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The application site comprises the curtilage of a two-storey stone workshop building that is located between existing residential properties on Mines Road in Laxey.
The proposed development comprises of works to convert the workshop building contained within the application site into a single dwelling.
The application site has not been the subject of any previous planning applications that are considered material to the assessment of this current planning application.
REPRESENTATIONS
Laxey Village Commissioners recommend that the planning application be refused on the grounds that they consider the proposal to be an overdevelopment of the site and that windows within the proposed development overlook the neighbouring property to the detriment of privacy.
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 owner and/or occupant of 26 Mines Road, which directly neighbours the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding potential overlooking arising from a bedroom window within the proposed development. They also question a right of way to the rear of the application site.
In terms of local plan policy, the application site is located within a wider area of land that designated as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. It is also located within the Laxey Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains two policies that are considered specifically material to the assessment of this current planning application:
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."
The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
In terms of strategic plan policy, although the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
General Policy 2 states: "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:
Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
The planning application seeks approval for works to convert the workshop building contained within the application site into a single dwelling. In terms of assessment it is necessary to first examine the principle of development and then, if appropriate, the site specific impacts of the proposed development.
In terms of the principle of development the application site is, as identified earlier in this report, within a wider area of land that is designated as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005 and is also within the Laxey Conservation Area. Given that the proposed residential use
accords with the land use designation under the Laxey and Lonan Area Plan Order 2005 it is considered that the principle of development is acceptable. Indeed, the existing use has the potential to be a bad neighbour within the area. In terms of historic building conservation the proposed development represents a means of securing the future use of an older building that adds character to Laxey Conservation Area. As such the principle of development is also considered to accord with the conservation of the building.
With the principle of development accepted it remains necessary to examine the site specific impacts of the proposed development. In terms of these the three main considerations are the impact on public amenity, the impact on private residential amenity and the car parking provision.
In respect of the impact on public amenity the two considerations are the visual effect on street scene and the effect on Laxey Conservation Area. Visually, the proposed development retains the majority of the features of the existing building with alterations to the building primarily consisting of the installation of windows and doors (mostly in existing openings) and the re-roofing of the building in slate. In terms of street scene the proposed development sits comfortably within Mines Road and the wider surrounding area, potentially representing an improvement to the street scene. In terms of the effect on Laxey Conservation Area it is considered that the proposed works both help secure the viable future of the building and improve its visual appearance. As such the proposal is considered to both enhance and preserve the character of the Conservation Area. The impact on public amenity is therefore considered to be acceptable.
In respect of the impact on private residential amenity the proposed development primarily affects its two neighbouring properties. The relationship with 24 Mines Road is not significantly different from the existing position, with the windows serving the proposed living room basically already in existence. Due to the position of these windows and the layout of the properties the residential amenity of 24 Mines Road is suitably limited. The relationship with 26 Mines Road is altered by the installation of new window opening in the north west elevation to serve a proposed bedroom. Having visited the application site it is concluded that the impact of this window is suitably limited due to the position of the window, the layout of the properties and the reasonable expected use of a bedroom. The proposed development has access to the rear, presumably to allow the use of the rear of the application site as private amenity space for the proposed dwelling. This arrangement would be similar to that found along Mines Road. The impact on private residential amenity is therefore considered to be acceptable.
In respect of car parking the proposed development includes on-site parking through the existing sliding doors at ground floor level. Although the level of on-site car parking provision provided by this is less than would be expected with new residential development the proposed level is considered acceptable on the basis the proposed development is not new-build and accords with three of criteria for the relaxing standards that are stated at Appendix 7 of the Isle of Man Strategic Plan 2007. It is also noted that the majority of the properties along Mines Road do not have any on-site car parking provision. The car parking provision for the proposed development is therefore considered to be acceptable.
Overall, it is considered that the proposed development is acceptable. It is noted that within their representation the owner and/or occupant of 26 Mines Road raised the issue of a right of way. This is a matter controlled by other non-planning legislation and therefore is not a material planning consideration in the assessment of the planning application.
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 owner and/or occupant of 26 Mines Road.
Recommended Decision: Permitted Date of Recommendation: 4 November 2008 08/01611/B
N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals 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. SM08/171/1 date stamped the 18th August 2008. C 3. The proposed development must be connected to the main foul sewer. NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development C 4. There must be no discharge of surface water to the main foul sewer.
Decision Made :
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