Planning Officer Report Recommendation

Planning Officer Report And Recommendations {{table:23537}} Case Officer : Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of 2 Tent Road, a three storey mid terraced dwelling sited on the south western side of Tent Road, Laxey.

The Proposal

1. This retrospective planning application seeks the approval for the installation of UPVC framed French doors in replace of timber framed on the first floor front elevation and ground floor rear elevation and installation of satellite dish to rear elevation.

Planning History

1. The application site has been the subject of one previous planning application that was granted planning approval and is considered specifically relevant to the assessment of this current planning application:

PA 89/00289/B: Erection of 4 dwellings and garages, plot of land adjacent to Tent Road, Laxey.

Planning Policy

1. In terms of local plan policy, the application site is within an area recognised as being predominantly residential within Laxey's Conservation Area under the Laxey and Lonan Area Plan Order 2005 Map No. 1. The application site also falls within the Laxey Flood Zone which has a flood return period of 200 years. There are two policies within the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application:

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."

Policy L/CRB/PR/4 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)."

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are 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:

• (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."

Environment Policy 10 states:

"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."

Environmental 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

1. Laxey Village Commissioners have no objections to the current planning application.

Assessment

1. There are a number of key issues to consider in the assessment of this planning application; 1) The impact of the proposed replacement of windows on the existing dwelling; and 2) The impact of the proposed development on the Conservation Area and Flood Zone.

1. The new proposed UPVC framed French doors are not considered to cause a damaging or harmful impact to the appearance of the existing dwelling given that the replacement French Doors are to replicate and be in keeping with what exists on the front elevation of Nos 1, 3 and 4 Tent Road. The new rear elevation French doors are not considered to have an adverse impact on the existing dwelling or public and private amenity. In terms of internally, PVC acts a reduction in drafts and conceals heat, and therefore considered more sustainable than timber frames.

1. Environment Policy 10 states that any proposed development in an area where there is potential risk of flooding must undergo a flood risk assessment and details of proposed mitigation measures must accompany any application for permission. Given the level and scale of the proposed development within this application is considered relatively modest and is therefore judged not to have an adverse impact on the Flood Risk Zone or increase the chances of flooding in the area.

1. Environment Policy 35 states that development will only be permitted which would preserve or enhance that character or appearance of the Conservation Area. The uses of UPVC are judged to neither preserve nor enhance Conservation Areas. However given that the proposed window and door will replicate the appearance of what was existing and those installed on the adjoining properties the proposal is not judged to be detrimental and damaging to the character and quality of the Conservation Area.

1. With regards to the satellite dish, satellite dishes to not need planning permission provided they do not display any advertising or logos, there is only one dish per property and the dish is no larger than 60cm in diameter. Therefore, the satellite dish does not require planning permission.

1. Overall, it is concluded that the planning application is in accordance with policies L/RES/PR1 and L/CRB/PR4 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2, Environment Policy 10 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98: The Alteration and Replacement of Windows Category b) Buildings in Conservation Areas.

Recommendation

1. It is recommended that the planning application be permitted.

Party Status

1. The local authority is, Laxey village Commissioners, 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.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 13.12.2012

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.

This approval for the installation of replacement French doors to the first floor front elevation and ground floor rear elevation and installation of satellite dish relate to Drawing No.: 12 962 1 (PHOTOGRAPH NO 1), 12 962 2 (PHOTOGRAPH NO 2), and 12 962 (PHOTOGRAPH NO 3) all date stamped 9th November 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: 14-12-12

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