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The application site comprises the curtilage of a detached dwelling that is located in the Fairy Cottage area of Laxey.
The proposed development comprises of the alteration and extension of the dwelling contained within the application site. The proposal is basically an amendment to the development previous approved under planning application 08/01778/B.
The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:
Planning application 08/01778/B sought approval for the alteration and extension of the dwelling contained within the application site. This previous planning application was approved on the 14th November 2008.
REPRESENTATIONS
Laxey Village Commissioners recommend that the planning application be refused on the grounds they considers that this application has no additional merits to that submitted in 2008 by 08/01778/B. They reiterate their previous objections that the proposals present an inappropriately large extension to the existing dwelling and represents an over intensive development of the site.
The Department of Transport Highways Division do not oppose the planning application.
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 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:
The planning application seeks approval for the alteration and extension of the existing dwelling contained within the application site. As stated earlier in this report the proposal is basically an amendment to the development previous approved under planning application 08/01778/B and was the subject or pre-application discussion. Much of the assessment of this current planning application is the same or similar to that of the previous planning application.
In terms of principle it is relevant to have regard to the predominantly residential land use designation of the application site under the Laxey and Lonan Area Plan Order 2005. Given this designation it is concluded that there are no planning policy reasons that prevent or limit the alteration and extension of the dwelling. The size and design of the alteration and extension is not constrained in the same manner that dwellings within the countryside are. Rather, the purpose of the planning application to assess the impact of the proposed development on the surrounding area, which in this instance is against policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007.
As with previous planning application 08/01778/B, although it is considered reasonable to say that the proposed alterations and extensions are significant the application site is of sufficient size to accommodate the proposal without undue harm. By reason of the changes in levels throughout the surrounding area and the distance from neighbouring properties it is considered that the proposed alterations and extensions will not cause unacceptable harm to private residential amenity. The negative or positive effect of development on the view from a private property is not a material planning consideration and therefore cannot be taken into account during the assessment of the planning application.
As part of the proposed extension the proposal contains ancillary guest accommodation above the garage and linked to the main part of the dwelling. Given the size of the application site, the changes in level throughout the surrounding area and the distance from the neighbouring properties it is considered that the provision of this additional accommodation would not cause unacceptable harm. The use of this additional accommodation as ancillary accommodation can be controlled by condition.
In terms of impact on public amenity, the location of the application site and the access arrangements to it mean that the application site is relatively well hidden from general public view. Additionally, the surrounding area contains a variety of dwellings of different scales, forms and designs. As such it is considered that the impact of the proposed development on public amenity is acceptable.
Whilst the Department of Agriculture, Fisheries and Forestry have not made representations to this planning application it is considered that their comments in respect of previous planning application 08/01778/B remain valid. As previously, it can be seen that part of the proposed development is located within eight metres of a watercourse. Given the nature of this watercourse it is concluded that the proposed extension will not compromised by its proximity. There are no material planning considerations why the proposed development cannot be constructed
within eight metres of the watercourse. Any planning approval should emphasise the need to put measures in place during construction works to safeguard the watercourse from run-off and sedimentation.
Overall, it is considered that the proposed development accords with the relevant land use designation and does not adversely affect public or private amenity. Accordingly, the proposed development accords with policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007. It is recommended that the planning application be approved subject to the same conditions and note as previous planning application 08/01778/B.
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; and The Department of Transport Highways Division.
Recommended Decision: Permitted
Date of Recommendation: 08.07.2009
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawing no.s SH/AJ/SP1, LDG/AJH FP1 and LDG/AJH EL1 date stamped the 15th May 2008.
The accommodation created by this approval must only be used as accommodation ancillary to that of the existing dwelling. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling.
Given the proximity of the proposed development to the adjacent watercourse the applicant is strongly advised to ensure that measures are put in place during construction works to safeguard the watercourse from run-off and sedimentation. Further advice in this respect can be sought from the Department of Agriculture, Fisheries and Forestry's Inland Fisheries Division.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : __________________________ Committee Meeting Date : __________________________ Signed : __________________________ Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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