15 August 2008 · Planning Committee
St Nicholas Field, Breeze Hill, Laxey, Isle Of Man, IM4 7dl
The proposal involves demolishing an existing cottage in poor repair and replacing it with a new family dwelling on the same site in Laxey, within an area designated as predominantly residential under the Laxey and Lonan Area Plan but also overlapping high landscape value, scenic significance, and ecological interest a…
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The officer assessed the principle of a replacement dwelling as acceptable because the majority of the site (defined by amended red line drawing K110/P/10-02 rev.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential development in designated residential areas. Officer assessed majority site within 'predominantly residential' designation; limited hardstanding etc. outside acceptable for replacement; curtilage not excessive.
Policy L/OSNC/PR/1
Presumes against open space development. Smaller site area in private woodland/parkland but limited to hardstanding/solar/drainage; overall redevelopment of existing residential site acceptable without adverse impact.
Ecological interest policy
Protects ecological interest. Redevelopment of existing site would not adversely affect wider area; tree/hardstanding discussions resolved.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
Protects trees. Discussions clarified proposed hardstanding/trees satisfactorily; no unresolved conflict.
General Policy 2
Requires development respecting site/surroundings, landscape, amenity, access, etc. Proposal complies via residential zoning, acceptable design/scale, no adverse impacts, prior access implemented.
General Policy 3
Permits exceptions to zoning including replacement of existing rural dwellings. Site has existing dwelling; qualifies as replacement.
Environment Policy 2
Protects AHLV/Scenic Significance unless no harm/essential. Existing dwelling present; residential elsewhere in designation; no unreasonable opposition grounds.
Environment Policy 4
Protects habitats/species. No specific adverse effects identified in ecological interest area.
Housing Policy 6
Residential zoned land per area plan brief or GP2 criteria. No design brief; assessed compliant with GP2.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s K110/P/10-01 and K110/P/10-03 date stamped the 27th February 2008 and drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008.
Driveway construction
Prior to the occupation of the dwelling the driveway permitted under previous planning application 05/02096/REM must be set out and constructed in accordance with that previous planning approval.
Residential curtilage
The residential curtilage is hereby defined as the red line defined on drawing no. K110/P/10-02 rev. A date stamped the 12th June 2008.
Supports as existing cottage beyond repair; proposed modest/sympathetic scale/mass to plot/local properties; addresses prior concerns; family intends single home/woodland conservation via trust
No objections to amended plans
Do not oppose subject to visibility splays and 3 off-street parking spaces
No objection subject to sewer connection/no surface water to foul
Note on smoke detection recommended
Multiple public representations include objections citing landscape harm, historic building loss, and policy non-compliance, countered by one support letter; statutory consultees Drainage Division and Highways Division raised no objection with conditions, while Laxey Village Comm…
Key concern: Demolition of unique historic vernacular cottage and significant harm to AHLVSS/countryside from oversized replacement
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer's expense.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; Percolation tests are to be conducted to support the applicant's proposal for soakaway; if tests fail, contact Drainage Division for alternative disposal.; Applicant to supply copy of any Building Control Application in relation to surface water discharge.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Visibility splays of 2 metres by 18 metres are required.; This development must provide 3 off street parking spaces.
Laxey Village Commissioners
No ObjectionThe Commissioners considered the amended plans at their meeting last evening and have no objections to the proposals contained therein.
Patricia S. Newton
Objection"the substantial three storey building would be a significant intrusion into the countryside"; "Housing Policy 14 sets criteria of size and location on the existing footprint which are not met by this proposal"
Patricia S. Newton
Objectionthe development would irrevocably alter what is a tranquil wooded, rural setting to a sea of urban hard landscaping
D J and Mrs J M Trace
ObjectionThe proposed replacement represents a significant increase on the size of the existing building.
Andrew Jessopp
No CommentENVP42 encourages the retention of existing dwellings rather than replacement and no real reason has been propounded why a replacement should be allowed.
Richard Henthorn
SupportI would like to place on record my support for the proposed replacement dwelling.
The original application (07/00773/B) for a large replacement dwelling (over 500m² floor area) on a site straddling residential and woodland designations in Laxey was granted permission by the Planning Authority despite policy conflicts. The Laxey Village Commissioners appealed, arguing overdevelopment, urbanisation of woodland, and risks to landscape, trees, and archaeological setting. The applicant defended the proposal as a necessary replacement within the site's residential zone, with tree replacement and conservation credentials. The inspector found the site to be countryside within an AHLV, with the proposal conflicting with multiple Local Plan and Strategic Plan policies on residential zoning, woodland protection, landscape character, and replacement dwelling criteria due to excessive scale, massing, and relocation from the existing footprint. The inspector concluded the harm to countryside, woodland, and landscape outweighed other considerations, recommending the appeal be allowed to refuse permission on 01 January 2008.
Precedent Value
This appeal sets precedent that sites with split designations in local plans, especially AHLV/woodland, are treated as countryside requiring strict replacement dwelling compliance; authorities cannot reinterpret boundaries, and landscape protection trumps mitigation or need. Future applicants must propose within existing footprints and avoid extending curtilage into protected open space.
Inspector: David Ward
