cottage Laxey Isle of Man IM4 7BR Case Officer : Mr Chris Balmer Photo Taken: 05.01.2016 Site Visit: 05.01.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 SITE - 1.1 The site represents the existing residential curtilage of Stroanville House, Fairy Cottage, Laxey. This property is a two storey detached property located within the Fairy Cottage Area in a costal position overlooking the sea to the east. - 1.2 Within the site there are also two outbuildings, a single storey building finished in timber cladding referred to as the "Lodge" and also a detached garage. Both are located to the southwest of the main dwelling house and are also shared the same driveway and access as the main dwelling.

2.0 PLANNING HISTORY - 2.1 The application site has been the subject of a number of previous planning applications, two of which is considered specifically material to the assessment of this current planning application: - 2.2 Planning application 11/00610/B sought planning approval for alterations, extension and garage block to dwelling. This was approved on the 16th June 2011. - 2.3 Planning application 08/01064/B sought planning approval for alterations and erection of extensions. This was approved on the 1st August 2008.

3.0 PROPOSAL - 3.1 The application seeks approval for the alterations and erection of a replacement detached garage. The garage would have a width of 9.5 metres, a depth of 7.2 metres and a maximum ridge height of 6.1 metres. The external finish to the walls would be painted render and the roof would be finished in slate. The garage would accommodate two off road parking spaces and a store at ground floor level. The proposal also includes accommodation within the roof space (100sqm). The applicant has advised that they have a small collection of motorcycles which he wishes to store in the upper floor. This floor would be accessed by an upper floor double door. The proposal would include a small amount of localised regarding/profiling of the land adjacent to the north-western gable end.

4.0 REPRESENTATIONS - 4.1 The Department of Infrastructure Highways Division do not oppose the planning application (received on 30.12.2015). - 4.2 Laxey Village Commissioners recommend that the planning application be approved.

4.3 The DEFA - Fisheries Division have no concerns over the proposed development, provided there is no impact on the watercourse alongside. They do ask that the applicant advises them when works are due to commence.

5.0 PLANNING POLICY - 5.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. - 5.2 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." - 5.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. - 5.4 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;
• (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."

5.5 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.".

6.0 ASSESSMENT - 6.1 The considerations of this current proposal are whether the proposed development unduly harms public amenity, private amenity and whether the loss of a single tree is acceptable. - 6.2 The proposal would replace an existing detached garage which has little architectural merit. The loss of this building is considered acceptable. The proposal would be larger in both footprint and size but given the location, distance from neighbouring properties and given the topography of

• the area, the site being below properties to the northwest, it would have little or no impact upon private amenities.
• 6.3 In terms of public amenity, the proposal would not be especially apparent from pubic views, given the site is well screened by mature trees and landscaping around the site and neighbouring properties in the surrounding area. The site is also at the end of the lane which serves properties in the area, and therefore there is no through road. For these reasons it is considered the proposal would not have a significant impact upon public amenities in the residential area to warrant a refusal.
• 6.4 The proposal would result in the loss of two trees. Both are mature trees (Pine) albeit within the centre of the site which is currently surrounded by trees to the north, east and west. Accordingly, the loss of the trees would have little impact upon the visual amenities of the area.

7.0 RECOMMENDATION - 7.1 It is recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 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.

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.

Recommendation Recommended Decision: Permitted Date of Recommendation: 02.03.2016 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 proposed garage hereby approved may be used only in association with the main dwelling house " Stroanville House" and for purposes incidental to the use of main dwelling house " Stroanville House" as a single dwelling. The garage may not be used for any form of living accommodation and may not be used for commercial purposes. Reason: To safeguard the residential character and amenities of the area.
• C 3. Prior to the commence of any works an arboricultural report is required to be submitted and approved by the Department and shall be completed in full accordance with the approved details prior to the first occupation of the garage hereby permitted. Such details include:

• a) Species and BS5837 category ratings for the two conifers and nearby broadleaf trees indicated in the attached photo.
• b) A plan (superimposed on a layout plan) which shows the root protection areas of the above trees.
• c) A plan (superimposed on a layout plan) which clearly indicates the precise location of the protective barriers that will be erected to form an exclusion zone around retained trees
• d) A technical specification for the protective barriers to be used
• e) A replanting plan which demonstrates that the recommendations of BS8545 have been adhered to, including:

• i. A site evaluation and constraints assessment (section 6 & Annex B)
• ii. A clear statement of the long term aims of planting (section 5.3)
• iii. Species & cultivar choices which meet constraints of the site and fulfil the objectives (section 7, Annex C)
• iv. A detailed planting specification (size of tree to be used, pit dimensions/method, backfill medium, specification for securing newly planted trees, mulches, tree protection) (section 10)
• v. A schedule of post planting maintenance to be undertaken. (section 11)

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

This approval relates to drawings reference numbers 15/AP 01, 15/AP 02, 15/AP 03 A and 15/AP 04 received on 22nd December 2015 and 11th February 2016.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 11.03.2016 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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