5 February 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
St Nicholas Field, Breeze Hill, Laxey, Isle Of Man, IM4 7dl
The proposal involves building a double garage partially buried under an earth-sheltered bank with associated retaining walls at the rear of an existing dwelling in a sensitive landscape area. The site is mostly within residential zoning but edges into open space (woodland/parkland), within an area of high landscape va…
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The officer noted the proposal effectively amends the residential curtilage defined under prior approval 08/00397/B by swapping boundary areas related to levels for the earth-sheltered garage, conclud…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Restricts residential development to designated areas; extensions to existing properties accepted if sympathetic to character. Officer assessed garage as ancillary within (amended) residential curtilage in predominantly residential zone.
Policy L/RES/PR/14 (Car parking in Laxey and Lonan Area Plan)
Flexible approach to parking where provision would harm character. Garage provides parking without noted detriment.
Policy L/OSNC/PR/1
Presumption against development in open space (woodland/parkland). Small portion of site affected, but acceptable due to limited visual harm and curtilage location.
Ecological interest policy
Presumption against development adversely affecting ecological interest areas. No specific adverse impacts identified.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
Presumption against tree removal except commercial. Amendments noted tree removal (3 trees) with 36 replacements planted, harm acceptable.
General Policy 2
Requires development to respect site/surroundings, not harm landscape/amenity, provide parking, no road safety issues. Met via earth-sheltering minimising visual/landscape impact.
General Policy 3
Restricts development outside zoned areas except specified cases like ancillary to dwellings. Acceptable as within/amending residential curtilage.
Environment Policy 2
Protects high landscape value areas unless no harm shown. Development does not harm character due to screening.
Environment Policy 4
Prohibits adverse effects on habitats/species. No issues raised in ecological interest area.
Housing Policy 6
Residential development per area plan brief. Complies with Laxey and Lonan criteria.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s K/110/P/10-01 rev. A, K/110/P/10-02 rev. B, K/110/P/10-03 rev. A, K/110/P/10-04 rev. A and K/110/P/10-05 rev. A date stamped the 17th December 2009.
Residential curtilage definition
The residential curtilage of the property is hereby defined as the red line shown on drawing no. K/110/P/10-02 rev. B date stamped the 17th December 2009.
Approve / recommends approval
Do not oppose has no traffic management, parking or road safety implications
No objection
Drainage Division and Highways Division have no objection with conditions and no implications respectively; Laxey Village Commissioners recommend approval; Patricia Newton objects due to landscape, woodland, and visual impacts.
Key concern: Development in Area of High Landscape Value, Scenic Significance, Woodland and Wildlife Interest with tree loss and visual impact
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; The use of soakaways are subject to Building Control approval
Conditions requested: There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999; If Building Control approval for soakaways is not granted, no permission for discharge to foul system and alternative disposal required
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Laxey Village Commissioners
Supportthe Board recommends approval of the above planning application
Laxey Village Commissioners
Supportthe Board recommends approval of this application
Patricia S. Newton
Objectionin an area of Woodland there is usually a presumption against development which will necessarily result in the loss of trees; This will maximise the impact of the development; All this will make the site stand out even more adversely
Conditions requested: If permitted, retaining wall should be Manx stone traditionally laid and not painted
Patricia S. Newton
ObjectionThe proposed garage site is outside of the specific - red lined defined - site approved for residential development under PA 08/397; trees which existed on Plan K110/P/10-02 as part of PA 08/397 on the proposed garage site and which were shown as being retained as part of that consent have simply been omitted
