Loading document...
Application No.: 14/01013/B Applicant: Maxine Cleverley Proposal: Erection and operation of a cattery Site Address: Highfield Stoney Road Laxey Isle Of Man IM4 7NB Case Officer : Mr Chris Balmer Photo Taken: 16.09.2014 Site Visit: 16.09.2014 Expected Decision Level: Planning Committee
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER
1.0 THE APPLICATION SITE - 1.1 The application site comprises the residential curtilage of Highfield, Stoney Road, Laxey, which is a traditional two storey detached dwelling, located on the north-eastern side of Stoney Road and southeast of Baldhoon Road. The majority of Baldhoon Road is no longer used for vehicle traffic, but pedestrian access only. The exception to this is the small section of the road which runs from Baldhoon Road to the entrance of the application site. - 1.2 The application site is sloping in nature having an approximate 7.8 metre drop in ground levels, measured from the vehicular access to the site which falls towards the southeastern boundary of the site. - 1.3 Along the southern boundary of the site is a stone wall varying in height (0.5 to 1 metre) with mature hedgerows above (approximately 0.5 to 1 metre in height) and in places a 0.5 metre high timber fence set behind the mature hedgerow. Overall, the boundary features adjacent to Stoney Road are generally at least 2 metres in height overall.
2.0 PLANNING POLICY - 2.1 The application site is within an area of 'predominantly residential use' under the Isle of Man Planning Scheme (Laxey and Lonan Area Plan) Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is not within a Conservation Area, but the north and eastern boundaries of the site do adjoin the Conservation Area. - 2.2 In terms of planning policy the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. - 2.3 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:
2.4 Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." - 2.5 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
3.0 PROPOSAL - 3.1 The planning application seeks approval for the erection and operation of a cattery. - 3.2 The prosed cattery would be accommodated with a new purpose built building which would have a width of 14 metres, a depth of 4.4 metres and a height ranging from 2.5 metre to 3 metres in height. Due to the sloping nature of the site, the proposal would be partially dug into the hillside. The building would be partially constructed of metal mesh/uPVC panels. The building would accommodate a total of 9 pens and a food preparation room. Each pen would have a separate external pen. A separate timber frame post and beam lean-to roof structure would be erected above the proposed purpose built building. The roof of this timber frame structure would be finished in a natural sedum matt roof. - 3.3 New 'Thuja' trees a height of approximately 2.3 metres is also proposed along the north-eastern and southern-eastern elevations of the proposed building. - 3.4 The applicants have advised that opening times would be by appointment only and a specific time would be allotted to each client for drop off and collection. The opening times would be Monday to Friday 0900hrs to 1100hrs and 1500hrs to 1700hrs and on a Saturday 1300hrs to 1500hrs only. On a Sunday and bank holidays the cattery would be closed to visitors. The applicant advises that the proposal is small in size, only serving a maximum of 8 households and specialising in long-stay, keeping vehicular traffic to and from Highfield to a minimum. A collection and delivery service would be available. - 3.5 Access to the cattery would be from the existing driveway of Highfield. Visitors would be able to utilising existing parking and turning facilities current found at Highfield. Two spaces have been identified on the submitted plans for such uses. The reception for the cattery will be accommodated within the existing dwelling Highfield.
4.0 PLANNING HISTORY - 4.1 The following previous application is considered relevant in the consideration of this application: - 4.2 Enlargement of front ground floor windows - 07/00326/B - APPROVED - 4.3 Single storey extension to create a granny flat - 05/01445/B - APPROVED - 4.4 Erection and operation of a cattery and creation of additional visitor parking 05/92114/B - REFUSED at appeal on the following grounds: "R 1. The development and use proposed by the planning application is unacceptable by reason that:
4.5 Erection of a replacement garage - 05/92217/B - APPROVED - 4.6 A recently planning application (12/01337/B) was submitted on the land adjoin the site (within same ownership) for the erection of dwelling with attached garage. This was refused.
