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The planning application seeks approval for the erection and subsequent operation of a cattery within the residential curtilage of a detached dwelling located adjacent to Stoney Road, close to Baldhoon Road, in Laxey.
The proposed cattery building is a flat roof structure that is similar in scale to a medium to large sized garden shed, comprises of six individual pens and is sited in the property's garden below the dwelling. The application states that the maximum number of cats accommodated at any one time will be six and that an additional parking space for visitors will be provided by increasing the existing hardstanding area adjacent to the entrance to the property.
The property is currently the subject of a planning application, 05/01445/B, seeking 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 is now due to be the subject of an appeal. The property is also the subject of another planning application, 05/92217/B, which has yet to be considered.
There have been a number of representations to the planning application from various parties. The Department of Transport Highways Division objects on the grounds of insufficient parking to serve the needs of the proposed operation. The Department of Transport Drainage Division has no objection subject to the imposition of conditions. The Laxey Village Commissioners object on the grounds that access and parking arrangements are problematic and do not appear capable of satisfactory resolution. The Isle of Man Water Authority make no comment on the specific merit of the proposed development but request that an informative note be attached to any approval. There are a number of objections from residents of the properties within the surrounding area. Their objections can be summarised as concern regarding the impact of a commercial operation within a residential area, potential access problems, impact on highway safety, the intensification of use of the application site, the increased level of traffic generation, the potential noise disturbance, the potential smell nuisance, the visual impact of the proposal, the potential impact on the adjacent Conservation Area, the potential precedent that would be set by any approval, the implications of existing rights of access and the potential impact on financial property value
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.
It is apparent from the various representations that there is ill feeling between the applicant and surrounding residents. However, this should not affect the consideration of the development proposed by the planning application and the proposed development must be assessed on its own merit. Given the lack of any specifically relevant planning policy regarding this form of development and on the basis that the application site is within a predominantly residential area I consider the key material planning considerations to be the impact of the use on the residential amenity of the surrounding properties and the access arrangements. Whilst the proposed cattery is relatively small scale I would suggest that it is unusual for animal boarding kennels to be operated within residential areas. Whilst not in itself a reason for refusal it is not unreasonable to speculate that if approved and implemented there is likely to be future applications seeking to increase the size and level of the
cattery operation. Due to the age of the area the access to the application site is awkward and probably not best suited to additional traffic generation. The additional of an area of hardstanding to accommodate one visitor space does not satisfy the requirements of the Department of Transport and as this area would affect the property's existing residential parking it is reasonable to surmise that visitors are likely to park within the surrounding area, potentially causing a nuisance. Although the potential for noise and smell is not as great as with dog boarding kennels the potential impact on the properties within the surrounding area still remains. I conclude that the proposed use is not compatible with its location and recommend refusal on the basis of the impact on the surrounding residential properties and the inappropriate access arrangements.
Given the nature of the proposed development and use I consider the potential impact to be sufficient to for all parties, except the Isle of Man Water Authority, to be granted interested party status.
Recommended Decision: Refused
Date of Recommendation: 17.01.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The development and use proposed by the planning application is unacceptable by reason that:
a) the potential for undue noise disturbance, smell nuisance and additional traffic generation will have an unacceptably detrimental impact on the residential amenity of the existing residential properties within the surrounding area; b) the proposed development fails to provide sufficient car parking to serve the needs of the proposed use without being unduly affected by existing parking arrangements for the existing residential dwelling; and c) any approval would set an undesirable precedent for the operation of animal boarding kennels within residential areas.
I confirm that this decision accords with Government Circular No 57/01 (Delegation of Functions to Director of Planning and Building Control).
Decision Made : Approval by delegation Signed: [Handwritten signature]
Date: 20/1/06
M. I. McCauley Director of Planning and Building Control
M. I. McCauley Director of Planning and Building Control
17 January 2006
17 January 2006
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