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24/00419/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00419/B Applicant : Mr & Mrs David Thomasson Proposal : Alterations and extension to create additional living accommodation and additional tourist use Site Address : 2 Amulree Glen Road Laxey Isle Of Man IM4 7AJ
Principal Planning Officer: Belinda Fettis Photo Taken : 13.06.2024 Site Visit : 13.06.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.07.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Demolition of the porch, outbuilding and sections of the South-West elevation must not be undertaken outside of the bat hibernation period and so should not take place between the 1st of October and the 31st of March in any year.
The applicant must make sure that checks for bats are made around the building prior to any work taking place.
Should bats, or evidence of bats such as staining or bat droppings be found then any other work that has commenced must stop and advice be obtained from the Ecosystem Policy Team on 01624 651577 or the Manx Bat Group Helpline 07624 366177.
Reason: To accord with Environment Policy 4 of the Isle of Man Strategic Plan.
C 3. Demolition shall proceed only in accordance with the measures outlined in the document submitted on the 2nd of July 2024, 'Works within 9m of a watercourse'.
Reason: For avoidance of doubt and to protect a tributary of the River Laxey in accordance with Environment Policy 7 of the Isle of Man Strategic Plan 2016.
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C 4. Outdoor lighting should be on a sensor and low level to protect habitat in this sensitive location
There shall be no external lighting at the site unless full lighting plan details have been first submitted to and approved in writing by the Planning Department.
The details shall be in accordance with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023) and include such detail as the position of lights, level of illumination and cowl details. Any external lighting shall then only be installed in full accordance with the approved lighting plan.
Reason: To accord with Environment Policy 4 of the Isle of Man Strategic Plan to protect the adjacent wildlife habitat.
This application has been recommended for approval for the following reason. For the reasons outlined in the report the proposal is considered to accord with Strategic Policies 3 and 4, Environment Policies 7, 22, 34, 35 and 39, General Policies 2, Business Policy 13 and Energy Policy 4 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide.
Plans/Drawings/Information;
This decision relates to the plans and drawings received on the date stated;
o Site & Location Plans, Drawing no.23 1789/01/A (10.06.2024) o Proposed Drawing no.23 1789/03/A (01.07.2024) o Proposed Sections Drawing no.23 1789/04/A (01.07.2024) o 3D Visual Drawing no.23 1789/05/A (01.07.2024)
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1. The site relates to the residential curtilage of a two storey semi-detached dwellinghouse, no.2 Amulree, Glen Road, Laxey. The site comprises outside amenity areas which, along with the entrance door, are accessed via a shared pathway for no.1 and no2 Amulree. Parking is on street.
1.2. The pair of semis are located on the south side of Glen Road between parking areas for recycling and local sports.
1.3. Abutting the site the south west boundary is the Main River, Laxey River, abutting the side boundary, north west to south west runs a tributary to the River Laxey. Beyond the River to the south there is an area of mature woodland. And the land to the east and south east is identified as a woodland area.
THE PROPOSAL
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2.1. Planning approval is sought for alterations and extensions to create additional living accommodation and additional tourist use.
2.2. Demolition is proposed of the existing porch, outbuilding and glass house to facilitate extensions. A wrap around ground floor extension is proposed that incorporates multiple roof styles and a two storey rear extension.
2.3. New porch - dual pitch roof around 3.5m (ridge) 2.5m (eaves) and protruding from the North-West elevation around 2.7m for a width of 2.9m. The door shall be in the north east elevation, as it is now, and a tall narrow window inserted on the North-West elevation. The material finishes are stone and slate to match the existing site.
2.4. Flat roof single storey extension from the porch and around the southern gable of the dwellinghouse; the extension will protrude 4.3m from the south west elevation for a width of around 9m and height of around 3.2m. The extension is set off the existing south east elevation by around 0.6m. The material finishes are a mix of render and timber.
2.5. The two storey extension from the south elevation is inset from the south east and North-West elevations by around 0.6m. The extension will protrude around 2m from the south west elevation and the dual pitch roof above the extension will overhang around 2m. A glass privacy screen will enclose an area of around 11sqm to form a balcony above the flat roof ground floor extension. The ridge of the dual pitch roof is set below the ridge of the existing dwellinghouse. The material finishes are a mix of render and timber.
