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Application No.: 24/91367/B Applicant: Mr Alan Ormsby Proposal: Erection of a summer house in rear garden Site Address: Harcroft Old Laxey Hill Laxey Isle Of Man IM4 7BT Planning Officer: Peiran Shen Photo Taken: 16.01.2025 Site Visit: 19.12.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.02.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The proposed summerhouse preserves the character of the Conservation Area.
Plans/Drawings/Information; This approval relates to the document and drawing no. 24/31/01, 24/31/02, which have all been received on 4th December 2024.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners - No objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is Harcroft, Old Laxey Hill, Laxey, a detached dwelling located on the southeast of northwest of Old Laxey Hill, close to its junction with Glen Road. The rear of the house is on Old School Hill. The house sits in the middle of a slope. It has an elevated based from Old School Hill. A footpath runs along the eastern boundary of the site.
2.0 THE PROPOSAL - 2.1 The proposal is to erect a summerhouse in the rear garden. It sits on an elevated base. The summerhouse is approx. 3m wide, 5m deep and 2.1m high. It has timber finishes, and there are openings at all elevations.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The east half of the site is within the Laxey Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.4 No relevant Planning Policy Statement or National Policy Directive applies to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application. - 5.2 RDG Chapter 5 sets out key considerations regarding architectural details. These include window details and external finishing. The general idea is that development should fit in with the street scene and the building itself. - 5.3 RDG Chapter 7 sets out key considerations regarding the impact on neighbouring properties. These include the potential loss of light/overshadowing, overbearing impact upon outlook and overlooking, resulting in a loss of privacy.
6.0 REPRESENTATIONS - 6.1 Garff Commissioners has no objection to this application (21.01.2025). - 6.2 Highway Services has not commented at the time of the report (17.02.2023).
7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. It is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 The summerhouse appears more contemporary than the main dwelling. It is visible to the public from Old School Hill, an access road to a few houses and the rear of houses on Old Laxey Hill. While the garden shed does not complement the main house, it is not considered to harm the character of the area. Therefore, it is believed that the summerhouse preserves the character of the Area.
8.0 CONCLUSION - 8.1 The proposed summerhouse preserves the character of the Conservation Area. Therefore, it is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by a Principal Planner 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 and/or rights to appeal.
Decision Made : Permitted Date: 18.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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