Officer Planning Report

Planning Report And Recommendations {{table:200694}} ### Considerations {{table:200692}} ### Written Representations ### Consultations {{table:200693}}

Officer's Report

The Application Site

The application site is the residential curtilage of Palma, Old Laxey Hill, Laxey, which is a two storey, detached property, located on the northern side of Old Laxey Hill.

Planning Policy

The application site is within an area of ‘residential use’ under the Isle of Man Planning Scheme (Laxey and Lonan Area Plan) Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is within a Conservation Area.

• Laxey and Lonan Area Plan
• The Isle of Man Strategic Plan (20th June 2007)

Planning History

There previous planning application is considered relevant in the assessment and determination of this application:-

Replacement windows and installation of a patio door - 07/00733/B - APPROVED

Proposal

The application seeks approval for the installation of replacement windows. The existing top-opening casement uPVC windows are proposed to be replaced with a mixture of uPVC windows side opening casement windows (2 & 3 on photograph) and with uPVC windows (1 on photograph).

Representations

Laxey Commissioners:-

"Further to a meeting of Laxey Village Commissioners on Wednesday 19th November 2008, I am directed to inform you that the Board were unable to make an informed decision about the proposals, due to lack of detail with regard to the method with which the rear windows will open, hence they recommend refusal of the above planning application."

The Authority has received no privately written representations objecting to the application.

Assessment

Due to the zoning and proposed use of the site the following planning policies are relevant:-

General

Policy 2: "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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

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)."

The proposals are very minor alterations to the existing uPVC windows. The proposals would have no adverse visual impact upon the property or upon the Conservation Area. Additionally, it is considered the proposals would be in keeping with the existing property. The Laxey Commissioners have concerns relating to the details of the submitted information. However, it is considered the information is adequate to determine the application.

Overall, it is considered the proposal would be acceptable for the reasons given previously within this report. Accordingly, the proposal would be appropriate in this location and therefore the application is recommended for an approval

Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: The Department of Transport Highways Division Laxey Commissioners

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 25.11.2008

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

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 installation of replacement windows as proposed in the submitted documents and drawings 1961/1 and 1961/2 all received on 16th October 2008.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Permitted Date : 26/11/08

Signed: LSB Acting Senior Planning Officer

25 November 2008

Signed: LSB Acting Senior Planning Officer

25 November 2008