2.6. New narrow window in the south-east elevation.
2.7. The outdoor amenity area incorporates a patio.
PLANNING HISTORY
3.1. The only planning history that is considered to be materially relevant to the assessment of this planning application is listed below. 3.1.1. 21/00875/B - Construction of reinforced concrete wall with stone cladding, blockwork rendered masonry walls and soil embankments for the purpose of providing flood protection. Permitted.
PLANNING POLICY
4.1. The site is not a Registered Building nor is it within the setting of a Registered Building. There are protected woodland areas nearby but none within the site nor abutting.
4.2. The site is within an area at high risk of flooding from river and surface water.
4.3. Of the Area Plan for the East, Map 7, the site is within the Laxey Conservation Area and within an area of mixed use. Paragraph 9.11.2 of the Plan states that uses which are not compatible with residential development will generally not be supported within the areas of mixed use.
4.4. Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
4.5. Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
4.6. Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Conservation Areas.
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4.7. Environment Policy 7 requires development close to a watercourse to take special care to ensure that the development could not cause harm to the watercourse. All water courses in the vicinity of the site must be identified and demonstrate that the work would not cause deterioration in water quality. Development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species. Development which would cause demonstrable harm to a watercourse which could not be overcome by mitigation measures will not be permitted.
4.8. Environment Policy 22 states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
4.9. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred. 4.10. Environment Policy 35 states that Paragraph 7.29.2 states that development in Conservation Areas will be expected to preserve or enhance the character and appearance of the area. In addition, development should ensure that the special features contributing to the character and quality are protected against inappropriate development. (Connected to Planning Policy Statement 1/01.)
4.11. Environment Policy 39 states the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole.
4.12. General Policy 2: 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n); (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; (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.
4.13. Business Policy 13 states, "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that
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such use would not compromise the amenities of neighbouring residents." (reflected in The Area Plan for the East paragraph 10.3.5)
4.14. Energy Policy 4 covers development involving alternative sources of energy which includes solar panels and air source heat pumps. Building Regulations set standards for energy efficiency in new construction.
OHER MATERIAL CONSIDERATIONS
Legislation 5.1. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given below.
5.2. Town and Country Planning (Permitted Development) Order 2012: Class 23A Air source heat pumps Class 42 Solar Panels (Roof mounted)
Policy Statements and Circulars 5.3. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber, which will preserve the Conservation Area.
5.4. Planning Policy Statement 1/01 states that 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.
5.5. Policy CA/6 of PPS 1/01 states that when considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 below, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole.
5.6. Policy RB/6 of PPS 1/01 states that there is a general presumption against demolition. Where proposed works incorporate demolition the general requirements under Policy RB/3 should be considered; importance of the building, physical features of the building and the buildings contribution and to the setting.
5.6.1. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing and texture. Pitched roofs are preferred over flat roofs. In addition consideration of development impacts upon residential amenity and the use of materials.
5.7. Flood related documents
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o Laxey Flood Alleviation Scheme Feasibility Study 2020 o Laxey Flood of 1st October 2019 Independent Review Final Report (Arup report) o Laxey Floor Modelling 2017 o National Strategy on Sea Defences, Flooding and coastal Erosion 2016 o Isle of Man Surface water flood map 2014 o Isle of Man Flooding and Wave Overtopping Study 2014 o Flood Risk to Coastal Towns 2012
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.1.1. Highways Services - (18.04.2024) Requested further information. (25.04.204) No objection.
6.1.2. The Clerk to Garff Commissioners - (22.05.2024) No objections.
6.1.3. Ecosystem Policy Team - (02.05.2024) The photographs show that there is potential for Bats, especially in the outbuilding, and there are records of Bats along the woodland alongside the River Laxey however the Team are not requesting a Bat Survey at this time. Demolition must not be undertaken outside of the bat hibernation period and so should not take place between the 1st of October and the 31st of March in any year. The applicant must make sure that checks for bats are made around the building prior to any work taking place and contact the Team immediately if they suspect Bats are present. All work must stop. (Team on 01624 651577 or the Manx Bat Group Helpline 07624 366177).
