Loading document...
==== PAGE 1 ====
17/01109/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01109/B Applicant : Organic Construction Solutions Ltd Proposal : Erection of a detached dwelling Site Address : Land At Westwood New Road Laxey Isle Of Man
Case Officer : Mr Jason Singleton Photo Taken :
Site Visit : 22.11.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.12.2017 __
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. 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. 05 date stamped 20th October 2017.
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. Nothing must be planted or erected within visibility splays which may exceed 1.05 metres in height.
Reason: In the interest of highways safety.
==== PAGE 2 ====
17/01109/B Page 2 of 5
Plans/Drawings/Information;
This approval relates to drawings referenced 01; 02; 03; 04; 05 all date stamped, 20th October 2017. __
Interested Person Status - Additional Persons
None __
Officer’s Report
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.
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.
2.2 This proposal is different to the previously approved scheme, in that the property is now further forward on the plot and the terrace to the front has been removed. This terrace has been relocated to the south elevation. The front building line is now parallel with the neighbouring property Westwood to the south.
2.3 The applicant has commented to clarify the reason for this application to move the property forward is to save on the cost of a retaining wall at the rear of the site. The forward move will eliminate the need for oversizing retaining wall. The revised design is to accommodate the expanding family with two children.
PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
3.2 16/00205/B - Erection of a detached dwelling (amendments to 12/00658) - APPROVED
3.3 12/00658/B - Erection of a detached dwelling - APPROVED
3.4 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.
PLANNING STATUS 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 two policies that are considered specifically material to the assessment of this current planning application.
==== PAGE 3 ====
17/01109/B Page 3 of 5
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 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 2016 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: (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; (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;
REPRESENTATIONS 5.1 Garff commissioners have not commented.
5.2 Highways Services have commented and do not oppose subject to the inclusion of a condition (17/11/17);
Nothing must be planted or erected within visibility splays which may exceed 1.05 metres in height.
Reason: In the interest of highways safety.
ASSESMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of development; (ii) the visual impact of the proposed development on the character and appearance of the existing street scene. (iii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.
(i) the principle of development;
6.2 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
==== PAGE 4 ====
17/01109/B Page 4 of 5
primary purpose of the planning application is therefore to assess site specific impacts and acceptability.
6.3 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.
(ii) the visual impact of the proposed development on the character and appearance of the streetscene
6.4 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. A photomontage 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.
(iii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.
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. There is no prospect of overlooking towards the site as there are no widows on the north elevation looking towards the New Inn site. There has been no objections received by the owners of the New Inn site.
6.8 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
==== PAGE 5 ====
17/01109/B Page 5 of 5
modest level of amenity space associated to it but this level of space is not concluded to be unacceptable given the overall size of the proposed dwelling.
6.9 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 2016.
RECOMMENDATION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
INTERESTED PERSON STATUS 8.1 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. __
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 : 19.12.2017 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal