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16/00205/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00205/B Applicant : Mr Mike Brereton Proposal : Erection of a detached dwelling (comprising amendments to approved PA 12/00658/B) Site Address : Land Adjacent To Westwood New Road Laxey Isle Of Man
Case Officer : Mr Chris Balmer Photo Taken : 10.03.2016 Site Visit : 10.03.2016 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of land located on the southern side of New Road in Laxey. The site currently forms part of the residential curtilage of an existing dwelling known as Westwood.
1.2 The land contained within the application site rises significantly from east to west, with a difference of over 12 metres between the northern and southern corners.
2.0 THE PROPOSAL 2.1 The proposal comprises the erection of a detached dwelling on the application site. The proposed dwelling is a split level design to take account of the levels across the site. On-site parking for two cars is provided within an integral garage and vehicular access onto New Road would be shared with Westwood.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of a single previous planning application which is considered specifically material to the assessment of this current planning application:
3.2 Erection of a detached dwelling - 12/00658/B - APPROVED
3.3 The land directly adjacent to the application site to the north, which comprises the curtilage of The New Inn and adjoining land, has recent been granted planning approval under application 14/00349/B for the replacement of Public House with four detached dwellings with associated parking.
4.0 PLANNING POLICY 4.1 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. The plan contains one policy that is considered specifically material to the assessment of this current planning application.
4.2 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
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16/00205/B
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sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
4.3 Policy L/OSNC/PR/6 states: "With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of tress within the study area including instances where this is proposed in order to facilitate development."
4.4 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.
4.5 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."
5.0 REPRESENTATIONS 5.1 The Department of Infrastructure Highways Division do not oppose the planning application (received on 26.02.2016).
6.0 ASSESSMENT 6.1 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Furthermore, the application is a re-submission of a previous approved application. As such the general principle of residential development is concluded to be acceptable. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
6.2 As the application site currently forms part of the residential curtilage of an existing dwelling it is necessary to consider whether the sub-division of the existing curtilage to form two separate curtilages is acceptable. In this instance the proposal does not represent backland development as the existing and proposed properties would be side by side, each with their own road frontage. Such arrangement does not present the same problems or issues that front to rear backland development often does. It is concluded that the sub-division of the one curtilage to form two separate curtilages is acceptable.
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16/00205/B
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6.3 In terms of impact on public amenity the primary consideration is the appearance of the proposed development within the street scene. It can be seen that the surrounding area contains a wide variety of dwellings and other buildings of different designs, ages and sizes. It is reasonable to say that there is no one overriding design style that should be slavishly followed. The design of the proposed dwelling takes full account of the sloping nature of the application site to result in a split level dwelling of an interesting and imaginative design. Two photomontages of the proposed development have been submitted with the planning application. These provide a useful illustration of how the proposed dwelling will appear within the street scene. It is concluded that the proposed development will have an acceptable impact within the overall street scene and that the consequential effect on public amenity is acceptable.
6.4 A number of trees have been felled within the application site prior to the submission of the previous planning application. This felling has been done in agreement with the Department of Environment, Food and Agriculture. The proposed development does require the felling of one remaining tree but it is understood that a felling licence already exists for that tree. Irrespective of the existence of the felling licence it is considered that the loss of one tree on the application site does not harm public amenity to an extent that would sustain refusal of the planning application.
6.5 As for impact on private amenity, there are two properties that could be reasonably said to be possibility affected by the proposed development, one being Westwood and the second is the closest dwelling which was recently approved on the New Inn site to the northwest of the site. It should be noted no works appear to have been undertaken on the New Inn site.
6.6 In terms of the impact upon Westwood, given the positioning of the proposed dwelling, general distances involved, orientation of rooms and positioning of windows it is concluded that the private amenity of the existing dwelling would not be unduly affected. The submitted drawings show the boundary division between the existing and proposed properties, running from middle of the back of the site to approximately to the driveway serving Westwood. It does not detail precisely how this would be achieved but a fence up to two metre high, could adequately serve the necessary purpose, could be erected along this boundary under the provisions of the Town and Country Planning (Permitted Development) Order 2012. This matter can be appropriately dealt with by condition if planning approval is granted. Accordingly, it is not considered the proposal would impact adversely the residential amenities of Westwood.
6.7 Regarding the potential impacts to the closest dwelling approved on the New Inn site; there will be an impact as the proposed main dwelling would be set above and behind that of the approved dwelling. The proposed roof terrace above the lower level garage would also run parallel with the boundary shared with this site and would again set above the ground and garden level (raised area). There is the potential for overlooking form the gable end windows within the North West elevations, namely from the first floor windows. These should therefore be obscure glazed. They are either bathroom windows or secondary window to a bedroom. There is also the potential overlooking from the proposed roof terrace above the garage. It is considered a 1.5 metre high obscure glazed balustrades along the garden terrace would prevent such overlooking. Normally a 1.8 metres high fence/wall would be required to prevent overlooking. However, given the garden/yard areas of the recently approved dwelling are set below the ground level of the terrace; a 1.5 metre fence would prevent views and suffice in this instance. The applicants have no objections for conditions to be added.
6.8 It is also noted that previous approval (PA 12/00658/B) for the same scheme as current proposed, was in place when the New Inn site was approved (14/00349/B) recently and no objections have been received by the owners of the New Inn site.
6.9 In terms of the level of accommodation contained within the proposed dwelling is relatively modest but the quality of that living accommodation is good, with primary rooms enjoying good levels of light and pleasant outlook. The proposed property has an equally modest level of amenity
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space associated to it but this level of space is not concluded to be unacceptable given the overall size of the proposed dwelling.
6.10 As for highway safety and car parking issues it can be seen that the proposed development does result in a shared vehicular access onto New Road but it is considered that this is not to the detriment of either the existing or the proposed dwelling, both properties have their own vehicle turning areas. Visibility from the application site onto New Road has been assessed by the Department of Infrastructure Highways Services and concluded to be acceptable. The proposed property has two on-site car parking spaces provided within an integral and the existing dwelling retains two on-site car parking spaces within its curtilage. The level of car parking meets the minimum requirements of the Isle of Man Strategic Plan 2007.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, impacts upon neighbouring amenities, or result in significant impact upon the on street parking in the area. It is therefore recommended that the 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; 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.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.04.2016
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
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.
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C 2. Prior to the occupation of the dwelling the visibility splays onto New Road must be set out and thereafter maintained in accordance with drawing no.s 02 and 04 date stamped the 22nd February 2016.
Reason: In the interests of highway safety.
C 3. The dwelling hereby approved shall not be occupied until the parking and turning areas for both the approved dwelling and Westwood have been provided 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.
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 the north-western elevation of the first floor bathrooms and bedroom window 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 hereby approved a detailed scaled plan is required to be submitted to and approved in writing by the Department which shows a 1.5 metre high obscure glazed screen positioned along the north-western edge of the roof terrace above the garage. This plan should also include details of the boundary treatment between the dwelling hereby approved and Westwood. These approved schemes are required to be implemented 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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This approval relates to drawings reference numbers 01, 02, 03, 04 and SVY-1 REV A all received on 22nd February 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 15.04.2016
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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