29 March 2022 · Planning Committee
Plot 3 - Field 614664, Ballaragh Road, Laxey, Isle Of Man, IM4 7ph
The proposal involves building a contemporary split-level detached house cut into a steeply sloping hillside plot, appearing as a bungalow from the road but with two storeys to the rear, including an open-plan kitchen/dining/living area, lounge, guest room, utility, three garages, and deck on the ground floor, plus fou…
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The officer assessed the proposal against General Policy 2 (GP2) of the Isle of Man Strategic Plan 2016, finding it acceptable in a 'Predominantly Residential Use' zone as it respects site surrounding…
General Policy 2
Requires development in zoned areas to respect site/surroundings in siting, scale, design; not adversely affect character, amenity, highways, ecology, views. Officer found proposal complies via design mitigations (reduced glazing/balcony, setbacks), mixed character fit, parking provision, and conditions for ecology/drainage.
Housing Policy 4
New housing in existing towns/villages or urban extensions, not countryside except exceptions. Site in Laxey settlement on previously approved residential plot satisfies infill principle.
Strategic Policy 1
Optimise previously developed land, efficient site use with access/amenity. Plot from subdivided larger site with prior approvals meets reuse of underused land in settlement.
Spatial Policy 5
New development to positively contribute to environment via Design Statement. Contemporary design with slate/timber/render, adaptable layout accords with Residential Design Guide.
Transport Policy 7
Parking per Appendix 7 standards. Three garages plus turning/parking exceed requirements with existing visibility.
Environment Policy 4
Protect ecology/habitats. Conditions for Montbretia, bat/bird features address gorse scrub, nesting birds, invasive species.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Protect important habitats. Site gorse for birds mitigated by nesting checks and enhancements.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Montbretia Control Plan
Prior to the commencement of the development hereby approved, an on-site Montbretia Control Plan which sets out measures to prevent the spread of Montbretia which is a non-native invasive plant species shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan. Reason: To ensure that Montbretia is not spread via course during the construction phase of the approved development.
Parking and turning
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
Flood protection and drainage
Prior to the commencement of the development hereby approved, the flood protection details at site entrance and drainage management for the site shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with the agreed details and shall be permanently retained thereafter in accordance with the approved scheme. Reason: To ensure that adequate drainage/flood control measures are provided, and retained, in the interests of the amenity of the area.
Biodiversity enhancements
Prior to the commencement of the development a scheme which shows the following shall be provided and shall be fully implemented prior to the occupation of any dwelling; o Bat and bird boxes installed high up under the roof line; o Bird bricks installed on the North-west elevation; o Bat bricks installed on the south east elevation. Reason: In the interest of biodiversity within the site.
Do not oppose
No objection provided precautions followed and no watercourse disturbance
Satisfied with condition for flood protection and drainage details
This document contains a public objection from Hazlewood House residents and consultation responses from DEFA Fisheries (no objection with precautions) and DOI Drainage (conditional no objection with flood protection condition).
Key concern: breach of covenanted build line restriction and oppressive impact on adjacent dwelling
Hazlewood House residents
ObjectionThe present application is in clear breach of the build line restriction we agreed with the prior owner of Plot 3; our privacy will be considerably compromised, especially on our southeast patio; highly oppressive, again due to the siting of the application; we firmly believe that this will be an oppressive outlook
DEFA Fisheries (John Ward, Inland Fisheries Policy Manager)
Conditional No ObjectionDEFA Fisheries have no objection to the proposed development, provided that these precautions are followed and there is no disturbance of the watercourse
Conditions requested: precautions to reduce possibility of harmful materials entering river must be followed; contact DEFA before works commence
DOI Highways Drainage (Chris Kershaw)
ObjectionWe cannot support the approval of this application in its current form
DOI Flood Management Division (Malcolm Cowin)
Conditional No Objectionit would be best to prevent flooding onto the site to install a threshold of at least 50mm rising to approximately 100mm or more
Conditions requested: install threshold of at least 50mm rising to 100mm+ at site entrance; connect two existing road gullies to east side ditch (check capacity/downstream)
DEFA Biodiversity (Sophie Costain, Ecosystem Policy Officer)
Conditional No Objectionrecommend that a condition is secured for a responsible on-site montbretia control plan; Ideally all gorse removal should take place outside of nesting season
Conditions requested: montbretia control plan submitted for approval prior to ground clearance works; vegetation removal outside bird nesting season (late Feb-late Aug/Sep); thorough checks required