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23/00228/B Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00228/B Applicant : AR Properties Limited Proposal : Proposed alterations and remedial works, replacement windows, doors and roof and making good façade, creation of linking extension between the two existing buildings and change of use from commercial to residential and holiday let Site Address : The Workshop Victoria Terrace Glen Road Laxey Isle Of Man IM4 7AJ
Technical Officer: Mr Thomas Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.06.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. No bedroom accommodation is to be provided at ground floor level.
Reason: To ensure that the proposed dwelling is safe in itself, and does not result in an unacceptable risk from flooding.
C 3. Prior to the commencement of works, details of the flood resistant ground floor doors, windows and full height glazing are to be submitted to and approved in writing by the Department. Thereafter, the works are to be carried out in accordance with the approved details.
Reason: To ensure that the property is adequately protected against flood risk.
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C 4. Prior to the commencement of works, a plan of the rear patio showing details of all external lighting is to be submitted to and approved in writing by the Department. Thereafter, the works are to be carried out in accordance with the approved details.
Reason: To ensure that the development does not adversely impact the fish spawning ground in Laxey River.
This application has been recommended for approval for the following reason. The proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, as the character of the Conservation Area is being preserved. It is also judged that the application accords with general policy 2, strategic policy 4 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area and surrounding townscape is being preserved. The application is also judged to comply with environment policy 13 as the proposals would not result in an unacceptable risk from flooding, and business policy 13 as the tourist use would not compromise the amenity of neighbouring residents. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawing A1 rev 3 received 27th April 2023, drawing A2 rev 4 received 26 May 2023, the Schedule of Proposed Materials received 1st March 2023, and the Flood Risk Assessment dated 3rd May 2023. __
Interested Person Status - Additional Persons
It is recommended that the owners of Stream Cottage be afforded Interested Party Status as their comments comply with sections 2 A, B and C of the operational policy. It is also recommended that DOI Flood Risk Management Division should be awarded party status as their comments relate to a matter that the Department considers material. __
Officer’s Report
1.0 THE SITE
1.1 The application site is a property called The Workshop, Victoria Terrace, Glen Road, Laxey. There are two existing buildings on the site; a two storey rendered stone building adjacent to the Glen Road boundary, and a single storey brick warehouse with an asbestos sheet pitched roof at the rear.
2.0 THE PROPOSAL
2.1 The application proposes to convert the existing buildings in to a single dwelling, for permanent residential and self-catering tourist use. The form of the existing buildings is generally proposed to remain the same, with the creation of a link section between the two. In terms of finishes, the Glen Road elevation is proposed to be painted render as existing, the warehouse portion is proposed to be timber clad and partly glazed, and the roofs are proposed to be corrugated metal. The existing Glen Road facing windows are proposed to be replaced in a like for like style and with black aluminium frames.
2.2 In terms of the internal layout, the dwelling is proposed to have one bedroom, within the Glen Road facing building. The plans initially proposed a second bedroom at ground floor level, however this has been removed from the proposals following discussions with DOI Flood Risk Management. An open plan kitchen/living room is proposed in the warehouse building with a rear terrace overlooking the river.
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3.0 PLANNING POLICIES
3.1 The application site is in an area defined as predominantly residential on Map 7 of the Area Plan for the East, and within the Laxey Conservation Area. The site is in a high risk flood zone.
Area Plan for the East 2020
Natural Environment Recommendation 3 The Department supports further consideration and investigation of the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. The ongoing work of the Flooding Advisory Group is recognised as part of this, as well as the findings and recommendations set out in the Laxey Flood Independent Review Report. The following, including the areas of Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey, are all identified as being at high risk both now and in the future.
3.2 TOWN AND COUNTRY PLANNING ACT 1999
S18 Designation of conservation areas (4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
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Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
Environment Policy 35: 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.
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.
Appendix 7 - Parking Standards
A.7.1 High levels of car ownership have led to an increase in the level of parking expected for new residential development, and outside of town centre locations these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (c) any restriction on the nature of the occupancy (such as sheltered housing); and (d) the impact on the character and appearance of the surrounding area.
Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision.
A.7.6 Parking Standards
These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are:
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Strategic Policy 12, Infrastructure Policy 5, Community Policy 7, Community Policy 10 and Community Policy 11.
3.5 PLANNING POLICY STATEMENT 1/01
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
3.6 Planning Circular 1/98: The Alteration And Replacement Of Windows
Category b) BUILDINGS IN CONSERVATION AREAS Policy If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions."
4.2 Laxey Flood Independent Review Report 2019 Recommendations:
5.0 PLANNING HISTORY
5.1 There are two previous applications on the site:
11/00246/A - Approval in principle to convert former workshop / store into a private dwelling - Permitted. A reserved matters application was never submitted in relation to this application.
90/04114/C - Change of use of joiners workshop to engineers workshop - Permitted on Review
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6.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.
6.1 The Department of Infrastructure Highways Division - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that to consider installing cycle parking storage to aid Active Travel objectives. (17.3.2023 & 28.4.2023).
