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22/00080/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00080/B Applicant : Mr David Mather Proposal : Erection of an extension Site Address : 22 New Road Laxey Isle Of Man IM4 7BF
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.07.2022 __
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.
This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 7th January 2022: o Site Plan o Drawing No. 3 o Existing Layout pages 1 & 2 o Proposed Floor Plan o Proposed Layout pages 1 & 2 o Proposed External Works
This decision also relates to drawings no. existing groundworks, existing groundworks site levels and proposed groundworks site levels, dated the 7th July 2022.
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Interested Person Status - Additional Persons
DOI Highway Drainage have written in to raise comments regarding the site and should be afforded interested person status as they have raised material planning considerations as per Article 4(2) of the Department's Operational Policy on Interested Person Status (January 2020). __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of 22 New Road, Laxey which is a detached traditional cottage situated to the South of New Road, Laxey. The property has been extended by a two storey to the West elevation.
1.2 Due to the topography of the site which goes steeply from North East to South West, the property to the North West of the site, "Glen View," No.20 New Road is situated at a higher level than the application site.
THE PROPOSAL
2.1 The current planning application seeks approval for the erection of a single storey extension to first floor level measuring 4.4m by 4.24m with a height of approximately 3.7m. The proposal is to have a single long window situated in the South East elevation and folding doors to the North East.
2.2 The proposal is also to include the erection of retaining walls to the West of the property, removal of land to the existing car parking area and general works to make the car parking area useable.
2.3 No details have been provided with regards to the materials which are to be used apart from the folding doors which are to be oak.
PLANNING HISTORY
3.1 The previous Planning Applications are not relevant to the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East, Map 7 - Laxey. The property is situated within the Laxey Conservation Area but not a Flood Risk Zone.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, paragraph 7.29.2 and Environment Policy 35 are the most relevant to this assessment in which they set out stat development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3 Section 18(4) of the Town and Country Planning Act (1999) is relevant and states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
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4.4 Also of relevance is General Policy 2 sets out general 'Development Control' considerations, Community Policy 7 & 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.
REPRESENTATIONS
5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and state "No Highways Interest." (3.02.22, 15.05.22 & 13.07.22)
5.3 Garff Commissioners have considered the application and recommend Approval. (4.02.22)
5.4 MUA Drainage have written in, initially to state that they could not support the application (15.02.22) and then to remove their objection after receiving additional information (08/04/22)
5.5 DOI Drainage have considered the application and state that additional information with regards to the private drainage arrangements. (07.03.22)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4)
6.2.1 Prior to the assessment of this application it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2 The main part of the proposal is situated to the rear of the property, which due to the topography of the site and the surrounding area means that the proposed rear extension will be not seen from a general public vantage point. With regards to the general works to the front of the property, these are all works which would be acceptable in a residential setting.
6.3 As such the proposal is in keeping with the property and the surrounding area and as such preserves the Laxey Conservation Area.
6.5 CHARACTER AND APPEARANCE
6.5.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
6.5.2 In the case of this application as stated above the proposed extension will not be seen from a public vantage point and as such the impact on the surrounding area is minimal.
6.5.3 With regards to the works to the side garden and car parking area, the works proposed are to assist in this area being more used, and are works which would be seen within a residential environment, as such the impact upon the surrounding area is minimal.
6.6 NEIGHBOURING AMENITY
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6.6.1 With regards to neighbouring amenity, due to the topography of the site, which slopes steeply upwards to the South West, the garden is situated on several different levels. Where the proposed extension is to be situated is upon the first floor level of the property which is situated at a similar level to the first floor of No.20 New Road, who would be the most impacted by the works.
6.6.2 Overall there would be a minimal impact upon No.20 New Road due to the works proposed, the reasoning being that there is a large fence and mature fencing situated within the boundary line and also a large wooden structure situated upon No.20 New Road which creates a buffer between the properties.
6.7 HIGHWAYS/ DRAINAGE
6.7.1 With regards to the removal of the excavated material and the creation of a car parking area, it is noted that Highway Services have not objected to the proposal and as such it is deemed that the space is usable for car parking.
6.7.2 Turning towards the comments received from Highway Drainage, further drawings have been received which show the existing drainage on site, to which no further reply has been received from DOI Drainage. It is deemed in this respect that there are no issues.
6.8 OTHER MATTERS
6.8.1 The proposed works are an extension to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal whilst increasing the surface area of the dwelling, it is deemed that any water run-off will be dealt with as per the existing arrangement of the main dwelling. The proposed extension will not increase water usage of the dwelling and therefore there are no new issues in this respect.
CONCLUSION
7.1 The proposed infill extension is acceptable in terms of its form, mass and design by providing a suitable extension to an existing residential property and the proposed works to the side garden to facilitate a parking area complies with General Policy 2 and in turn the Residential Design Guidance 2021.
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 __
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: 28.07.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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