22 November 2021 · Planning Committee
Land Adjoining, Ard Reayrt, Laxey, Isle Of Man, IM4 7py
The proposal involved building a dwelling that would appear as a single storey from the north-east (Ard Reayrt side) but four storeys from the south-west (Douglas Road side), on an irregularly-shaped, heavily-treed site on a slope falling towards a rear unadopted lane.
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The officer concluded that the proposal fundamentally conflicts with General Policy 3 as the site is zoned 'Open Space' rather than for residential development, failing all GP3 exceptions and setting …
General Policy 3
Requires acceptable development in areas not zoned for development; proposal fails all exceptions as site is zoned Open Space, not residential, constituting urban backland development with precedent risk.
Environment Policy 3
Prohibits damage to trees or woodland; proposed and potential future loss from dwelling occupants, plus risks from unproven piled foundations near retained trees, contravenes policy despite minimal immediate felling.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development must respect local character/identity and preserve open/green spaces contributing to visual amenity; incongruous dwelling in landscaped gap harms streetscene and sense of place in treed valley setting.
Strategic Policy 4
Protects special interest areas including nature conservation; conflicts due to broadleaf woodland biodiversity loss (birds, bats).
Spatial Policy 5
Requires well-designed development; scale/design awkward and jarring in context of layered dwellings separated by tree gap.
General Policy 2
Development control considerations; highway access acceptable but neighbour amenity (overbearing/overlooking) fails.
Do not Oppose subject to conditions
Do not Oppose
DEFA Forestry provided conditional no objection to application 21/00750/B citing concerns over woodland loss and tree protection but recommending detailed Arboricultural Method Statement if approved; previous 2014 consultees (Highway Services, Senior Biodiversity Officer, Manx Ut…
Key concern: woodland loss and tree removal impacting public amenity value and group habitat
DEFA Forestry (Agriculture and Lands Directorate)
Conditional No Objection"trees growing as groups or woodland should be identified and assessed as such"; "the impact on the group/woodland as a whole is more significant"; "low level of confidence in the outcome for retained trees"
Conditions requested: Prior to commencement: submit and approve Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) per BS5837:2012 covering protective fencing, ground protection, trenchless techniques, hard surfacing, specialist foundations, retaining structures, preparatory works, and arboricultural monitoring schedule; Appoint Project Arboriculturist prior to commencement
Highway Services Division
Conditional No Objectionthey do not oppose the application subject to a condition
Conditions requested: Visibility splays of 2 x 36 (23 minimum) metres over land within the ownership of the applicant must be provided. Nothing must be planted or erected within the visibility splay which exceeds or may exceed 1.05 metres in height
Senior Biodiversity Officer, DEFA
No Objection"I did not have any specific, justifiable reason to object"; "retaining the woodland may well be of general benefit to the wildlife"
Conditions requested: bat survey as part of any subsequent Reserved Matters application
Manx Utilities Authority (Flood Risk Management Engineer)
No Commentthis is surface water flow issue which should be addressed by the applicant in their detailed submission
Laxey Village Commissioners
Objectionthe Board cannot approve the proposed development on the grounds the construction of the access across the Commissioners owned land would clearly breach Burden 3