6.2 Garff Commissioners has no objections to these proposals and recommend approval. (29.3.2023).
6.3 DEFA Ecosystem Policy Team would like to alert the applicant to the potential for nesting birds and roosting bats in the property because of the large number of open entry points into the building which are shown in the supporting photographs, including missing roof tiles and broken windows. We are not requesting an assessment by a suitably qualified ecologist, but the applicant must ensure to undertake thorough checks for nesting birds prior to the blocking of entrances into the building and before the alterations take place. These checks should take place whatever time of year the work is being planned for because feral pigeons will nest in buildings year round. The large gaps also gives potential for roosting bats, though due to the condition of the building and building materials we believe that that the potential is low. Nonetheless thorough checks for bats should also be made prior to the blocking of entrances into the building and before the alterations take place. Again, bats will roost in properties throughout the year and so checks should take place whatever time of year the work is being planned for If nesting birds or roosting bats are found or suspected then the works must stop and the Ecosystem Policy Team be contacted. Bats are listed on Schedule 5 of the Wildlife Act 1990; they are protected by law. All birds, their nests, eggs and young are protected (12.4.2023).
6.4 D.O.I. Flood Risk Management Division stated that they would like to see a Flood Risk Assessment (FRA) before making any further comment. The FRA should include intended flood mitigations such as electrics and flood resilient materials (13.3.2023). An FRA was submitted on 3.5.2023. Following review of the FRA, the Division have raised an objection to the proposals, and firmly recommend that no sleeping accommodation be permitted on the ground floor of a property within a flood zone. The Division add that they would insist on the FRA being conditioned should this Planning Application be permitted. Flood resistant materials, doors and electrics above flood level (5.5.2023). An amended drawing was circulated on 26.5.2023, which removed the bed shown in the ground floor room adjacent to Glen Road. Following this amended drawing, a further comment has been received. This comment removed the objection, subject to a condition that no sleeping accommodation be permitted on the ground floor (1.6.2023).
6.5 DEFA Fisheries have stated that they have no objections to the proposals, provided that there is no adverse effect on the adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river. The area of river in question is also a valuable migratory fish spawning ground, as such we would request that no direct exterior lighting be directed onto the river (9.5.2023).
6.6 The owner of Stream Cottage, immediately abutting the application site to the east, object to the proposals for the following reasons: "Firstly the Existing plans and elevations drawing is incorrect, which is important when considering the proposal as it does not accurately show the alterations needed to the external walls. The plan view is wrong - The left wall which is shown straight is currently a stepped design which provides access for maintenance. The new straight wall design would not provide maintenance access required. My exterior wall is rendered and will need maintenance. With the new proposals I would not be able to adequately access and
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maintain the exterior wall of my property adjoining the boundary of The Workshop. The limited access down the side of my property will also maintaining my roof at the rear. The new wall mentioned above and increased footprint would require extra, new foundations next to my property. The implementation of footings / foundation within such close proximity (about 200mm from my property) to the wall of my house, could adversely affect our wall and structural integrity of our property wall. In addition, the floor level of our house is approximately 750mm lower than the adjoining property floor level and digging up against a stone wall that has been undisturbed for years. I thought any permanent structure needs to be at least 1m from the boundary. Noise from Air heat pumps is commonly a problem in residential areas. The heat pump location is directly outside my window and produces noise of approximately 60db next to our dining area. There are lots of other locations around the exterior of the property that are away from residential buildings that the heat pump could be located. Relationship to site: Immediately adjacent to the site."(3.4.2023).
7.0 ASSESSMENT
7.1 There are considered to be three principal elements within this application that need to be assessed. Firstly the impact of the proposals on the special character of the conservation area, secondly the impact of the proposals on the amenity of the adjacent properties, and thirdly whether the proposed dwelling would provide safe and satisfactory amenity standards in itself.
7.2 With regard to the impact on the special character of the conservation area. The existing property's frontage on to Glen Road has an unusual form. The internal photographs submitted with the application appear to suggest that the stone building has been raised at some point, and the existing monopitch roof added. The Glen Road facing building is not therefore judged to contribute to the special character of the Laxey conservation area. The existing workshop building at the rear of the site is judged to date from the mid-20th century, and its form and materials are not judged to make a positive contribution to the conservation area's special character. The sketch scheme included within approval 11/00246/A would have removed the rear building and constructed a traditional duo pitched slate roof on the stone building, which would have made a positive contribution to conservation area. However, the existing buildings are disused, and the proposed refurbishment of the buildings is judged to be positive in terms of the overall character of the conservation area.
7.3 With regard to the impact on the amenity of adjacent properties. The owner of Stream Cottage, immediately adjoining the site to the east, has submitted an objection to the proposals. Some of these objections resulted from the accuracy of the plans, as it inaccurately represented the relationship between the two properties. The comment also objects to the presence of an air source heat pump on the property boundary. A revised existing and proposed plan has been submitted in response to these comments, updating the floor plans. The intention within the proposals is to reuse and upgrade the existing walls; with this in mind it is considered that the concerns raised regarding the construction of new walls are likely to result from the inaccurate plans previously submitted. Following these comments, the air source heat pump has also been removed from the proposals.