5.0 REPRESENTATIONS - 5.1 Laxey Commissioners have recommended an approval (received on 24.09.2014). - 5.2 The Department of Infrastructure Highways Services (received on 10.09.2014) have no objection. - 5.3 Manx Utilities Authority - ELECTRICITY makes no comment to the merits of the application but ask for an informative note be attached to any approval Services (received on 18.09.2014).
6.0 ASSESSMENT - 6.1 The principal issues relate to the potential impact upon neighbouring amenities by the development, the potential visual impacts upon the amenities of the street scene and adjacent Conservation Area and/or impacts upon highway safety. Potential impact upon neighbouring amenities by the development - 6.2 In terms of the potential impacts upon neighbouring amenities, the primary issue relates to the noise/odour resulting from the cats which would occupy the cattery. - 6.3 Previously, application 05/92114/B was refused on these grounds where the inspector commented that:
"While the garden of the appeal property is a large one and the cattery building is to be centrally located, I am not convinced that there would be no harm caused to the amenity of nearby residents. The appellant seemed not to be aware of the noise that can be created by male and female cats that have not been neutered and relied on the noise insulation properties of the double glazed uPVC of the proposed chalets, while admitting that they would be ventilated with open louvers through which noise could travel. Moreover, there was no clarity about how the waste would be handled. On neither count I am satisfied that the
proposal has been thoroughly and objectively thought through. Much of the appellant's response concerning the satisfactory running of this proposal without causing harm to neighbours or causing parking and highway problems depends upon good management of the cattery. Good management is something that cannot be secured though a condition on a planning permission. I do not doubt the sincerity of the intentions expressed on behalf of the appellant but a permission would go with the land and the realities of the business once established may dictate a different management approach."
6.4 In response the applicants have advised the following which relates to noise and smell:
6.5 Discussions have also been taken between the Planning Division and the Veterinary Officer within the Department of Environment, Food and Agriculture in terms of noise/smell created by cats and his experience of boarding catteries. He has indicated the following:
"Noise: Cats are generally fairly quiet animals. Currently licenced catteries do not accept entire (un-neutered) tomcats. They can be noisy, un-predictable, certainly have strong tomcat smell, and would be prone to escape. The current applicants desire not to house entire tomcats is therefore consistent with other cattery policy.
Similarly, entire female cats present problems in that "calling" is evident when in season, they try to escape to mate, and attract stray tomcats to the cattery area. Again cattery owners want only spayed females as residents.
The current applicants have therefore, like other establishments, produced a policy to turn away un-neutered cats of both sexes.
General noise from boarded cats will range from minimal to non-existent. Only at feeding time do cats seem to mew: and the insulation of the units would prevent such noise travelling far: even if the louvre windows are open.
Waste removal. Modern cat litters can be biodegradable, and absorb litter tray contents well. Current catteries dispose of waste by two main routes: on site incineration (wood based cat litter) or bagged and disposed via the Local Authority. Current catteries have no issue with a route for disposal. Catteries feed dry and wet (tinned/pouched) commercial food: raw food is not fed. This would produce very little waste food: and is no more noxious than normal household food waste.
Good Management: Current catteries do not open to the public "24/7". Typical times are 10am - 12 noon and 5-6pm daily on weekdays, with reduced access at weekends. Cats are delivered and collected by appointment in many: this makes workload sense for the cattery proprietor, saves congestion in the reception area, and reduces vehicle numbers. I would expect the current applicants to follow similar protocol.
If the cattery changed ownership or was sub contracted, DEFA Vet would require reinspection and a new licence issue: if both facilities and applicant were acceptable."
