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The application site comprises of the residential curtilage of a detached dwelling located on Stoney Road in Laxey. The site is better described as being accessed via Baldhoon Road.
The proposed development comprises of the demolition of an existing garage and the erection of a replacement garage within the application site.
The application site has been the subject of two recent planning applications that could be of potential relevance to the assessment of this current planning application:
Planning application 05/01445/B sought approval to extend the dwelling to provide a single storey granny flat. This previous planning application, which was submitted under the old legislation, was initially approved and confirmed approved at review. The site of this previous proposed development and the development proposed by this current planning application overlap each other.
Planning application 05/92114/B sought approval for the erection and operation of a cattery and creation of additional visitor parking within the application site. This application, which was submitted under the new legislation, was refused and is currently the subject of an appeal.
Laxey Village Commissioners have no objections to the planning application.
The Department of Transport Highways Division considers there to be no adverse traffic impacts subject to a condition relating to the provision of a turning feature.
The Department of Transport Drainage Division has no objection to the planning application subject to the imposition of conditions.
The owners and/or occupants of Laurel Cottage, which directly neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern that the garage is unnecessary and obtrusive, that the applicant already has serviceable garage and that it will adversely affect the grounds of an important Laxey property. They also question the motives behind the proposed development and the intended use of the garage.
The owner and/or occupant of Hillcrest House, which directly neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern that the garage is detrimental to the character of the area. They also question the motives behind the proposed development and the intended use of the garage.
The Laxey and Lonan Area Plan Order 2005 defines the application site as being within an area of predominantly residential use. Whilst not within a Conservation Area the application site is adjacent to one. There are no policies within the Laxey and Lonan Area Plan Order 1995 that directly relate to the development proposed by this planning application.
Based on representations to this current planning application and to the previous planning applications it is apparent to me that there is some ill feeling between the applicant and surrounding residents. However, this should not affect the consideration of the development proposed by the planning application, which must be assessed on its own merit.
Fundamentally, as a garage is a domestic form of development I believe that it is not unreasonable for someone to seek approval to erect a garage within the curtilage of a dwelling. In my opinion the proposed garage is of scale suitable to the application site and the dwelling contained within it. I consider that the erection of the garage and its subsequent use will not have an unacceptable adverse impact on the amenity of the properties in the surrounding area. The use of garage can be appropriately controlled through condition.
Based on my examination of the submitted drawings and taking account of the comments of the Highways Division it appears that vehicles will not be readily able to turn in the site and exit in a
forward motion. Given that there is sufficient space to create a suitable turning feature I am satisfied that this matter can be dealt with by condition.
Overall I consider the proposed development to be acceptable and recommend that the planning application be approved.
I consider that all those who made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Permitted
Date of Recommendation: 02.03.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 drawing no. 1.7059-102-00 and 2.7059-101-00 date stamped the 22nd November 2005.
C 3. Prior to the commencement of development a drawing detailing a turning feature, which allows a vehicle to turn within and leave the application site in a forward gear, must be submitted to and agreed by the Planning Authority. Thereafter, prior to the use of the garage the agreed turning feature must be constructed and capable of use to the satisfaction of the Planning Authority.
C 4. The garage must only be used for the storage of domestic vehicles or other domestic storage in association with the domestic enjoyment of adjacent dwelling, known as Highfield. For the avoidance of doubt no approval is granted or should be conferred by this approval for the use of the garage for the storage of commercial vehicles or commercial equipment.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Signed: M. I. McCauley Director of Planning and Building Control
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