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                                                 17/00497/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00497/B Applicant : Emma Measures Proposal : Erection of shed (retrospective) Site Address : Land Adj To Burnside Glen Road Laxey Isle Of Man

Case Officer : Mr Jason Singleton Photo Taken :

Site Visit : 14.06.2017 Expected Decision Level : Officer Delegation

Officer’s Report

THE APPLICATION SITE 1.1 The application site is the curtilage of Glen Cottage, Glen Road, Laxey. The cottage is a two storey, traditional Manx dwelling house built pre 1921. The cottage is characterised by 7 windows, a porch on the front, and a pitched Manx slate roof with three chimney stacks. The walls have been rendered on all sides and painted in cream colour. The windows are top-opening casements but offer a Georgian glazing bar pattern and proportion; these windows are not, however, lawful, and were installed in replacement of the previous timber sliding sash units of similar glazing bar pattern. An enforcement notice to replace these windows with a timber, sliding sash version remains in place.

1.2 The cottage is located within a predominantly residential area, consisting of a mixture of traditional-style Manx dwellings and more modern housing. The cottage's frontage is located immediately on the edge of the main highway in lower Laxey, Glen Road. It is one of a number of residential dwellings that are sited immediately adjacent to the highway along Glen Road; however, at this particular point along the road, this and the adjacent property to the south east are the only two.

1.3 The application site overlooks the side elevation of Figtree Cottage and Osborne Cottages, and their adjoining gardens, on the other side of Glen Road from its front elevation. The application site's curtilage borders more contemporary housing to its rear and north western side elevations, which are further set back from the road by approximately 4 metres. A similar, pre-1921 property is located 3 metres from the south-eastern side elevation and is also situated on the edge of the highway.

PROPOSAL 2.1 Proposed is the erection of a detached garden shed (retrospective) to land that is affiliated with the dwelling house located to the north east of the site by approx. 20m away. The shed is a replacement for a former shed that has been removed as it was "rotting". The new shed is the same size measuring 2.4m x 2.4m and 2.2m high with double doors opening on the north elevation. The shed is constructed from pre-fabricated plastic panels that have a finish to resemble timber boarding.

PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-

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                                                 17/00497/B
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PA 15/00617/B - Installation of replacement windows to front elevation - APPROVED PA 11/01641/B - Installation of replacement windows (Retrospective) PA 10/00790/B - Installation of replacement windows to side elevation - APPROVED PA 04/01572/B - Replacement white finish UPVC sliding sash windows with external glazing bars - APPROVED. PA 00/00442/B - Installation of UPVC windows to replace existing - REFUSED. PA 98/02082/B - Extension to dwelling and installation of replacement windows - APPROVED. PA 95/01427/B - Replacement UPVC windows and door - REFUSED.

PLANNING STATUS 4.1 The application site falls within an area designated for predominantly residential use under the Laxey and Lonan Area Plan Order 200; it also falls within the Laxey Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

4.2 The Isle of Man Strategic Plan contains two policies that are 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; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality''.

4.3 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

REPRESENTATIONS 5.1 Garff Parish commissioners have commented (20/05/17 ) "they oppose all applications that are retrospective.

Further comment is given " The finish and colour of the shed does appear to exacerbate its visual impact in this location and would have led to expressions of concern or objection if the application had been submitted prior to erection".

5.2 Highways Services have confirmed there are no highways involvements. (01/06/17)

ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the visual impact of the proposed development on the character and appearance of the streetscene in terms of siting, design, size or finish. (ii) whether the proposal would adversely affect the Laxey Conservation area. Whilst the Commissioners have made the point that they object to all retrospective applications, this is not an appropriate approach to enforcement as the submission of a planning application to regularise unauthorised development is one of the methods of seeking compliance. There would be little public gain to require a structure to be removed which is subsequently found through the submission of an application, to be acceptable. The Commissioners' comments about colour and finish are noted and addressed below.

6.2 The proposal is located approx. 30m from the highways and streetscene to the rear s of the dwelling houses. The shed sits within a wooded area and adjacent to a footpath that leads up towards the river and waterfall. To the north of the site is a compound area used by builders of sort

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                                                 17/00497/B
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and opposite the detached garage that serves Fern Cottage to the west. IN so far as the siting of the shed, it would sit comfortably within the context of immediate surrounding area and closely associated with the residential properties in the vicinity.

6.3 Taking into consideration the above, the application is considered to be an appropriate size, scale and design relative to the scale and character of the surrounding properties and would be appropriate when read within the street scene and not considered to have a visual impact on the Laxey Conservation area.

6.4 A condition is not required to establish a time frame for the commencement of works as the development is already in situ. It is appropriate to control the use of the building to such appropriate to a domestic location and in particular to a dwelling in close proximity to the site to avoid the increase of traffic along this lane which could adversely affect the amenities of those in adjacent properties.

RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

INTERESTED PERSON STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: (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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.06.2017

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

C 1. The shed may be used only for the storage of domestic or garden-related implements in relation to the occupation of Burnside as defined on the submitted plans, or as otherwise approved by the Department.

Reason: to ensure that the building is used for purposes appropriate to its residential setting.

This approval relates to information and supporting documents received on 4th May 2017.

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.

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                                                 17/00497/B
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Decision Made : Permitted

Date: 22.06.2017

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

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