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THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the residential curtilage of a detached dwelling that is located on Ballafletcher Road in Braddan. The proposed development comprises the erection of a detached garage within the application site. PLANNING HISTORY The application site has not been the subject of any previous planning applications. REPRESENTATIONS
Braddan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the proposal would be contrary to the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007, as the design of the building would be inappropriate as it is adjacent to a Conservation Area.
The Department of Infrastructure Highways Division do not oppose the planning application on the grounds they consider the proposal to have no traffic management, parking or road safety implications.
A resident of Kames Court, which is accessed via the same lane that serves North Lodge, state that whilst they do have no objection to the erection of a garage they have concerns about traffic and service vehicles within the access lane. They advise that during the past year, during which work on renovating North Lodge have been ongoing, there have been numerous occasions when access past the site has been problematic.
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Braddan Parish District Local Plan. There are no policies with Planning Circular 6/91, the written statement that accompanies the local plan, which are considered specifically material to the assessment of the planning application.
In terms of strategic plan policy, 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:
Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."
The proposed development comprises the erection of a detached garage, with attached garden store, within the application site. The proposal was the subject of pre-application discussion.
In terms of general impact the proposed garage is an appropriate size for the application site and it is screened by the existing dwelling. The proposed development sits below the significant mature trees found within the site, due to its position and form the proposal should not affect these trees. Overall, it is considered that the proposal does not adversely affect public amenity, private amenity or highway safety. As such, the proposal accords with General Policy 2 of the Isle of Man Strategic Plan 2007.
In terms of the objection from Braddan Parish Commissioners it should be noted that their belief that the site is adjacent to a Conservation Area is incorrect. As confirmed by the Building Conservation Officer there is no designated Conservation Area within the locality. There are Registered buildings within the locality, however given the scale of the proposed development and its position it is considered that it does not harm the setting of those Registered buildings.
As regards the representation from the resident of Kames Court, whilst the difficulties with parking on the access lane are understandable such issues are separate from the development proposed by the planning application. The renovation of North Lodge, which does not require planning approval, has understandably required various professionals and to some degree it is their vehicles that are likely to be causing problems. Such problems would be reasonably expected to resolve themselves once the renovation is completed. The development proposed by the planning application is linked to the occupant of North Lodge parking within the site and therefore off the access lane. Beyond that any rights to access or parking on the access lane are civil matters between landowners and are outside of the control and remit of the planning system.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Braddan Parish Commissioners; and Resident of Kames Court (Lady H Crichton-Stuart).
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division (same department as Planning Authority).
Recommendation
Recommended Decision: Permitted Date of Recommendation: 14.07.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 the location plan and drawing no.s PA1 and S1 date stamped the 1st June 2010.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : 15.31.11.2012 Signed : [Signature] Senior Planning Officer
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