Chris's Cottage Old Laxey Hill Laxey Isle Of Man IM4 7BS
Officer's Report
Introduction
This application seeks permission to construct a replacement dwelling on a site located within Laxey.
The Site
The application site is the curtilage of an existing dwelling known as Chris's Cottage, Old Laxey Hill, Laxey. The existing dwelling is detached and is single storey. The site is long and narrow and benefits from panoramic views towards the sea.
This section of Old Laxey Hill is characterised by detached dwellings on one side and a grassed bank on the other. The Manx Electric Railway runs to the immediate north of the road. To the north east is a property known as Sea House which is a smaller single storey dwelling which has an almost flat roof design. This has a glazed conservatory to its rear elevation. Beyond this property is a further property known as Ballacurrie. This has a much steeper roof pitch and accommodation within the dormer space. The site and the surrounding area can be viewed from the other side of Laxey valley as demonstrated by the submitted photographs and montages.
The Proposal
This application seeks approval for the replacement of the existing dwelling with a two storey dwelling. The main ridge of the proposed building would run parallel with the road. The front and rear elevations of the building would have a two storey projecting gable. The front elevation would have a large proportion of glazing and a number of balconies at first floor level. External finishes would be slate for the roofs, a mixture of smooth render and Manx stone cladding for the walls and uPVC for the windows.
Two off street parking spaces would be provided to the south western end of the site. The outside area associated with the property would be relatively small although similar to that which serves the existing property. The proposed balcony areas could add to the outside amenity provided for the building.
Development Plan Policies
The application site is located within an area that is designated as being Predominantly Residential Use by the Laxey and Lonan Area Plan Order 2005. The site is not within a Conservation Area.
Case Officer:
Mr Steve Stanley
Photo Taken:
02.08.2012
Site Visit:
02.08.2012
Expected Decision Level:
Officer Delegation
Within the Isle of Man Strategic Plan, the following are judged to be relevant:
Strategic Policy 5:
"New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
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."
Environment Policy 42:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
PLANNING HISTORY
The following previous planning application is considered relevant to the determination of this proposal:
98/01215/B - Erection of a replacement dwelling with parking bay. Refused on Review.
06/01159/B - Extension to dwelling and creation of parking bay and access onto highway. Permitted.
08/01594/B - Extensions to dwelling and creation of parking bay (comprising amendments to 06/01159/B). Permitted. This is an extant approval which will expire 22nd October 2012. The
approved extension would introduce a conservatory to the end of the property which faces Sea House.
Representations
The Highways Division of the Department of Infrastructure does not oppose this application.
Laxey Village Commissioners recommend that this application be approved.
The Isle of Man Water and Sewerage Authority has assessed the application and does not object to this application.
The applicant's agent has submitted a letter of support from the owner/occupier of Sea House, Old Laxey Hill, Laxey. This sets out that having viewed the proposed plans and having discussed the proposal with the applicant, they are content with the application.
Assessment
The key issues to be assessed in the determination of this application are the impact of the proposed development upon the character and appearance of the surrounding area and the impact of the proposal upon the amenity of adjacent properties.
The existing dwelling is of a modest size and proportions. It is not judged to have any particular architectural, social or historic merit which would suggest that it should be retained. The site is not within a Conservation Area and accordingly it is judged that the principle of its demolition and replacement is acceptable.
The surrounding area displays a variety of house types of different ages and styles which adds to the character of the area. The proposed dwelling would be taller than the existing and of a more modern design. Notwithstanding this, it would be finished with traditional and high quality materials and its general form would not appear incongruous within its setting. The slope of Old Laxey Hill means that each house tends to be set below its neighbour although the relationship between Sea House and Ballacurrie is an exception to this due to the height of the latter. This does not however cause harm to the general appearance of the street scene. It is judged that the increase in height of the dwelling proposed compared to the existing would not unduly harm the character and appearance of the area. The photomontages show that the relationship of the dwelling with its neighbours would be such that it would not appear out of keeping or overly prominent.
Turning to effects upon residential amenity, the property most likely to be impacted is Sea House due to its proximity to the proposal site. In assessing the acceptability of the proposal in this regard, some weight should be attached to the extant approval for extensions to the existing property on the site. This approval allowed for a conservatory to be constructed close to the boundary with a glazed side elevation, the result of which would have been an increased level of mutual overlooking between Chris's Cottage and Sea House. It is also notable that the conservatory to the rear of Sea House also has a glazed elevation facing towards Chris's Cottage. Accordingly, it would seem that an existing level of overlooking forms part of the current residential amenity of Sea House.
The proposed dwelling would have a balcony towards the end of the site nearest to Sea House. This would have a planter along the end elevation which could if plants were cultivated to a reasonably tall height provide some screening between the properties. The applicant's agent has set out in a supporting statement that:
"The elevation of the terrace means that any views towards Sea House are entirely indirect, as when standing on the terrace, one's eye level is some 3 meters above the top of Sea House's rear windows (assuming a person of approx 1600 mm -1700mm in height).
Finally we have also limited the useable area of the terrace with a guardrail and built-in planter, thereby ensuring that a person using the terrace is never closer to the edge of Sea House than they would have been when using the conservatory proposed in the "on hold" extension."
A drawing showing a low screen has been submitted which attempts to demonstrate that overlooking from the balcony towards Seafield House will not occur to an unacceptable extent. A letter from the owner/occupier of Sea House has been sent to the applicant's agent and this has been included with this drawing. The letter sets out that they do not object to the development.
It is judged that having regard to the design of the proposed terrace, the inclusion of a low screen and the impacts that could arise from the approved development, that the application is acceptable. It is concluded that in balancing the various planning policies listed above, the existing relationship between Chris's Cottage and Sea House and the variety of house types in the area, this proposal is acceptable.
RECOMMENDATION
Permit.
PARTY STATUS
The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
It is recommended that the following be afforded Interested Party Status as they are immediately adjacent to the site:
The owner/occupier of Sea House, Old Laxey Hill, Laxey.
Accordingly the following parties are not recommended to be granted Interested Party Status:
The Isle of Man Water and Sewerage Authority
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 24.10.2012 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 erection of a replacement dwelling, Chris's Cottage, Old Laxey Hill, Laxey as shown by 01, 02, 03, 04, 05, 06 and 07 all received 29th June 2012 and SK 1 received 22nd October 2012.
C 3. Prior to the occupation of the approved dwelling, the screen shown by drawing SK1 must be installed along the full width of the side of the balcony which faces towards the adjacent property Sea House. The screen must be retained as such thereafter.
Reason:
To prevent unacceptable overlooking.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date: 29-10-12
Determining officer (delete as appropriate)
Signed: _________________________ Anthony Holmes Senior Planning Officer
Signed: _________________________ Michael Gallagher Director of Planning and Building Control
Signed: Samuel Sarah Corlett Senior Planning Officer
Signed: _________________________ Jennifer Chance Development Control Manager
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