6.6 The Department recently approved a similar scheme (similar units, designs, type of cats, cleaning process, disposal of waste etc) within a residential area at Little Acre, Quarterbridge Road, Douglas - PA 13/91131/B. This application in terms of odour and noise was considered not to have a significant impact upon adjoining neighbours, some of which were closer than the current applications site and neighbouring properties. - 6.7 Overall, it is considered with the level of information provided, the detailed design of the pens, existing and proposed landscaping and position of the pens to neighbouring properties it is considered the proposal would not unduly affect the amenities of neighbouring residential properties to warrant a refusal.
The potential visual impacts upon the amenities of the street scene and adjacent Conservation Area
6.8 Visiting the surrounding area, it was clear that the proposal would not be a prominent feature from either Stoney Road or Baldhoon Road due to; the positon of the proposal, the existing and proposed boundary landscaping/features, topography of the site and the size and low level design of the cattery including a sedum roof finish. As the proposal is close to the boundary of a Conservation Area, permission will general only be approved, if it will not detrimentally affect important views into and out of the Conservation Area. For the same reasons indicated above, it is not considered the proposal would have a detrimentally affect to the Conservation Area. The Conservation Officer has considered the scheme and has no objection to the proposal. - 6.9 Accordingly, it is considered the proposal would comply with General Policy 2 and Environment Policy 36 of the IOM Strategic Plan. Impacts upon highway safety - 6.10 This was raised as a concern previously where the Inspector stated: "The proposed single additional parking space is wholly inadequate and I am not convinced it could be used without obstructing the existing domestic parking arrangements. It would also rely on only one customer being at the premises at any one time and that cannot be guaranteed. The top of Stoney Road is narrow and unsuited to additional traffic using it. Conflicting movements would involve vehicles reversing out onto Baldhoon Road and whilst vehicles speeds are not high on the road it is narrowed by the amount of on-street parking that takes place there. Additional traffic on Stoney Road would also conflict with pedestrian use of the road which, apart from parking that takes place there. Additional traffic on Stoney Road would also conflict with pedestrian use of the road which, apart from servicing the appeal property, functions essentially as a footpath."
6.11 This proposal does differ in terms of parking arrangements compared to the previous application. Firstly, two off road parking spaces are accommodated within the existing site without any alterations needed to be made. Furthermore, a new double garage has been constructed within the property which also included the demolition of a previous garage. The new double garage (can accommodate two off road parking spaces) has been resisted from the rear of the dwelling to the side of the dwelling. Accordingly, this has freed up space to the rear of the dwelling where significantly more hardstanding can now be found, which provides at least two off road parking spaces and a turning facility. This level of hardstanding did not exist when the application was previously considered. That proposal provided a single car parking space, by increasing the amount of hardstanding fronting onto Stoney Road which also result in increasing the width of the access. - 6.12 The applicants have advised that any customers bring or collecting their cats would be appointment only. They consider that this would be generally being sporadic and relatively brief for each customer. A delivery service would also be provided if required. - 6.13 A planning condition could be attached requiring that there must be a 15 minute gap between appointments. - 6.14 Accordingly, it is considered the level of parking provision within the site would be adequate for the users of the cattery and the main dwelling house as a domestic property. Highway Services have no objection to the proposal, previously they did.
7.0 RECOMMENDATION - 7.1 Overall it is considered that the overall level of development contained within the proposal is relatively modest and in keeping with the character of the dwelling, with suitably limited impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity and is therefore in accordance with the Lonan and Laxey Local Plan and General Policy 2 and Environment Policy 35 of the IOM Strategic Plan. Accordingly, the application is recommended for an approval.
8.0 PARTY 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: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services and the Local Authority in whose district the land the subject of the application sits.
Recommendation
Recommended Decision: Permitted
Date of Recommendation:
01.12.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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 numbered 4.7059 - L, 4.7059 - 101, 4.7059 - 102, 4.7059 103, and 14TS015 - 01 all received on 29th August 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Approved Committee Meeting Date : 8th December 2014 Signed : Mr C Balmer Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
Copyright in submitted documents remains with their authors. Request removal
View as Markdown