6.1.4. Forestry, Amenity & Lands - although consulted on the 1st of May 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.1.5. Manx National Heritage - although consulted on the 1st of May 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.1.6. Registered Buildings - although consulted on the 1st of May 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.1.7. Manx Utilities, Drainage - although consulted on the 1st of May 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
6.1.8. Flood Management - (02.05.2024) Do not oppose subject to conditions:
6.1.9. The additional living space should not be used as sleeping accommodation.
6.1.10. Flood mitigation measures should be employed o A flood escape/action plan should be displayed for the users of the holiday accommodation o A Section 20 Consent form must be completed and sent to FRM for review. o Access to the flood defence wall must be maintained so that FRM Officers can regularly inspect the asset.
6.1.11. Inland Fisheries - (29.04.2024) No objection. The application should take precautions to reduce the possibility of harmful materials such as concrete or washings entering the river.
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6.1.12. Business Agency - although consulted on the 1st of May 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
7.1. Principle 7.1.1. The site is within an area of mixed use which includes tourism and residential, therefore the proposal accords with the Isle of Man Strategic Plan and Area Plan. Other uses in proximity of the site includes sports facilities, indoor and out, car parks and industrial style business units.
7.1.2. As a household extension the principle of the proposal is acceptable; paragraph 8.12.1 of the Strategic Plan.
7.1.3. The application includes elements of demolition and because the site is within the Laxey Conservation Area a separated application has been submitted for determination; 24/00428/CON.
7.1.4. The main considerations for this application are the impact of the proposals on the character of the property and its' impact upon the character of the conservation area, and on neighbouring amenity.
7.2. Design and Impact upon the Character of the Conservation Area
Demolition 7.2.1. In respect of the demolition elements which include the porch, outbuilding, glass lean- to, and sections of the South-West elevation, these have been considered in full under planning application number 24/00428/CON, however because the applications are interconnected the summary is provided below.
7.2.2. In applying great weight to the preservation and enhancement of the Laxey Conservation Area, having regard to Section 18(4) of the Town and Country Act (1999) to preserve and enhance assets, in conjunction with the Isle of Man Strategic Plan 2016 Policies Environment Policy 35 and 39 and, Planning Policy Statement 1/01 it is considered that loss of the lean-to greenhouse and flat roofed outbuilding would not cause undue harm to the Laxey Conservation Area or the character of the dwellinghouse, loss of the South-West elevation and of the porch would cause harm.
7.2.3. The level of visibility of features that add to the character or landscape is not a reason for acceptability of its loss but it is considered to be a material consideration in weighing up the planning balance.
7.2.4. In weighing up the planning balance it is considered that demolition of the porch would not cause adverse harm to the building overall or the Laxey Conservation Area provided that either the wall is made good to match the existing elevation, or any replacement reflects the character of the other porch.
7.2.5. In weighing up the planning balance it is considered that demolition of sections of the South-West elevation would cause adverse harm due to the loss of the windows. However, taking into consideration the proposed modern extension, that harm would be outweighed by the modern addition, subject to separate permission; this application.
Construction 7.3. Given that the site is within a within Conservation Area the assessment of the design, scale and proportion must take account of Section 18 (4) of the Town and Country Act (1999)
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in consideration of whether the proposal preserves and/or enhances the Laxey Conservation Area. 7.3.1. Three extensions are proposed in the form of a dual pitch roof porch, a flat roof ground floor extension and first floor dual pitch roof extension.
7.3.2. It is proposed to extend out from the North-West and South-West elevations at ground floor level, effectively creating a wrap-around extension, albeit the porch is proposed with a different roof design to the all other existing and proposed elements. Therefore amendments were sought.
7.3.3. Various alternative options were discussed which resulted in the conclusion to extend the modern thermal flat roof around the corner of the elevations to incorporate the porch rather than introduce a new pitch element or attempt to replicate the existing whilst providing improved living space. The modern extension will be seen for what it is.
7.3.4. At first floor level it is proposed to extend out part way over the ground floor extension with the remaining section an enclosed balcony. The roof would extend out across both.
7.3.5. The materials are proposed to be in keeping with the existing building.
7.3.6. The height of the proposed extension is subservient to the host building and in the main uses local materials proposed to match the existing building.
7.3.7. The scale is almost disproportionate however because of the surrounding buildings and modern design it will appear not incongruous in the setting. Therefore on balance it is acceptable.
