19 June 2008 · Delegated - Director of Planning and Building Control
Fields 612376 - 612415 - 612416 Adjacent To All Saints Park Off, Lonan Church Road, Laxey, Isle Of Man, IM4 7lg
The proposal involves building 29 dwellings of varying types (bungalows, detached, terraced, split-level) with a mix of render and brick finishes on a 2.517ha sloping site zoned for residential use in the Laxey and Lonan Area Plan 2005 (Area 17).
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The site is zoned predominantly residential (Area 17) in the Laxey and Lonan Area Plan 2005, establishing the principle as acceptable per General Policy 2 and Housing Policy 4 of the Strategic Plan.
General Policy 2
Requires development in zoned areas to respect siting/layout/scale/design/landscaping, protect amenity/landscape/views/habitats, provide access/parking/services, avoid highway harm. Officer assessed proposal compliant given zoning, redesigned layout/distances/landscaping, no objections from services/highways.
Housing Policy 4
New housing in zoned towns/villages or urban extensions per Area Plans. Site zoned residential in Laxey/Lonan Plan; principle accepted without countryside exceptions needed.
Housing Policy 5
25% affordable housing for 8+ dwelling sites. 18 units (14 Phase 1 +4 here) across 72 total meets requirement; legal agreement required.
Housing Policy 6
Zoned residential per Area Plan brief. Assessed against L/RES/PR/12 brief criteria, found compliant post-redesign.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Energy Impact Assessment required for 5+ dwellings. Submitted and assessed as addressing U-values, low-energy fittings, etc.
Policy L/RES/PR/12 - Land adjacent to Ballacannel - Area 17
Development brief requires density decrease NE, mix types/density, varied designs avoiding light finishes, landscaping western edge, sewer details, open space for play, 20m+ separations avoiding overlooking, no Croit-e-Quill vehicle access. Each criterion tested: density reduced, distances exceeded (30m+ rears), layout/landscaping irregular, drainage detailed/accepted, open space provided, access via Phase 1.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no.s 007/01, 007/02, 007/03, 007/04, 007/05, 007/06, PL257/3, PL257/10 and all drawings contained with the House Types booklet date stamped the 20th November 2007.
Landscaping scheme
All planting, seeding or turfing comprised in the landscaping scheme, as shown in drawing no. PL257/10 date stamped the 20th November 2007, must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Estate roads
No dwelling shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the adopted highway up to the access onto each dwelling within the development.
Do not oppose the proposed development
Recommend installation of smoke detectors
Request informative note on any approval
Request informative note on any approval
Interest expressed
Isle of Man Water Authority requests contact for water supply connections with no objection; Manx Electricity Authority requests contact for electricity supply noting underground cables with no objection; Lonan Parish Commissioners recommend refusal due to inadequate and poorly located open space provision.
Key concern: inappropriate remote location and unresolved design of open space provision failing to address child safety and accessibility needs in Phases 1 and 2
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines
Conditions requested: the applicant must contact the Authority; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Lonan Parish Commissioners
Objectionthe Board has asked me to inform you that they recommend refusal of the above Planning Application; To be accessible and useful, the public open space and play areas should in our view be located as near as possible to the centre of both phases of development
The original application by Jackson Homes Ltd. (PA 06/01068/B or AP 06/0251) for 49 dwellings plus associated features was approved by the Planning Committee despite exceeding the Area Plan's 'around 70 dwellings' yield for Area 17 (including 43 previously approved). Appellants (local residents) argued over-density (92 total dwellings vs. 70), inadequate infrastructure, sewage issues, highway safety, inappropriate Commissioners Office, and non-compliance with Policy L/RES/PR/12. The Planning Committee and applicant defended the scheme as compliant with the policy brief, treating the yield as indicative and acceptable for amenity and highways. The inspector found the proposal breached the Area Plan's first criterion on density/yield and criterion 5 on separation distances (e.g., Plot 40 to Langdale at ~10m), with over-provision undermining Plan credibility; layout harmed living conditions of nearby residents due to proximity, levels, and small plots. Highways and other matters were acceptable. The appeal was recommended allowed, reversing the approval.
Precedent Value
Appeals can succeed by third parties against approvals exceeding recent Area Plan yields, stressing policy precision over 'best use'; separation must exceed 20m meaningfully in context; inspectors prioritise Plan credibility post-inquiry/adoption.
Inspector: John S Turner
