Planning Report and Recommendations

Planning Report And Recommendations {{table:473795}} ### Considerations {{table:473791}} ### Written Representations ### Consultations {{table:473792}} {{table:473793}} {{table:473794}}

Officer's Report

The Application Site And Proposed Development

The application site comprises the curtilage of a detached dwelling that is located in the South Cape area of Laxey.

The proposed development comprises the erection of retaining walls and associate drainage works within the application site.

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

Lonan Parish Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application.

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."

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:

• (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."

Assessment

The planning application seeks approval for the erection of retaining walls and associate drainage works within the application site. The proposal was the subject of on-site pre-application discussion with the applicant.

The proposal is related to the provision of safety measures designed to ensure that the slop behind the dwelling does not become dangerous. The drainage measures within the proposal have been discussed and agreed with the Department of Transport Drainage Division. Visually, the proposal is relatively well screened from public viewpoint by the existing dwelling and what can be seen is considered to be acceptable. The proposed development does not unduly harm public or private amenity and, as such, accords with General Policy 2 of the Isle of Man Strategic Plan 2007 and policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005.

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 meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Lonan Parish Commissioners; The Department of Transport Highways Division; and The Department of Transport Drainage Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 15.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal 0 : 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 SK/PB/01 and SK/PB/02 date stamped the 13th March 2009. C 3. There must be no discharge of surface water to the main foul sewer.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer