**Document:** Planning Officer Report **Application:** 10/00483/REM — Reserved Matters application for the erection of a detached dwelling with integral garage **Decision:** Permitted **Decision Date:** 2010-06-29 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36292-lonan-land-at-thie-garage-dwelling/documents/1179698 --- # Planning Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Application Site And Planning Application The application site comprises a parcel of land that currently forms part of the garden of a property known as Thie Gretch, which is located on the western side of Ballaragh Road in Laxey. The planning application seeks approval of the reserved matters for the erection of a detached dwelling with integral garage. Planning approval in principle for a dwelling was granted through previous planning application 09/00792/A. #### Planning History The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application: Planning application 09/00792/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was approved on the 12th October 2009, subject to the following conditions: 1. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission. 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced. 3. This approval relates to site defined by the red line on drawing no. TG/01 date stamped the 1st May 2009. 4. Prior to the submission of any subsequent reserved matters planning application an archaeological survey of the application site must be undertaken. The results of such survey must be included within the reserved matters planning application and any findings taken into account as part of the design and layout of the proposed development. 5. Any subsequent reserved matters planning application must include a detailed tree survey that identifies trees that are to be removed as part of the proposed development and includes measures for protecting trees to be retained within the application site. 6. Any subsequent reserved matters planning application must include vehicular access arrangements with minimum visibility splays of 2 metres metres. Nothing within the visibility splays shall exceed 1.1 metres in height. 7. Any reserved matters planning application must include turning facility to allow a vehicle to enter and exit the application site in a forward gear. 8. Any reserved matters planning application must include provision for a minimum of two on-site car parking spaces. 9. In the interests of the protection of aquatic and bankside habitats and species no built development shall occur within 8 metres of the adjacent watercourse. ## Representations Laxey Village Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division do not oppose the planning application. The Isle of Man Water and Sewerage Authority do not oppose the planning application. The owners of Thie Gretch express an interest in the planning application. ### Planning Policy In terms of local plan policy, the application site is part within a wider area of land designated as being predominantly residential use and part within a wider area of land designated as being open space (private woodland or parkland) under the Laxey and Lonan Area Plan Order 2005. The plan contains four policies that are considered specifically material to the assessment of the planning application. 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." Policy L/CRB/PR/1 states: "No development will be approved where this adversely affects either a feature of archaeological importance or the setting of such a feature. Manx National Heritage must be consulted prior to the formulation of any development proposals near to sites of such importance: in particular in the case of development areas 5, 13 and 19." Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes." Policy L/OSNC/PR/6 states: "With the exception of the felling of trees planted for commercial purposes, there will be a general presumption against the removal of tress within the study area including instances where this is proposed in order to facilitate development." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains six policies that are considered specifically 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: - (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." Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity of conservation value." Environment Policy 40 states: "Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof." Environment Policy 41 states: "The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer." Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." ## ASSESSMENT The planning application seeks planning approval of the reserved matters for the erection of a detached dwelling with integral garage. The planning application comprises of the relevant location, site and elevation drawings together with tree survey, geophysical survey, archaeological survey and 3D images. Existing ground levels and finished floor levels have been clarified by the submission of a topographical drawing (BAL23A). As stated earlier in this report, planning approval in principle for a dwelling was granted through previous planning application 09/00792/A. Given that the principle of development is established the primary means of assessing the specifics of what is proposed is against the conditions imposed on the approval in principle. In terms of this the following can be concluded: - The first three conditions attached to the approval in principle are standard conditions and are met by the submission of this reserved matters application within the specified time scale and in accordance with the defined site; - The planning application includes an archaeological survey that was undertaken by the Centre for Manx Studies on behalf of the applicant. This study investigated areas of potential interest and concluded that the site contains no significant archaeological interest. The undertaken and submission of this survey accords with the requirements of condition no. 4 of the approval in principle; - The planning application includes a tree survey and landscaping report that suitably identifies the existing trees and sets out measures for their protection. As such, the planning application accords with the requirements of condition no. 5 of the approval in principle; - In terms of vehicular access, manoeuvring and car parking the design and layout of the proposed development satisfies the requirements of condition no.s 6,7 and 8 of the approval in principle. This is supported by the representation from the Department of Infrastructure Highways Division; and - As regard condition no. 9 of the approval in principle it can be seen that the proposed development has been sited so as not be within 8 metres of the adjacent watercourse. As such, the planning application accords with the requirements of condition no. 9 of the approval in principle. On the basis of the above it is concluded that the submitted planning application accords with the conditions imposed on the approval in principle. It still remains necessary to examine the site specific issues relevant to the proposed development, which can generally be categorised as relating to public amenity, private amenity or highway safety. In terms of impact on public amenity the proposed dwelling is sited relatively centrally and does not unduly affect trees contained within the application site. Those trees, which are a mixture of different types, provide significant screening of the proposed development and it is considered likely that the dwelling, which is unashamedly modern in design, will not be readily visible from outside of the application site. Irrespective of its visibility it is considered pertinent to note that there are no planning policies that prohibit such design in this location. Overall, it is concluded that the proposed development has an acceptable impact on public amenity. As regards impact on private amenity the only property visible to the proposed dwelling is Thie Gretch, which is the property originally granted approval in principle for the residential development now proposed. Due to the distance from existing dwelling to proposed dwelling and the design and layout of the proposed dwelling, which prevents overlooking, the impact on the existing residential property is limited. Additionally, it should be noted that the owners of Thie Gretch have already planted additional boundary planting and more could be planted without needing planning approval if subsequently considered necessary. It is considered that the proposed development has an acceptable impact on private amenity. In respect of impact on highway safety the proposed development meets the requirements set out within the approval in principle for visibility splays, on-site parking and on-site manoeuvring. As such, it has to be concluded that the proposed development has an acceptable impact on highway safety. This stance is supported by the representation from the Department of Infrastructure Highways Division. Overall, taking the above into account it is concluded that the proposed development accords with the approval in principle and has an acceptable impact on public amenity, private amenity and highway safety. It is therefore recommended that the planning application be approved. ## Party Status It is considered that the following parties that made representations to the planning application should be afforded interested party status: Laxey Village Commissioners; The Isle of Man Water and Sewerage Authority; and The owners of Thie Gretch. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: The Department of Infrastructure Highways Division (within the same department as the Planning Authority). ## Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 24.06.2010 ### Conditions and Notes for Approval / Reasons and Notes for Refusal - C : Conditions for approval - N : Notes attached to conditions - R : Reasons for refusal - O : 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 drawing no.s BAL01A, BAL02A, BAL03A, BAL04A, BAL05A, BAL06A, BAL07A, BAL08A, BAL09A and BAL10A date stamped the 6th April 2010 and drawing no. BAL23A date stamped the 21st June 2010. #### C 3. The glass in the three first-floor windows on the rear (north) elevation of the dwelling must be glazed and maintained thereafter using frosted glass. The level of obscuration used must be no less than level 5 as detailed on the Pilkington's textured glass range or equivalent. #### C 4. Prior to the occupation of the dwelling the visibility splays must be set out in accordance with drawing no. BAL03A date stamped the 6th April 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made:** Permitted **Date:** ................................................................................................................................................................. 78 June 2010 **Signed:** ................................................................................................................................................................. Senior Planning Officer --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/36292-lonan-land-at-thie-garage-dwelling/documents/1179698*