Officer Planning Report Recommendation

Planning Report And Recommendations {{table:458708}} ### Considerations {{table:458706}} ### Written Representations ### Consultations {{table:458707}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a property located on New Road in Laxey. The proposed development comprises the removal of a chimney stack and installation of replacement rear windows.

Planning History

The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

Planning application 04/02013/B sought planning approval for the removal of a chimney stack and the installation of uPVC sliding sash windows to replace existing on rear elevation. This previous planning application was approved on the 11th November 2004.

Representations

Laxey Village Commissioners do not object in principle to this application but would prefer to see like for like windows i.e. sliding sash with external Georgian glassing bars.

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 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."

ASSESSMENT

The planning application seeks planning approval for the removal of a chimney stack and installation of replacement rear windows.

The proposal is contained to the rear of the property, which although is accessible is not readily visible from the main public thoroughfare. The removal of the chimney stack and installation of replacement windows does not adversely affect public or private amenity. The character of the Conservation Area is suitably preserved due to the location of the proposed development. The proposal is therefore concluded to acceptably accord with the provisions of policies L/RES/PR/1 and L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.

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: 01.10.2010 1 October 2010 10/01292/B Page 2 of 3

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 planning approval relates to the location plan and drawing no. S/3011/1 date stamped the 1st 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