Loading document...
THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises the curtilage of a dwelling that is located on Shore Road in Laxey. The proposed development comprises of the erection of a conservatory onto the side of the dwelling to the rear. PLANNING HISTORY
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Laxey Village Commissioners initially objected to the planning application on the grounds of impact on neighbouring privacy. However, following the receipt of amended plans they advised that they had no objection to the planning application.
The Department of Transport Highways Division do not oppose the planning application.
The Department of Transport Drainage Division do not oppose the planning application subject to condition.
The owner and/or occupant of Oirr Ushtey, which neighbours the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding overlooking from the conservatory and subsequent loss of privacy. They suggest that if approved the conservatory should have appropriate obscured glazing.
The application site is located within a Conservation Area.
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
In terms of local plan policy, the application site is within an area recognised 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 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."
The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
Given that the proposed conservatory is domestic in scale and form it does not unduly impact on the character of either surrounding residential area or setting of the Conservation Area. Indeed, it is concluded that the only significant issue to assess is the impact of the proposed conservatory on the private residential amenity of the neighbouring properties, specifically Oirr Ushtey. The occupant of that neighbouring property has highlighted that the boundary hedge may be removed in the near future and that this would lead to clear overlooking of their property. Subsequent correspondence from the applicant has indicated that they have agreed to install obscured glazing within the proposed conservatory. This would be an appropriate condition of any approval as it would suitably limit the impact of the conservatory and its use on the neighbouring property.
It is recommended that the planning application be approved subject to a condition requiring the installation of obscured glazing in the windows within the side elevation of the conservatory.
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:
Laxey Village Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; and The owner and/or occupant of Oirr Ushtey.
Recommended Decision: Permitted Date of Recommendation: 02.10.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the location plan date stamped the 30th July 2007, the site and elevation drawings date stamped the 5th June 2007 and conservatory specification date stamped the 5th June 2007.
C 3. There must be no discharge of surface water to the main foul sewer.
C 4. The glass in side (eastern) elevation of the conservatory must be glazed and maintained thereafter using frosted glass. The level of obscuration used must be no less than level 5 as detailed on the Pilkington's textured glass range or equivalent.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 9/10/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
View as Markdown