Officer Planning Report Recommendations

Planning Report And Recommendations {{table:79911}} ### Considerations {{table:79908}} ### Written Representations {{table:79909}} ### Consultations {{table:79910}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of Cool Roi Elderly Persons Home on Glen Road, Laxey. The proposed development comprises alterations to the building, installation of replacement windows and erection of extension.

Planning History

Whilst the application site has been the subject of a number 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 initially recommended that the planning application be approved. In response to the submission of amended drawings they reiterated their recommendation that the planning application be approved.

The Department of Transport Highways Division do not oppose the planning application. No further representation was received following the submission of amended drawings.

The Manx Electricity Authority expresses an interest in the planning application. No further representation was received following the submission of amended drawings.

The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division initially expressed an interest in the planning application. They advised of the presence of bats and that they had been in discussions with the applicants with regards to an acceptable way forward. No further representation was received following the

submission of amended drawings (NB. The amended drawings were in response to the Wildlife and Conservation Division's suggestions).

The Manx Bat Group welcomed the amended drawings, as the changes to the proposed development addressed their primary concerns about the impact on bats. They requested that no building works occurred between April to July in order to minimise the impact on bat breeding and that works be undertaken in consultation with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division.

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 approval for alterations to the building, the installation of replacement windows and the erection of extension. Following discussions with the applicant regarding the known presence of bats within roof of the building the proposed development was amended to reduce the level of development and take account of this. The amended drawings were duly advertised and open for comment. The issue of the impact of development on bats has been addressed.

The proposed development is relatively modest in comparison to the overall existing building and is in keeping with the existing character of Cooil Roi. It is considered that the proposal has limited impact on the general amenity and the private residential amenity of properties within the surrounding area. Given the existing form of Cooil Roi and the nature of development proposed by the planning application it is considered that the character of the Conservation

Area is not adversely harmed by the proposal. Accordingly, it is concluded that the proposed development accords with 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. Given the known presence of bats in and around the application site it is considered to prohibit construction work during the breeding period (April to July) by condition. A note recommending that works are done in consultation with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division is also considered appropriate.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Laxey Village Commissioners; The Department of Transport Highways Division; and The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Manx Electricity Authority; and The Manx Bat Group.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	25.03.2009
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.	The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.	This approval relates to drawing no.s JC5677:SP1, JC5677:SP2, JC5677:08, JC5677:09, JC5677:10, JC5677:11 and JC5677:12 date stamped the 18th December 2008 and drawing no.s JC5677:04, JC5677:05, JC5677:06 and JC5677:07 date stamped the 16th February 2009.
C 3.	In the interests of the protection of bats during their breeding season no construction may take place during April to July (inclusive) in any one year.
N 1.	The applicant is recommended to consult with the Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Division prior to the commencement of, and during, construction with respect to the protection of bats.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted	Date: 25/3/09
Signed : Senior Planning Officer