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22/00274/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00274/B Applicant : Mr & Mrs David and Caroline Kay Proposal : Revision to front parking area and location of access steps (retrospective). Site Address : Spindrift (formerly White Cottage) Pinfold Hill Laxey Isle Of Man IM4 7HN
Head of Development Management: Mr S Butler Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.04.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development approved under PA18/00182/B (as amended by 21/00201/MCH) shall not be occupied until the means of vehicular access and parking area as identified on drawing number P-10-52 have been constructed/completed in accordance with the approved plans, and shall thereafter be retained for access/parking purposes only.
Reason: In the interests of highway safety and off street parking provision.
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guide.
Plans/Drawings/Information;
Proposed Site Plan (Drawing No. P10-52) __
Interested Person Status - Additional Persons
None __
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22/00274/B Page 2 of 4
Officer’s Report
1.0 THE SITE 1.1 The application site until recent time comprised the curtilage of a semi-detached dwelling (White Cottage) which was located on the eastern side of Pinfold Hill in Lonan. The site is bounded by the attached dwelling (Venture) to the north, the MER line to the east, a detached dwelling (Iona) to the south and the A2 highway to the west. There is a drop in levels of around nine metres across the site from west to east. Changes in levels throughout the surrounding area also mean that the dwelling adjacent to the south (Iona) is set at a level above the application site. However, in recent times the original dwelling was demolished and the site cleared and construction of a replacement dwelling has taken place.
2.0 THE PROPOSAL 2.1 The proposed site plan shows:
2.2 The previously approved arrangements showed steps to the South with some areas of landscaping/shrubs to the Southern boundary.
There will be no change to the overall number of parking spaces (2), site levels or service and rainwater run off will be to existing
2.4 The form also indicates that the application is submitted to remove a breach of planning from previous application PA 18/00182/B with subsequent minor amendment application PA 21/00201/MCH (both approved) following a planning enforcement action (20/00060/Plans) which was closed out following a harm assessment (no harm determined), but with the advice to submit a retrospective application to remove the breach. This application is therefore submitted to remove the breach.
3.0 PLANNING POLICY 3.1 The site is designated as Predominantly Residential in the Area Plan for the East (2020). The site is not within a Conservation Area or area identified as being at risk of flooding.
3.2 Relevant Strategic Plan (2016) content is :
3.3 The Residential Design Guide (2021) contains guidance in relation to the design of works to residential properties.
4.0 PLANNING HISTORY 4.1 18/00182/B - Erection of a dwelling (amendments to PA 12/01690/B) - approved 14.06.2018. The report stated at 6.3,
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22/00274/B Page 3 of 4
"As for highway safety and car parking provision, in terms of parking provision the parking provision of the Isle of Man Strategic Plan 2016 generally seeks two spaces per dwelling, which has been provided on this site again. Highways Services have considered the parking provision and as well as the impact on the highway network and raised no objection. Accordingly, given these reason it is considered the proposal would be acceptable from these respects once again".
4.2 21/00201/MCH - Minor Changes application to PA 18/00182/B involving changes to windows, cladding and decking - Split Decision, the notice stating,
"NOTE The following works are considered to be acceptable under the Minor Change Application:
NOTE The removal of the front boundary wall resulting in a material change to a vehicular access contravening Part 3 21 (2)(c)(iv) of the Town and Country Planning (Development Procedure) Order 2019. The relocation of an external staircase serving upper ground floor (UGF) and lower ground floor (LGF) to the northern side of the dwelling results in a change to a car parking area referenced in Condition 4 of the parent approval and contravenes Part 3 21 (2)(c)(v) of the Town and Country Planning (Development Procedure) Order 2019. These elements are therefore refused".
4.3 It is noted that the refused elements were due to the scale of change and change of condition going beyond what could be approved under a minor change application.
5.0 REPRESENTATIONS 5.1 DOI Highways (24.03.22) - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the provision of an electric vehicle charging point.
6.0 ASSESSMENT 6.1 The main issues to consider are:
6.2 The proposal would still meet parking standards and, noting the comments from DOI Highways there are no concerns in terms of highway safety. It is not considered that the proposals will have an unacceptable impact in the street scene or neighbouring amenity. If anything, the proposals would appear to be an improvement for the occupiers of Venture as maintenance access would more easily be gained and privacy may be increased.
7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan and the Residential Design Guide.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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(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: 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 the Director of Planning and Building Control 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 : 13.04.2022
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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