Officer Planning Report Recommendations

Planning Report And Recommendations {{table:457483}} ### Considerations {{table:457481}} ### Written Representations ### Consultations {{table:457482}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a dwelling that is located on Glen Road in Laxey. The proposed development comprises of the erection of a wendy house with platform in the rear garden of the property.

Planning History

Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

Representations

Laxey Village Commissioners recommend that the planning application be approved.

Planning Policy

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. 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."

The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 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)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two 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 35 "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."

Assessment

The planning application seeks planning approval for the erection of a wendy house with platform in the rear garden of the property. The application is made partially retrospectively as the platform for the proposal has already been constructed and is in place. As established by case law the fact that planning approval is sought retrospectively should neither advantage nor disadvantage the assessment of a planning application.

The proposed development, which is positioned on an elevated slope towards the rear of the garden of the property, is not visible from public viewpoints along Glen Road. As such, it is considered that the proposal does not harm public amenity and the character of the Conservation Area is preserved. The only potential issue is considered to be impact on the private amenity of the adjoining property. In terms of this the proposed development is positioned in an area that is already accessible and utilised as part of the garden of the property. As seen on site the actual position is well screened by existing trees and vegetation. This screening provides more than adequate screening in winter and would be reasonably expected to even thicker in summer. As such, the actual impact on the private amenity on the adjoining property is considered to be acceptable.

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:

Laxey Village Commissioners.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 06.12.2010 6 December 2010 10/01378/B

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 be commenced before the expiration of 4 years from the date of this notice.

C 2. This approval relates to drawing no.s 1, 2, 3, 4, 5 and 6 date stamped the 17th September 2010.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted Date : Signed : Senior Planning Officer