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The application site comprises of a parcel of land between two existing detached dwellings that are located towards the Laxey end of the Ballaragh Road.
The proposed development comprises of the erection of a single storey detached dwelling with attached garage.
The application site has been the subject of one previous planning application that I consider to be of relevance to the assessment of this current planning application.
Approval in principle for the creation of two residential development plots, one as an individual plot and the other to be retained within the curtilage and tied to existing dwelling was granted through the approval of PA 04/00402/A. This planning application was initially considered and approved on the 16th April 2004, with the initial approval decision notice issued on the 20th April 2004. The decision was confirmed at review on the 25th June 2004, with the review approval decision notice issued on the 1st July 2004. A subsequent appeal was dismissed by the Minister and the decision confirmed on the 14th January 2005. This approval is valid until the 14th January 2007. The application site for this current planning application forms part of the application site for this previous and extant approval in principle.
Whilst this current planning application does not specify seek approval of the reserved matters for the approval in principle I would suggest that the conditions attached to PA 04/00402/A are a material consideration.
Laxey Village Commissioners have no objections to the proposed development.
The Department of Transport Highways Division objected to the proposed development on the grounds that the visibility splays are not detailed in accordance with the requirement of condition 4 of PA 04/00402/A.
The Department of Transport Drainage Division advised that they have no objections to the proposed development subject to the imposition of conditions and notes.
The Isle of Man Fire and Rescue Service made no specific comment on the merits of the proposed development but recommended the installation of smoke detection measures.
The Isle of Man Water Authority made no specific comment on the merits of the proposed development but requested that an informative note be attached to any approval notice.
The application site is located within the area covered by the Laxey and Lonan Area Plan Order 2005. Under this plan the application site is designated as being within an area of predominantly residential use. There are no specific policies within the plan that I consider to be of specific relevance to the assessment of this planning application.
Fundamentally, the principle of development has been established by the extant approval in principle. I would suggest that the best means of assessing the current planning application is by examining it against the conditions attached to PA 04/00402/A. I am satisfied that the proposed development suitably accords with the requirements of these previous conditions.
In response to the objection from the Highways Division the applicant submitted an amended drawing that sets out the visibility delays for the proposed development. I have discussed this matter with Derek Sewell and whilst it has not been formally confirmed in writing he has verbally advised that he was now satisfied. Given the speed of the road, its radius and the splays that have been demonstrated I am satisfied that the access arrangements are acceptable.
Overall I consider the proposed development to be acceptable and recommend that the planning application be approved.
I consider that all parties that 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: 01.03.2006
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.s 2005/07/01, 2005/07/02, 2005/07/03 and 2005/07/05 date stamped the 10th November 2005 and drawing no. 2005/07/09 date stamped the 31st January 2006.
C 3. Prior to the occupation of the dwelling the visibility delays and access arrangements must be set out in accordance with drawing no. 2005/07/09 date stamped the 31st January 2006.
C 4. There must be no discharge of surface water to the main foul sewer.
C 5. The dwelling must be connected to the public sewer.
N 1. With regards to drainage issues the applicant is advised that the connection to the public sewer will need to be in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions that must be agreed with the Drainage Division prior to the commencement of any building works. All drainage works will be required to conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections and surveys, including CCTV,
are to be carried out at the developer's expense. A communication fee will be payable to the Department of Transport in respect of this drainage connection. The section of foul drain from the new dwelling to the public manhole (9315) situated in the grounds of Garth Cottage will remain private at all times and will not form part of the public drainage system.
N 2. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
N 3. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
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)
Decision Made : Permitted Date : 6/5/06
Signed : M. I. McCauley Director of Planning and Building Control
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