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The application site comprises of no.s 27 and 29 New Road in Laxey.
The planning application comprises of the change of use of the building from shop and workshop store with residential flat over to office and stores with residential flat over.
Whilst the application site has been the subject of a number 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 have no objections to the planning application. The Department of Transport Highways Division have deferred comment pending the undertaking of a traffic assessment. The Isle of Man Fire and Rescue Service recommend that the applicant contact them to discuss the provision of appropriate fire precautions. The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice.
In terms of land use planning the application site is located within an area that is designated as mixed use (residential/retail/office) under the Laxey and Lonan Area Plan Order 2005. It is also located within a Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains four policies that are considered specifically material to the assessment of this current planning application:
"Within those areas in Laxey designated as mixed use, the following uses may be permitted where the Department can be persuaded that such a use will not be detrimental to adjacent land users and where such a use will not be detrimental to adjacent land users and where such a development may be satisfactorily serviced:
"Office use may be permitted in those areas designated for 'mixed use'. Office use may also be permitted within existing buildings throughout the study area outside areas of mixed use where it can be demonstrated that:
"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 the be altered and the surrounding area in general."
"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)."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
Business Policy 7:
"New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
The planning application seeks approval for the change of use of the building from shop and workshop store with residential flat over to office and stores with residential flat over.
In terms of the application the proposed change of use accords with the land use designation of the site and the various planning policies within the Laxey and Lonan Area Plan Order 2005. The applicant's agent has responded to the representation from the Department of Transport Highways Division by providing information setting out the available car parking within the area and general transport/access arrangements. It is considered that this response suitably addresses the issues raised by the Department of Transport Highways Division and demonstrates that car parking and access arrangements to serve the proposal are acceptable.
The proposal is considered to be acceptable and it is recommended that the planning application be approved.
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; and
The Department of Transport Highways Division.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Isle of Man Fire and Rescue Service; and The Isle of Man Water Authority.
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 21.01.2008 |
| Conditions and Notes for Approval / Reasons and Notes for Refusal | |
| C : Conditions for approval | |
| N : Notes attached to conditions | |
| R : Reasons for refusal | |
| O : Notes attached to refusals | |
| C 1. | The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. |
| C 2. | This approval relates to drawing no.s 01, 02, 03, 04 and 05 date stamped the 18th October 2007. |
| N 1. | The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures. |
| N 2. | The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply. |
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : 23.1.1.05
Signed : _________________________ M. I. McCauley Director of Planning and Building Control
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