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21/01253/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01253/B Applicant : Mr & Mrs J Millar Proposal : Alterations, erection of extension and creation of raised parking and vehicular access Site Address : The Mariners South Cape Laxey Isle Of Man IM4 7JB
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.07.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
C 2. The access, car parking and visibility splays hereby approved must be carried out in full accordance with drawing number 03 Rev B and maintained free and available for the parking of vehicles thereafter.
Reason: in the interest of visual amenity and highway safety.
N 1. The applicant/land owner is to be reminded of their obligations under the Wildlife Act 1990 to ensure no harm to the protected species (Dark Bush Crickets) and that in any removal of vegetation the suggested DEFA Ecosystems methodology be implemented and that consideration be given to having a permanent wood pile within the site to support the cricket habitat.
This application has been recommended for approval for the following reason. On balance the application is considered to comply with General Policy 2 (b, c, g, h and i) of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
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This approval relates to the following:
o Drawing number 01
o Drawing numbers 02 Rev A and 03 Rev B o Covering Letter o Copy of an email dated 05/01/2022 o A topographical survey o 2 x site photographs
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the residential curtilage of Mariners, South Cape, Laxey a detached bungalow sitting on a steep slope between Laxey New Road and Old Laxey Hill.
1.2 The house has an existing driveway off New Road and a steep driveway down to a garage beyond which sits the house.
1.3 Attached to the side gable of the house is an existing flat roof conservatory.
1.4 There is an existing area of raised terracing along the principle elevation of the house and facing over the bay.
THE PROPOSAL 2.1 Proposed is the creation of a raised parking area alongside the house and direct from New Road. This parking area is to measure 6.475m x 6m and is to be enclosed by a mix of masonry walling and railings. A separate pedestrian access and stairs to one side will provide access down to the house. The void beneath the parking area will be accessed from within the garden via two garage doors.
2.2 Also proposed is the replacement and extension of the raised terracing and the removal of the conservatory and its replacement with a single storey pitched roof extension to measure approx. 5m x 3.6m, and with eaves matching the main house and a central ridge approx. 1m below the main house.
PLANNING HISTORY 3.1 There have been two previous applications considered to be materially relevant; 11/00383/B approved for extensions to the existing driveway, and 15/00993/B approved at appeal for demolition of existing house and replacement with three new dwellings.
PLANNING POLICY 4.1 The site is designated as 'Predominantly Residential' on the Area Plan for the East. The site is not within a Conservation Area and not recognised as being at any flood risk on recent maps. In assessing the application consideration shall be given to the general standards set
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out in General Policy 2 specifically visual impacts, neighbour amenity and highway safety. Consideration also to the Residential Design Guide 2021 and Community Policies 7 and 11 in respect of fire spread and community safety and Infrastructure Policy 5 in promoting water conservation.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Garff Commissioners - comments (23/11/2021) - the proposals would improve the form of the building, however, question the proposed highway entrance and adequacy of parking provision.
5.2 Department of Infrastructure Highway Services - initial comments confirmed parking area and its visibility splays was suffice for off road parking of two vehicles (03/12/2021). But the proposal would create an additional access to the dwelling which goes against their policy for a single dwelling having more than one without significant case for retaining or creating another. It was also indicated that the suggested use of bollards would be difficult to control and the 'dangerous access' would remain open and in use and that it should be closed off and the boundary re-instated.
5.2.1 A draft drawing showing the access being reduced to a pedestrian gate was provided by the agent and it was agreed that the site and proposal was not straightforward, particularly in this case where there is risk in retaining an existing access which is indicated to be of perceived danger, and thus for this reason and being a second access should be seeking its closure. Yet, highways cannot reasonably restrict access unless there is a very strong safety reason. The proposal is likely to provide a betterment and more frequent use, and so gating the access may restrict its use to loading and unloading off the highway, but question is raised about its control. On balance DOI are unlikely to oppose with caveats.
5.3 Department of Infrastructure Drainage - Satisfied with surface water drainage details now provided (03/03/2022)
5.4 DEFA Ecosystems Policy Officer - Comments (26/11/2021) there are records of Dark Bush Crickets at this site. Looking at submitted details it doesn't appear to be much vegetation removal but applicant to be reminded that this cricket is a protected species and impact on them could be an offence under the Wildlife Act 1990. A preferred methodology for any vegetation removal is provided and sought that a permanent woodpile is provided.
5.5 No comments received from neighbouring properties.
ASSESSMENT 6.1 The current application comprises three key parts, the extension and terracing works to the main house and the creation of the new car parking area. The key matters to consider being the visual impacts, amenity impacts and highway safety.
Extension and Terracing 6.2 Both works seek to replace existing conservatory and terracing and their size, scale, design and siting are both considered to be acceptable and not to result in any unacceptable visual impacts on the main house, nor to result in any significant adverse or harmful amenity or overlooking impacts on the neighbours, particularly minded of the established stepped nature of the properties in this location. The proposals in this respect are considered to be acceptable.
Car Parking
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6.3 The issue that we have in this case is that the applicant has indicated that the existing driveway is unsafe, and so they wish to have a more user friendly parking area with a level access from the main road and situated closer to the house.
6.2 DOI Highway Services have agreed that the design of the proposed car port is compliant from a highway safety perspective having suitable space for two cars and suitable visibility in both directions. From a visual perspective, it is noted that there are similar level car parking and driveway areas further along the road and that the new car port in this instance would perhaps not be so out of keeping as to detract from the overall character of the area.
6.3 The concerns that have been raised however are that recent guidance from DOI Manual for Manx Roads seeks to avoid the creation of second accesses to properties and so the proposal would go against this. Equally, the applicant has indicated that the existing access is unsafe and so it would be somewhat contradictory of highways to support and proposal to keep this access.
6.4 The applicant has engaged with the Planning Officer and with Highways and has sought to provide either a gate for the access or its closing up to only a pedestrian access. However, the situation at the site is that complete closing up would restrict access to the applicants existing garage, it would also reduce the potential for additional off road parking at the site. New Road is a busy main route and so reducing on street demand would be sensible here. So while gating or re-instating the access may eradicate the safety issues, if this application was not forthcoming the existing driveway would continue to be used as it is now, and so on balance and from a real-world point of view it would seem illogical and somewhat obstructive to require that the existing access be closed up or gated (the latter requiring awkward opening and increased car waiting times on the road).
CONCLUSION 7.1 The proposed extension and terracing works are considered to be acceptable and in accordance with General Policy 2 (b, c, g), and on a fine balance the proposed car port works are considered to have an acceptable visual and highway safety impact in accordance with General Policy 2 (b, c, g, h and i). It is also not considered that there will be any increased or new safety highway safety issues as a result of the existing access being retained at this site in this specific instance.
7.2 DEFA Ecosystems have not objected to the proposal nor recommended any specific conditions, however a note will be added to remind the applicant of their obligations under the Wildlife Act 1990 to ensure protection of the protected species, and that consideration be given to creating a woodpile on the site to encourage any potential crickets.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 29.07.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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