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The application site comprises the curtilage of a detached dwelling that is located in the Fairy Cottage area of Laxey.
The proposed development comprises of the alteration and extension of the dwelling contained within the application site.
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
Laxey Village Commissioners recommend that the planning application be refused on the grounds they consider the proposal to represent an inappropriately large extension to the existing dwelling and an over intensive development of the application site.
The Department of Transport Highways Division do not oppose the planning application.
The Department of Agriculture, Fisheries and Forestry's Inland Fisheries Division suggest that development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed. In the event of approval they recommend that measures must be in place during construction works to safeguard the watercourse from run-off and sedimentation.
The Department of Agriculture, Fisheries and Forestry's Wildlife & Conservation Division recommend that advice is sought from the Inland Fisheries Division.
The owner and/or occupant of Fernlea, which is located north of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the scale of proposed development will result in a loss of outlook from their property.
The owner and/or occupant of Shearwater, which is located north of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is out of keeping with the character of the area and that it will result in a loss of outlook from their property.
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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered material to the assessment of this current planning application. General Policy 2 states:
"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:
The planning application seeks approval for the alteration and extension of the existing dwelling contained within the application site.
In terms of principle it is relevant to have regard to the predominantly residential land use designation of the application site under the Laxey and Lonan Area Plan Order 2005. Given this designation it is concluded that there are no planning policy reasons that prevent or limit the alteration and extension of the dwelling. The size and design of the alteration and extension is not constrained in the same manner that dwellings within the countryside are. Rather, the purpose of the planning application to assess the impact of the proposed development on the surrounding area, which in this instance is against policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007.
Although it is considered reasonable to say that the proposed alterations and extensions are significant the application site is of sufficient size to accommodate the proposal without undue harm. By reason of the changes in levels throughout the surrounding area and the distance from neighbouring properties the proposed alterations and extensions will not cause unacceptable harm to private residential amenity. The negative or positive effect of development on the view from a private property is not a material planning consideration and therefore cannot be taken into account during the assessment of the planning application. As part of the proposed extension the proposal contains ancillary guest accommodation above the garage and linked to the main part of the dwelling. Given the size of the application site, the changes in level throughout the surrounding area and the distance from the neighbouring properties the provision of this additional accommodation would not cause unacceptable harm. The use of the proposed development as ancillary accommodation can be controlled by condition.
In terms of impact on public amenity, the location of the application site and the access arrangements to it mean that the application site is relatively well hidden from general public view. Additionally, the surrounding area contains a variety of dwellings of different scales, forms and designs. As such the impact of the proposed development on public amenity is acceptable.
With reference to the representations from the Department of Agriculture, Fisheries and Forestry it can be seen that part of the proposed development is located within eight metres of a watercourse. Given the nature of this watercourse it is concluded that the proposed extension will not be compromised by its proximity. There are no material planning considerations why the proposed development cannot be constructed within eight metres of the watercourse. However, any planning approval should emphasis the need to put measures in place during construction works to safeguard the watercourse from run-off and sedimentation.
Overall, the proposed development accords with the relevant land use designation and does not cause undue harm to public or private amenity. Accordingly, the proposed development accords with policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 of the Isle of Man Strategic Plan 2007. 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; The Department of Transport Highways Division; The Department of Agriculture, Fisheries and Forestry's Inland Fisheries Division; The Department of Agriculture, Fisheries and Forestry's Wildlife & Conservation Division; The owner and/or occupant of Fernlea; and The owner and/or occupant of Shearwater.
Recommended Decision: Permitted Date of Recommendation: 04.11.2008
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 drawing no.s SH/AJ/SP1, LDG/AJH FP1 and LDG/AJH EL1 date stamped the 23rd September 2008.
C 3. The accommodation created by this approval must only be used as accommodation ancillary to that of the existing dwelling. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling.
N 1. Given the proximity of the proposed development to the adjacent watercourse the applicant is strongly advised to ensure that measures are put in place during construction works to safeguard the watercourse from run-off and sedimentation. Further advice in this respect can be sought from the Department of Agriculture, Fisheries and Forestry's Inland Fisheries Division.
Decision Made : APPROVED Committee Meeting Date : 13/11/08
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