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The application site comprises the residential curtilage of a detached dwelling that is located between New Road and the MER line in the South Cape area of Laxey.
The proposed development comprises the demolition of an existing sun room and balcony and the erection of a kitchen extension on the south elevation and a balcony on the east elevation.
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.
Laxey Village Commissioners recommend that the planning application be refused. The grounds for their objection can be summarised as concern regarding the size of the proposed development, the proximity of the proposed development to the MER line, the visual impact of the chosen materials of construction and the visual impact of the retaining wall within the surrounding area.
The Department of Transport Highways Division do not oppose the planning application.
The Department of Transport Drainage Division do not oppose the planning application subject to conditions.
The Department of Tourism and Leisure express an interest in the planning application. They suggest that the proposed development is within close proximity of the MER line and that stability of the bank could be affected.
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 states: "Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
"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:
The planning application seeks approval for the demolition of an existing sun room and balcony and their replacement with the erection of a kitchen extension on the south elevation and a balcony on the east elevation of the dwelling.
In terms of assessing the proposal, the principle of development is accepted due to the land use designation of the application site under the Laxey and Lonan Area Plan Order 2005 and the general presumption in favour of residential development that is set out by the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007. With the principle of development established it still remains necessary to assess the site specific impact of the proposed development. In terms of site specific impacts the main considerations are the effect of the proposed development on public amenity and private residential amenity. In addition to those, given its proximity it is also appropriate to assess the impact of the proposed development on the MER line.
The impact of the proposed development on public amenity is primarily related to the visual appearance of the proposal and its setting within the area. As can be seen from site visit the application site is elevated above the adjacent MER line and Old Laxey Hill. As a result the property occupies a prominent position, although this is not significantly different to other properties within the surrounding area. It is also noted that there are variety
of different forms and designs of properties within the surrounding area. In terms of assessment there are two elements to the proposed development.
Firstly, the proposal replaces an existing flat roofed extension on the south elevation with an extension that has a pitched roof to match the existing dwelling. Whilst this proposed extension is larger than the extension it replaces it is an appropriate size relative to the application site and the existing dwelling. The visual impact of the proposed extension on the south elevation is acceptable and does not unduly harm visual amenity of the surrounding area, thereby suitably protecting public amenity.
Secondly, the proposal replaces an existing balcony on the east elevation within a larger balcony. The existing balcony is a concrete and block work construction. The proposed balcony is constructed of wooden beams with stainless steel and glass balustrading supported by galvanised steel posts. The extent of the proposed balcony is an appropriate size relative to the application site and the existing dwelling. The chosen materials of construction are visually acceptable and it is arguable that the proposed balcony is an improvement over the existing balcony, as the proposed development no longer has solid block work supporting wall. The visual impact of the proposed balcony on the east elevation is acceptable and does not unduly harm the visual amenity of the surrounding area, thereby suitably protecting public amenity.
The impact of the proposed development on private residential amenity is primarily an assessment of the impact on the neighbouring property, Narradale. In terms of that the proposed extension on the south elevation is not visible from the neighbouring property, so therefore cannot cause any harm. In terms of the proposed balcony on the east elevation the position of the balcony and the relationship of the properties are such that any impact is suitably limited. The overall impact of the proposed development on private residential amenity is acceptable.
In terms of the proximity of the adjacent MER line it can be seen that the proposed balcony extends further than the existing balcony. Whilst this means that the proposed balcony comes within closer proximity of the application site boundary (approximately 1 metre) all of the proposed development is contained within the application site. Although it may be necessary to put appropriate safety measures in place during construction there is no reason why the use of the proposed balcony would be affected by or in itself affect the adjacent MER line.
In conclusion, the proposed development does not adversely affect public or private amenity or the adjacent MER line to an extent that would warrant refusal of the planning application. The proposed development accords with the provisions of the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Laxey Village Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; and The Department of Tourism and Leisure.
Recommended Decision: Permitted 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
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 1374-01 and 1374-02 date stamped the 22nd August 2008. C 3. There must be no discharge of surface water to the main foul sewer. N 1. Due to the proximity of the application site to the adjacent MER line the applicant is advised to consult with the Department of Tourism and Leisure prior to the commencement of development to ensure that appropriate safety measures are put in place during construction.
I confirm that this decision accords with Government Circular No 33/07 (Delegation of Functions to Senior Planning Officer) and GC 33/07 for Advertisements.
Decision Made : Permitted Date : Signed : Senior Planning Officer
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