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Application No.: 10/00824/B Applicant: Mr & Mrs Brian Quirk Proposal: Erection of two additional detached holiday let chalets Site Address: Laxey Harbour Chalets The Cairns Breeze Hill Laxey Isle Of Man IM4 7DL Considerations Case Officer: Mr A Holmes Site Visit: 13.07.2010 Expected Decision Level: Senior Planning Officer Written Representations Glen Cairn Tent Road Laxey Isle Of Man Objects to the proposal Nyn Ayrn Old Laxey Hill Laxey Isle Of Man Objects to the proposal House Of Keys Legislative Buildings Douglas Isle Of Man Supports the proposal Consultations Consultee: IOM Water & Sewerage Authority (Water) Notes: Objection Consultee: Laxey Commissioners Notes: Refusal Consultee: Mr C Kniveton Chief Executive DED Notes: Support Consultee: Highways Division Notes: Do not oppose
THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises a parcel of land that is located east of Breeze Hill and north of Laxey River in Laxey. The proposed development comprises the erection of two detached holiday let chalets on the application site. PLANNING HISTORY
Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
REPRESENTATIONS
Laxey Village Commissioners recommend that the planning application be refused on the grounds that the proposal is an over intensive development that would result in unacceptable visual impact due to its prominent location. They also highlight concerns over potential restrictions to vehicular access to the adjacent sewerage storage tanks arising from the proposed development.
The Department of Infrastructure Highways Division do not oppose the planning application.
11 October 2010 10/00824/B Page 1 of 4
The Isle of Man Water and Sewerage Authority object to the planning application on the grounds that due to the proximity of the river a tidal and fluvial flood risk assessment is required as part of the assessment of the planning application.
The Department of Economic Development support the planning application. Steve Rodan MHK supports the planning application on the grounds that extra visitor accommodation within Laxey should be encouraged.
The owners and/or occupants of Nyn Ayrn, which is located on Old Laxey Hill, object to the planning application. The grounds for their objection can be summarised as concern that the current level of development is enough and that the remaining area should be protected from development. They feel that further development would spoil the appearance of the area and the backdrop of the harbour, and that the proposal is an overuse of the site resulting in chalets and cars being very close together. They also query the detail of the submitted planning application and question its potential impact on existing, and possible future, drainage infrastructure located adjacent to the site.
The owners and/or occupants of Glen Cairn, which is located on Tent Road, object to the planning application. The grounds for their objection can be summarised as concern that the current level of development is enough and that the remaining area should be protected from development. They feel that further development would spoil the appearance of the area and the backdrop of the harbour, and that the proposal is an overuse of the site resulting in chalets and cars being very close together.
In terms of local plan policy, the application site is part located within wider areas of land that are designated as a) tourism and leisure; b) open space (private woodland or parkland); and c) high landscape and scenic significance under the Laxey and Lonan Area Plan Order 2005. The entire application site is also within a Conservation Area. There are four policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically relevant to the assessment of the planning application:
Policy L/TRT/PR/2 states: "Only those developments associated with tourism will be permitted on those sites identified for tourism on the plans."
Policy L/TRT/PR/8 relates to the Lower Cairn site and states: "This site is considered suitable only for purposes related to tourism and where development is confined to the western part of the site with the remainder appropriately landscaped and with public access thereto. New built structures must be designed to take account of the prominent and natural character of the site. Permanent accommodation will not be approved on this site in any form."
Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
Policy L/CRB/PR/4 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are 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:
Environment Policy 35 states: "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."
Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
The planning application seeks planning approval for the erection of two detached holiday let chalets. The proposed chalets are similar in form and design to the existing chalets contained within the application site.
Before the acceptability of the proposed development can be examined in detail it is necessary to clarify two issues that have been highlighted during the assessment of the planning application.
Firstly, following an examination of the submission it has become apparent that the proposed development includes work to the bank to the rear of the application site and that the existing level of detail relating to this element of the proposal is insufficient. The applicant's agent was made aware of this shortcoming and given suitable opportunity to address the issue by providing additional information showing existing and proposed levels together with appropriate cross section details. However, to date no response to this lack of information has been received. It is concluded that the failure to provided sufficient detail can only lead to the refusal of the planning application on the basis of lack of information.
Secondly, due to its location, and based on their flood information, the Isle of Man Water and Sewerage Authority has concluded that the application site has potential flood risk. They therefore object to the proposed development unless a flood risk assessment can demonstrate that the site is not a flood risk or that suitable flood protection measures can be provided. In accordance with Environment Policy 10 of the Isle of Man Strategic Plan 2007 the applicant's agent was duly advised of the requirement for a flood risk assessment. Correspondence from the applicant's agent has indicated that the applicant does not see a need for a flood risk assessment, whilst the Isle of Man Water and Sewerage Authority maintain their stance. Given that the need for flood risk assessment and the basis for Environment Policy 10 are based on a precautionary approach the failure to provide an assessment when one is reasonably required is concluded to be reason for refusal of a planning application.
Setting aside the above two issues it remains necessary to assess the acceptability of the proposed development. In terms of this it can be seen that the majority of the application site, and the area in which the two chalets are proposed, is located within a wider area of land that is designated as tourism and leisure under the Laxey and Lonan Area Plan Order 2005 and as stated earlier the Lower Cairn site is specifically referred to within Policy L/TRT/PR/8. Under the provisions of this policy tourist development should be confined to the western part of the site with the remainder appropriately landscaped and public access provided. Given that the existing built development already covers the western extent of the defined tourism and leisure site it is inevitable that the development proposed by this current planning application extends into the eastern part of the site (i.e. the area protected from development by the policy). As such, it has to be concluded that the proposed development is contrary to the provisions of Policy L/TRT/PR/8 that seeks to protect the site from development that is detrimental to the amenity of the area, particularly given the prominent position the site occupies. This is concluded to be reason for refusal of the planning application.
Furthermore, as the introduction of built development into the eastern part of the site significantly alters the visual prominence of the site within the area it is considered that the proposed development affects the character and appearance of the Conservation Area. In terms of this it is concluded that the proposed development adversely affects the open character of the eastern part of the application site thereby failing to preserve or enhance the character of the Conservation Area. The proposed development is therefore contrary to the provisions of Policy
L/CRB/PR/4 of the Laxey and Lonan Area Plan 2005 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Laxey Village Commissioners; and The Isle of Man Water and Sewerage Authority. 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 (same department as Planning Authority); The Department of Economic Development; Steve Rodan MHK; The owners and/or occupants of Nyn Ayrn; and The owners and/or occupants of Glen Cairn.
Recommended Decision: Refused Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 2. Notwithstanding the first reason for refusal the proposed development is concluded to be unacceptable by reason that it: a) proposes built development on the eastern extent of the Lower Cairn site contrary to the provisions of Policy L/TRT/PR/8 of the Laxey and Lonan Area Plan Order 2005 that seeks to protect the site from development that is detrimental to the amenity of the area, particularly given the prominent position the site occupies; and b) proposes built development that affects the open character of the eastern part of the application site and thereby fails to preserve or enhance the character of the Conservation Area, contrary to the provisions of Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan 2005 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : Signed : Senior Planning Officer
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