Solar panels and air source heat pumps (AHP) 7.4. The application includes the installation of solar panels across the existing and proposed roof areas on the south east and north west elevations. Installation of solar panels and AHPs are generally permitted under the Town and Country Planning (Permitted Development) Order 2012 except where within a Conservation Area.
7.4.1. Because of the reflective nature of the material, visually the solar panels will have the greatest adverse impact on the Laxey Conservation Area. The use of non-fossil fuel sources of energy is encouraged throughout the Island Plans as are improved methods of insulation.
7.4.2. The site is located in an area of the Conservation Area that has mixed uses including mixed materials and scales of buildings. Therefore in weighing up the planning balance, because of the location and its setting, the harm is considered to be outweighed by the reduction in use of fossil fuels.
7.4.3. Because of its scale and position the AHP will not harm the Conservation Area.
Residential Amenity 7.5. Tourist Use 7.5.1. Business Policy 13 indicates that permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.
7.5.2. The neighbouring adjoining semi was granted permission for additional use as tourist accommodation in 2022. There are other residential properties however except for the issue of parking which is discussed under the heading of parking, there are no other dwellinghouses in such proximity that the use is considered would cause harm to their residential amenity.
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7.5.3. It is considered the use of the existing residential dwelling for tourist accommodation will have the same impact, whether it is used for tourist or permanent residential use. Whether this would compromise the amenities of neighbouring residents is demonstrated under the heading Residential Amenity.
Access 7.6. Although the porch is replaced, the location and method of access to the property is retained. As a residential property occupants have to walk past the entrance to the property adjacent the road. This would be the same and due to the reduced number of bedrooms possibly result in a reduction in activity.
Overlooking, loss of light 7.7. In respect of these matters the only resident for whom the proposal could have a negative impact is that of the adjoining semi.
7.7.1. Except for walking past the entrance, there exists no overlooking. The proposed rear extension would not result in any new window to window relationships, nor would it introduce any loss of light.
7.7.2. The introduction of a balcony could introduce additional noise however this could equally occur from the outdoor amenity areas.
Parking 7.8. Irrespective of whether the applicant owns both semis it is a material consideration to assess the impact of the proposal on the adjoining dwellinghouse as though it were independent.
7.8.1. In respect of parking, although the semis stand alone, there are a number of residential dwellings in relative proximity north of the site.
7.8.2. The proposal reduces the number of bedrooms from two to one therefore in theory the potential number of vehicles is reduced.
7.8.3. Albeit sofa sleeping could be accommodated, given the limited number of bedrooms, it is considered the use of the existing residential dwelling for tourist accommodation will have the same impact, whether it is used for tourist or permanent residential use.
7.8.4. Therefore the proposal would cause a neutral affect and not compromise the amenities of neighbouring residents and accords with General Policy 2 and Business Policy 13.
7.9. Other
Security by design 7.9.1. Criminals are often deterred by inhabited overlooking windows. The proposed additional balcony and windows potentially offer additional security monitoring for the adjacent car parks and industrial unit by way of overlooking.
7.10. Other material consideration 7.10.1. Due to the development proposed, demolition and construction adjacent to a Main River and a tributary of that River, consideration has been given to provision of an Environmental Impact Assessment. The ecologist and flood team comments have been included in this assessment. It is considered that an EIA is not required but the agent has been asked to provide a construction method plan (CMP) prior to commencement to ensure that measures are in place to protect the watercourses from contamination. The development will not be able to proceed until the CMP is approved and this is considered acceptable mitigation for any potential risks.
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8. CONCLUSION 8.1. For the reasons outlined above the proposal is considered to accord with Strategic Policies 3 and 4, Environment Policies 7, 22, 34, 35 and 39, General Policies 2, Business Policy 13 and Energy Policy 4 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide.
8.2. The proposal is considered acceptable and recommended for approval.
INTERESTED PERSON STATUS 9.1. By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
a) the applicant (including an agent acting on their behalf); b) any Government Department that has made written representations that the Department considers material; c) the Highways Division of the Department of Infrastructure; d) Manx National Heritage where it has made written representations that the Department considers material; e) Manx Utilities where it has made written representations that the Department considers material; f) the local authority in whose district the land the subject of the application is situated; and g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __ I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 03.07.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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