7.4 With regard to the amenity standards of the proposed dwelling in itself. An approval in principle application (11/00246/A) to convert the property to residential use was permitted on 7.4.2011. No reserved matters application was ever submitted in respect of this approval, and the permission has since lapsed. The 2011 application had several differences to the current scheme, as it proposed removing the rear (riverside) workshop to provide a garden, and replacing the two storey stone building's roof with a duo pitch traditional roof. The photographs submitted with the application show the condition of the existing buildings on the site. It is possible that the stone building fronting Glen Road may potentially have been a dwelling in the past; the building appears on the first edition OS Map from the 1860s but does not appear to have any fireplaces present. Whether or not the building has historically been a dwelling, it has clearly been in industrial use for many years, and will need significant works to become
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habitable. In terms of the amenity standards of the proposed dwelling, the size of the internal accommodation is comparable to the other dwellings in the vicinity, and is considered to be acceptable both as a permanent dwelling and for use as self-catering tourist accommodation. In terms of external space, the application proposes a rear patio overlooking the river bank measuring a little over 17 square metres in area. The size of external area proposed is significantly less than the other dwellings in the vicinity. However, given that the lounge/dining is proposed to have a glazed southern gable overlooking the patio area, on balance the external space is considered to provide a satisfactory standard of amenity.
7.5 The application initially included a bedroom at ground floor level. This element of the proposals had resulted in a firm objection from the DOI Flood Risk Management Division. Following lengthy discussions between the case officer, the applicant and the flood risk management officer, the proposals have been altered to remove the ground floor bedroom. Natural Environment Recommendation 3 within the Area Plan for the East 2020 noted Laxey as one of the areas at risk of flooding both now and in the future, and the current flood risk viewer notes the site as being in a high risk flood zone. Natural Environment Recommendation 3 also refers to the findings and recommendations set out in the Laxey Flood Independent Review Report 2019. Recommendation 1 of this report states "Greater priority is given to preparing to deal with flood risks and flood resilience on the Isle of Man." The flood risk assessment dated 3rd May 2023 has stated that the doors, windows and full height glazing would be flood resistant. In the event that the application is approved, it is recommended that conditions be added to ensure that materials and openings are all fitted with flood resistant products, and that ground floor electrics are fed from ceiling level. Given that the use of the ground floor is considered fundamental in terms of whether the proposals would result in an unacceptable risk from flooding, it is also recommended that a condition be added that prevents bedroom accommodation being located at ground floor level.
7.6 The application includes no provision for parking on the site, which is also the case with the existing workshops. The parking standards within Appendix 7 of the Strategic Plan allow for relaxation where it would result in the preservation of a sensitive streetscape, and states that the Department will consider reducing the parking requirements having regard to the impact on the character and appearance of the surrounding area. The application contains no reference to parking whatsoever, other than the answers to the relevant questions on the application form. The application has therefore not demonstrated, or even attempted to demonstrate, that a reduced level of parking will not result in unacceptable on street parking in the locality. Although the workshop is not currently in use, the site has approval for use as a workshop (90/04114/C), and while the parking implications are not identical for industrial or residential use, the proposed use is not considered to require an increased level of parking that would result in an unacceptable level of parking.
7.7 The ecosystems policy officer has made comments noting that, given the condition and unused nature of the existing property, nesting birds and/or roosting bats may be present. Given the statutory protection under the Wildlife Act 1990, it is suggested that a note be added to any approval that highlights the advice to check for birds and bats prior to any work commencing. The fisheries officer has also highlighted that the area of the river adjacent to the application site is fish spawning ground, which can be disturbed by excess external lighting. With this in mind, it is recommended that a condition be added to any approval that prevents any external lighting being directed in the direction of the river.
7.8 The application proposes to use the new dwelling for permanent residential and self- catering tourist use. Business Policy 13 states that permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents. As with the issue of parking, no information has been submitted to demonstrate that the site would not compromise the amenities of neighbouring residents. The application site forms part of a terrace along the south-western side of Glen Road. On the other side the road, properties
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are generally detached, although still with a relatively high density. Given the surrounding residential properties, there is the potential to impact the amenity of neighbours. However, given that the conversion to residential use will need to include the thermal upgrading of the roofs and external walls to current building control standards, this will also reduce the noise impact on neighbours. In addition to the above, the proposals include only a small amount of external space, and with both of these factors in mind, the additional use as self-catering tourist accommodation is not considered to compromise the amenity of neighbouring residents.
8.0 CONCLUSION
8.1 It is judged that the proposals meet the tests of Section 18 of the Town and Country Planning Act 1999, as the character of the Conservation Area is being preserved. It is also judged that the application accords with general policy 2, strategic policy 4 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area and surrounding townscape is being preserved. On balance, the application is also judged to comply with environment policy 13 as the proposals would not result in an unacceptable risk from flooding, and business policy 13 as the tourist use would not compromise the amenity of neighbouring residents. It is therefore recommended that the application be approved.
9.0 INTERESTED PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 15.06.2023
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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