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                                                 16/00687/A
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00687/A Applicant : Mr Robert Jones Proposal : Approval in principle for the erection of a detached dwelling with garaging Site Address : Land To Rear Of Olinda South Cape Laxey Isle Of Man

Case Officer : Mr Chris Balmer Photo Taken : 06.07.2016 Site Visit : 06.07.2016 Expected Decision Level : Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

1.0 THE APPLICATION SITE 1.1 The application site is a parcel of land that is located between existing residential development in the South Cape area of Laxey. The site is accessed via a private lane, which serves a number of other properties.

2.0 THE PROPOSAL 2.1 The planning application seeks approval in principle for the erection of a dwelling on the application site.

3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, several of which are considered specifically material to the assessment of this current planning application. Between 1987 and 1996, three applications sought and gained approval for the erection of a dwelling of varying designs on the application site. Between 2000 and 2012, four separate applications gained Approval in Principle for the erection of a dwelling on the application site. The most recent of these, PA 14/00702/A, expires on 20th August 2016.

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. 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."

4.2 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. General Policy 2 states in part: "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:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

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                                                 16/00687/A
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(c) does not affect adversely the character of the surrounding landscape or townscape; (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".

5.0 REPRESENTATIONS 5.1 Garff Commissioners recommend that the planning application be approved (received on 12.07.2016).

5.2 The Department of Environment, Food and Agriculture's Senior Biodiversity Officer highlights the high possibility of finding dark bush crickets, which are protected under the Wildlife Act, on the application site. They suggest that condition no. 3 of previously approved planning applications 12/00834/A and 10/00655/A, which require an appropriate survey, should be repeated.

5.3 Department of Infrastructure Highway Services comments:

General Comments: The above proposed development was the subject of a previous application (14/00702/A) which was permitted in August 2014. The DoI previously opposed this planning application based on concerns relating to the length of the single point of access for both pedestrian and vehicular traffic, junction visibility and amenity considering the proposals to be contrary to General Policy 2(h) and Transport Policy 6. However, following referral to the Planning Committee (PC), the reasons cited for opposing the application were not upheld by the PC.

This application is a renewal of the current consent which is due to expire on the 20th August 2016. It is noted that the applicant has not taken the opportunity to address any of the previous concerns raised by the DoI in this latest submission. The DoI would therefore consider the previous concerns to remain valid.

Recommendation: Although the concerns raised in relation to the previous application remain, the Department of Infrastructure does not oppose this planning application (28.07.16).

6.0 ASSESSMENT 6.1 In terms of basic principle, the proposed use accords with the land use designation of the application site. Furthermore, it can be seen that planning approval in principle has been granted numerous times and will continue to exist until 21st August 2014. As such, it is concluded that the basic principle of residential development is acceptable.

6.2 As for site specific impacts and acceptability the application site is clearly of a size that is capable of accommodating a dwelling without causing undue harm on public or private amenity. The application site has existing vehicular access and there are no known problems with providing appropriate drainage. The potential presence of Dark Bush Crickets has been previously raised and can be suitably addressed by condition requiring a survey prior to the submission of any reserved matters planning application. Indeed, the request from the Department of Environment, Food and Agriculture's Senior Biodiversity Officer to repeat condition no. 3 of previously approved planning application 10/00655/A is appropriate.

6.3 In terms of previous objections from Highway Services, the issue of the acceptable use of the access lane to the application site, and suggested lack of inter-visible passing places, is the same as that considered and set aside with previous planning applications. There is no sustainable reason why this should now form grounds for refusal when it did not for any of those previously approved planning applications, including 12/00834/A and 14/00702/A, the latter of which remains extant. The question of whether, given all the subsequent development that occurred since the very first approval, the junction from Ballacollister Road onto the A2 can safely accommodate

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                                                 16/00687/A
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additional traffic is pertinent. However, while it is accepted that there has been a steady increase in overall development within the area it would be unreasonable and potentially difficult to sustain a refusal based on the likely additional traffic from one dwelling. The overall level of development within the surrounding development has not significantly increased or altered since the granting of the still-extant 12/00834/A or 14/00702/A. A similar conclusion was reached in the assessment of 10/00655/B.

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 Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Biodiversity Officer is part of the same Department as the planning authority and as such should not be afforded interested person status in this case.

8.3 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.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.07.2016

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

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                                                 16/00687/A
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Reason: To avoid the accumulation of unimplemented planning approvals.

C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

C 4. Prior to the submission of any subsequent reserved matters planning application a survey of the application site to identify the presence of any Dark Bush Crickets must be undertaken by appropriately qualified persons. It is recommended that such survey be undertaken in August or September. The survey together with its findings and details of any required mitigation measures must be submitted as part of any subsequent reserved matters planning application.

Reason: To safeguard a statutorily protected species.

This approval relates to the submitted documents and drawings all received on 17th June 2016.

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 : ...Permitted.. Committee Meeting Date:...22.08.2016

Signed :...E RILEY... 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

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