Loading document...
Application No.: 17/00381/B Applicant: Serendipity Limited Proposal: Installation of 1.8m high inward opening close boarded timber gates to vehicular access Site Address: La Mona Lisa Restaurant Glen Road Laxey Isle Of Man IM4 7AB Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation
Officer’s Report THE APPLICATION SITE
1.1 The application site is the curtilage of the La Mona Lisa Restaurant, Glen Road, Laxey, which is a two-storey semi-detached property, located on a corner plot with the Glen Road located to the south and Minorca Hill to the north. The building has two storeys and sits along Glen Road and as it turns the corner onto Minorca Hill, it is single storey under a pitched, tiled roof. - 1.2 Customer access into the restaurant is off Minorca Hill with staff and vehicle access off Glen Road Laxey. Vehicle access to the rear of the premises measures 3.6m wide and allows access to serve both Laxey Laundrette to the west and the rear of the application site. Both properties are positioned around a central courtyard at a lower level than the highway. - 1.3 Opposite the application site is the Laxey River, there is a history of flooding in the area and it is understood properties along this lower section of Glen Road have been affected by this. The Manx Utilities Authoritys' Indicative flood map for Laxey 2014, identifies river, tidal and a combination of both, and the area is at risk. It is noted the application site itself is not highlighted at risk on the map but this does not preclude these properties being at risk of flooding which evidenced in December 2015, when following a spell of torrential rain and high tides, the river flooded to the extent it washed away the Bridge at the junction of Old Laxey Hill and Glen Road and damaged a number of properties along Glen Road. PROPOSAL
2.1 The application is for the installation of a set of gates across the vehicle entrance adjacent to the highway. The double gates would measure 3.6m across the existing entrance in a 50/50 split with each leaf measuring 1.8m. The gates will be hung from the restaurant building and to the adjacent pillar, opposite. These gates would be 1.8m high and made from solid timber frame with vertical timber sections in the middle. - 2.2 The gates would be set back 500mm from the edge of the footpath and would open in towards the site. - 2.3 The applicant notes "the gates will act as part of our flood defences and also be additional security for the rear of the licensed premises". PLANNING HISTORY
3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-
4.1 In terms of land use designation the application site is located within a wider area of land that is designated as 'Residential/Retail/ Offices/ Tourism in accordance with the Laxey and Lonan Area Plan Map No.1. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application.
General Policy 2 state: "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:
4.4 Environment Policy 35 also applies. It states that: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development". REPRESENTATIONS - 5.1 Garff Commissioners have commented (16.07.17) highlighting there could be concerns regarding highways safety but will leave that judgement to the Highways department.
5.2 Highways Services do not object (03/05/17). - 5.3 An objection has been received (24/04/17) from the agents, Ellis Brown, of the neighbouring property, Laxey Laundrette, who raised issue with the accuracy of the boundary demarcation line, access rights as contained within the deed plan and a right of access over the courtyard area. Further comment is relates to highways concerns and the operation of the gate and blocking the highways if manually opening and closing the gates. Also, with regard to flood defences gates are not adequate barriers as there are gaps underneath in the middle and at either end. Question is raised over there adequacy as a protective barrier across the opening. - 5.4 In relation to the above comments, further information was received which contained amended drawings and further information. On the amended drawings, further comment was received from Ellis Brown dated, 14/06/17 commenting on the sub-standard quality of the application details, namely the elevation drawing and the plan drawing, style of gate and the details therein and questions whether an assessment can be made on the level of information provided. And seeks to further reiterate the comments received on 24/04/17, namely;
5.5 General Access; the proposal would impede the operation of the business that operate using the yard and access rights over it. Also it would restrict access to the development that has recently received approval for the re-development of the Laundry site PA16/00805. - 5.6 Vehicular access / Highways entry; the gates would restrict the use of the site for the current business uses and increase the hazard on the highway when entering the site. When left open the left hand leaf would when viewed fro, the highway would obstruct vehicle movements within the site. - 5.7 Escape routes and safe evacuation of the building; no regard has been given to the safe egress from either building in the event of an emergency, if the gates are locked this could be detrimental to people using this escape route and should be consulted in conjunction with a fire brigade representative. - 5.8 Gate position and use; gates offer little to no flood protection and there is already an installed flood protection system in place and the gates are not necessary. - 5.9 Security concerns; as the gates would need to be left open for vehicular movements, in turn they offer no security. An offer to install additional camera has been suggested and the area is a low crime community. - 5.10 The applicants have submitted a rebuttal (16/06/17) confirming the above points raised by Ellis Brown are opinion not fact and are all non-material planning considerations.
ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.1 The installation of a set of gates with the existing entrance would help to screen the activity in the rear court yard and offer a degree of privacy to the area. From the streetscene perspective, timber gates are already featured as evidenced at no.1 Rosedene Cottage which has a timber sliding gate adjacent to the highway at 1.7m tall. The appearance of the timber wooden gates would be considered to be an appropriate size, scale and design relative to the scale and character of the surrounding properties and would be appropriate when read within the street scene and judged not to harm the streetscene or this part of the Laxey Conservation Area in terms of their visual impact. - 6.2 It is noted Highway Services have no objection to the proposal. Having visited the site, it was noted there is no parking restriction along this part of Glen Road. Any vehicle that has to pull into the site to open the gates would be somewhat protected by parked cars on either side of the entrance. It is considered that users of the entrance would not be placed at an unacceptable risk by having gates installed on the entrance. There is no indication that the works will adversely affect highway safety. - 6.3 The history of flooding in the area is noted and reasons why occupiers of properties in this area would seek to protect their properties against either aspect of flooding should the inevitable occur again. Whether the installation of gates acts as a suitable method of defence is subjective and additional protection measures, such as rubber seals around the edges of the gates, can be integrated into or onto the gates to ensure they offer a degree of water penetration protection. It is noted there is already provision of flood protection installed on the boundary edge of the highway to the application site and the proposed gates would be placed 500mm behind this. Any method or
5.9 and have been taken into consideration with regard to the effect of the installation of timber gates and their operation. However, the application is simply for the installation of timber gates. These would be seen to benefit not just the applicant but both parties in terms of offering additional security, flood protection and privacy to this rear courtyard and to the properties. The operation of such gates would be at the users' discretion whether they remain open or closed to allow access to both properties. - 6.5 The issue of any rights of way over land or details contained within Deeds are civil legal disputes that lie outside the scope of the planning application as land ownership is a civil matter and would hold no weight in the assessment of a planning application. Any determination under the Town and Country Planning Act 1999, can neither create nor detract from land ownerships, any right of way, or other civil legal rights and obligations as may exist between the parties.
6.6 With regard to the comments over emergency exits of the properties, these do not constitute material planning considerations and therefore hold no weight in the determination of this application. RECOMMENDATION - 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to drawings and supporting information submitted on the 30th May 2017.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 22.06.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
View as Markdown