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Application No.: 09/01590/B Applicant: Mr Alan Jeffrey Hall Proposal: Alterations and extensions to dwelling (comprising amendments to PA's 08/01778B and 09/00861B) Site Address: - The Lodge - Fairy Cottage - Laxey - Isle Of Man - IM4 7BR ### Considerations Case Officer: Mr A Holmes Photo Taken: Senior Planning Officer Site Visit: Senior Planning Officer ### Written Representations ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management parking or road safety implications. Consultee: Laxey Commissioners Notes:** Refuse
The application site comprises the curtilage of a detached dwelling that is located in the Fairy Cottage area of Laxey.
The proposed development comprises the alteration and extension of the dwelling contained within the application site. The proposal is basically an amendment to the development previous to approving the planning applications 08/01778/B and 09/00861/B.
The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application:
Laxey Village Commissioners recommend that the planning application be refused on the grounds they consider that the proposal presents an inappropriately large extension to the existing dwelling and represents an overintensive 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 recognized 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
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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 previously approved under planning applications 08/01778/B and 09/00861/B. The changes proposed by this current planning application consist of three elements: i) the conversion of the roofspace into habitable accommodation through the use of rooflights and a gable-end window; ii) the replacement of a ground floor window with a glazed door; and iii) the addition of two windows in the garage. As such, much of the assessment of this current planning application is the same or similar to that of the previous planning applications.
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 the previous planning applications, 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 proposal does not represent an over intensive development of the application site. 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 be 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 applications 08/01778/B and 09/00861/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:
Recommended Decision: Permitted
Date of Recommendation: 04.11.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
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 EL1 and LDG/AJH FP1 date stamped the 28th September 2009.
The accommodation created by this approval must be used only 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 accords with Government Circular No 09/09 Delegation of functions, 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 : 5/11/09 Signed : __________________________ Senior Planning Officer
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