**Document:** Officer Planning Report Recommendation **Application:** 11/00383/B — Extend existing driveway **Decision:** Permitted **Decision Date:** 2011-05-09 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/735-lonan-the-mariners-extension/documents/1245750 --- # Officer Planning Report Recommendation ## 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 PROPOSED DEVELOPMENT The application site comprises the curtilage of a residential dwelling located on the eastern side of the coast road in the South Cape area of Laxey. The proposed development comprises the extension of the existing driveway. #### Planning History The application site has been the subject of a number of previous planning applications, one of which is could be potentially considered material to the assessment of this current planning application: Planning application 08/01639/B sought planning approval for the demolition of an existing sun room and balcony and the erection of a kitchen extension to south elevation and balcony to east elevation. This previous planning application was approved on the 14th November 2008. #### 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 Department of Community, Culture and Leisure's Public Transport Division express an interest in the planning application. They make no comment on the merits or otherwise of the proposed development but highlight that adequate controls must be put in place whilst work is undertaken in the vicinity of an operational railway. The owners and/or occupants of Olinda, which is located directly opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal results in the loss of two mature Ash trees, that there is already sufficient on-site car parking and that the proposal would have an adverse visual impact from the Manx Electric Railway. They also suggest that the proposal could be potentially used for the parking of commercial vehicles and further undesirable development may follow. The owners and/or occupants of Ballabank, which is located south west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that there is already sufficient on-site car parking and that the proposal would result in the loss of views across the bay and public views of the sea. They are also concerned that planning approval may lead to further future development and that the number and type of vehicles should be controlled together with the length of time that they are parked. They further suggest that the erection of a garage, shed or other outbuilding on the site should be restricted under any planning approval. The owners and/or occupants of Tempest Cliff, which is located directly opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern that when previous planning approvals are taken into account the proposal represents an over intensive use of the site, that the proposal results in the loss of two mature trees and that planning approval may lead to further future development. ### Planning Policy 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 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." Paragraph 8.12.1 of the Isle of Man Strategic Plan 2007 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general." ### Assessment The planning application seeks planning approval for the extension of the existing driveway. The proposal requires the removal of two trees and infilling to form a level area. The existing entrance onto the highway is unaltered by the proposal. It is understood that the proposed development is designed to provide a turning facility for vehicles visiting the application site so that vehicles can exit onto the highway in a forward gear. The proposal is of clear benefit to highway safety. The value of improving highway safety and the quality of the trees to be felled is considered to outweigh their loss. The visual impact of the proposed development is relatively modest and any change in view from the Manx Electric Railway would not be substantially different to the existing view of general residential development. The effect of the proposed development on public views of the sea has been raised as concern. Whilst this is a valid material consideration under General Policy 2(e) of the Isle of Man Strategic Plan 2007 it is necessary to consider whether the proposed development would cause such level of adverse harm sufficient to warrant refusal of a planning application. In this instance any public view of the sea would not be significantly altered by the proposed development and it would be difficult to argue that such view was adversely affected. A number of concerns also relate to the use of the area for parking and possible future development on the overall site. In the first instance, as the type of vehicle that a person owns for their personal use is not subject to control through the planning system the number and type of private vehicle parked within a residential curtilage together with the length of time they are parked for is not a material planning consideration. As for possible future development it is not appropriate or reasonable to refuse or limit planning approval based on what further development may or may not occur on an application site. If future development is proposed and requires planning approval another planning application will be required and will be assessed in due course. It is 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: JAFF Laxey Village Commissioners; The Isle of Man Water and Sewerage Authority; The Department of Community, Culture and Leisure's Public Transport Division; The owners and/or occupants of Olinda; and The owners and/or occupants of Tempest Cliff. 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; and The owners and/or occupants of Ballabank. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 26.04.2011 ## 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 drawing no.s D423-PA-01 and D423-PA-02 date stamped the 21st March 2011. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : 3 May 2011 Signed : [Signature] 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/735-lonan-the-mariners-extension/documents/1245750*