The application site is the residential curtilage of a detached dwelling with detached garage known as Ballagarey to the north of Ramsey Road in Laxey. Whilst the dwelling is raised approximately 6 metres above the level of the highway, the detached flat roofed garage is located at the same level of the road, approximately 3.5 metres from its edge. One large mature tree and a driveway belonging to another detached dwelling known as Iona is sited approximately 2 metres from the nearest side elevation of the garage. The embankment between the application property and its associated detached garage is largely overgrown with vegetation.
The Proposal
The proposal comprises alterations to the existing garage. The length of the garage will be reduced from 9.6 metres to 6.4 metres. The width of the garage will increase from 3.1 metres to 3.8 metres. The flat roof will be replaced with a pitched roof finished in concrete tiles. The eaves height of the walls will increase from 2.2 metres to 2.5 metres.
Planning History
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
Planning Policy
The application site falls within an area designated for Predominantly Residential use in the Laxey & Lonan Area Local Plan 2005. There are no policies within the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application.
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:
"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;
(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".
Representations
The occupant of Iona, Ramsey Road, Laxey seeks 'party status', and also seeks a number of guarantees from the Planning Authority. All requests, with the exception of a matter raised regarding guarantees relating to mature trees lying in close proximity to the detached garage, are not material planning considerations and would have to be addressed through the building regulations process or privately with the applicant.
The Highways Division do not oppose the proposal as it has no traffic management, parking or road safety implications.
Consultation
The Forestry Division, part of the Department of Environment, Food and Agriculture (DEFA), were consulted on the application following concerns raised by the occupant of neighbouring property Iona, that the proposed works may damage mature trees in close proximity. However, following consultation, the Forestry Team in DEFA are content that the works would not cause sufficient damage to the health of the tree to warrant restriction to the works or refusal of the application.
Assessment
The proposed alterations to the length and width of the garage will still ensure one vehicle can park within the garage. More specifically, the increased width would allow improved use in terms of door opening and improved manoeuvrability when emerging from the garage. Furthermore, it is considered the Highways Division's judgement in respect of highway safety or traffic management is reasonable. The proposed change to the shape of the roof would improve the appearance of the garage. Given that it will be visible from the public highway and neighbouring properties it is not considered it would be adverse to public amenity. As such, it is considered the proposal complies with the relevant provisions in General Policy 2 in the Isle of Man Strategic Plan 2007 and therefore is considered acceptable.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The local authority, Laxey Village Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.
The occupant of Iona, Ramsey Road, Laxey, resides in property that adjoins the application site and therefore are afforded 'party status'.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 19.09.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to alterations to detached garage, as shown in drawing no. 11/832/01, 11/932/2 and 11/832/3, all received on 14th August 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 20.9.12
Determining officer (delete as appropriate)
Signed : Anthony Holmes Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control
Signed : Sarah Corlett Senior Planning Officer
Signed : Jennifer Chance Development Control Manager
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