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23/00337/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00337/B Applicant : Sunset Properties Ltd Proposal : Creation of garage (access off Queen Street) with terrace over and installation of new external door serving apartment Site Address : Harbour Lights Shore Road Peel Isle Of Man IM5 1AH
Technical Officer: Mr Thomas Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.06.2023 __
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.
N . The applicant is reminded that no surface water runoff from the new access can be directed on to the existing highway, as required under Section 58 of the Highway Act 1986.
Plans/Drawings/Information;
This decision relates to drawing 1605.10 revision 1 received 23.5.2023, together with the other supporting information received on 17.3.2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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1.1 The site is Harbour Lights, Shore Road, Peel. The property has a café at ground floor and apartments in the upper floors. The site is located in the Peel Conservation Area.
1.2 This application focusses on the rear yard of the property, and its boundary on to Queen Street. The yard has an unpainted render boundary wall that increases in height as it moves away from the Promenade, towards the gable of no.10 Queen Street. Behind the boundary wall the yard contains several portions of historic wall that previously formed part of a pitched roof outbuilding, the roof of which is no longer in place.
2.0 THE PROPOSAL
2.1 This application proposes to construct a single garage in the rear yard, using the existing boundary wall (which would in part be extended upwards) and creating a vehicular door within the existing wall. It is proposed that the roof of the new garage would accommodate a terrace area intended to be used by one of the upper floor apartments. A stainless steel and frosted glass screen 1.8m above the terrace finished floor level is proposed along the Queen Street boundary, intended to remove any potential overlooking in relation to the terraced properties on the other side of Queen Street.
3.0 PLANNING POLICY
3.1 The site is in an area defined as mixed use in the Peel Local Plan 1989, and within the Peel Conservation Area. The site is not in an area at risk of flooding.
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:
(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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
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;
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.
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3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.5 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."
4.0 PLANNING HISTORY
4.1 Reference Number: 85/00652/B Status: Permitted Proposal: Installation of ice-cream serving hatch and canopy to front elevation, Sunset City Cafe, Shore Road, Peel
Reference Number: 89/00303/B Status: Permitted Proposal: Installation of satellite dish, 2 Shore Road, Peel.
Reference Number: 21/01475/B Status: Permitted Proposal: Installation of replacement window on Front Elevation, alteration of apartment 1 (part Ground & First Floor) to create 2 No Permanent Apartments, with alteration of roof area to expand existing terrace
Reference Number: 23/00097/B Status: Permitted Proposal: Installation of replacement windows
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure Highways Division: In principle Highway Service Development Control accept the proposal based on the balance of benefits and negatives. The garage is sufficient size to accommodate the parking of one vehicle and have additional space to store bicycles or other items. Details of the garage door have been given as a sectional door. This form should ensure there is no encroachment onto the highway when opening and closing. The proposal has provided swept paths for the access and egress of a vehicles into the garage. Dimensions of the access means the required movements can be easily complete with minimal disruptions to other road users. The primary concern with this application is the visibility affordable from the garage access, especially for oncoming pedestrians as it may be a common route to the promenade. Any works to the external walls to benefit visibility would result in a marked change to the street scene. Queen Street is one-way from west to east and does not provide a through route, only serving the properties along Queen, Strand and Beach Streets resulting in light traffic flows. The application has provided splays of 2m x 4.25m and 4.4m. Even for the expected low speeds along Queen Street this visibility is below minimum
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standards. However, due to the alignment and narrowness of the street there will be adequate time for oncoming vehicles or pedestrians to react to an emerging vehicle from the garage. The proposal would result in another parked vehicle taken off the street. The additional width this would bring will aid the movement of both pedestrians and vehicles. It is considered that the access and egress of a vehicles into a garage space will result in less impact to pedestrian movement than a parked car along the street would. The alteration to the highway, in the form of creating an access, will require a Section 109(A) Highway Agreement to be made post planning consent. Details of surface water drainage at the connection of the garage and highway are unclear. The applicant should ensure that adequate provision of surface water drainage is provided at the connection to prevent surface water discharge onto the highway. Similarly, on construction of the vehicular access, the existing road drainage must either be retained or an effective alternative scheme provided at the Applicant's / Developer's expense on a satisfactory arrangement being drawn up and agreed with the Highway Services' Drainage team. The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control rises no objection to the proposal subject to all access arrangements to accord to Drawing No. 1605.10 (5.4.2023, 6.4.2023 & 25.5.2023).
6.0 ASSESSMENT
6.1 The issues with these proposals are whether they would preserve or enhance the special character of the Peel Conservation Area, and whether the proposals would affect adversely the amenity of local residents.
6.2 The alterations proposed within this application focus on it's boundary along Queen Street. Along the Queen Street elevation, the property itself has a mixed form with little rhythm and no decorative elements. The boundary wall itself has an unpainted render finish along its external face. Although boundary walls (either finished in render or exposed stone) are a common feature of the rear yards in the Peel conservation area, the boundary wall of this site is not considered to make a significant contribution to the special character of the area. The proposed creation of an opening and installation of a sectional garage door, although visible, is not considered to impact the special character of the conservation area. Given the existing form and massing of the property's Queen Street elevation and boundary wall, the partial raising of the boundary wall is considered to have no significant impact on the special character of the conservation.
6.3 The proposed garage would create a new opening on to Queen Street. The DOI Highways Division have submitted detailed comments regarding the suitability of the access. Queen Street is a narrow highway that has been in existence for over 150 years, and as such is not sized to anything like modern highway safety standards. However, the street does not provide a through route for vehicles, and therefore has very low traffic flows, generally serving as access to a small collection of properties. Although the new access does not meet modern visibility splay standards, it is considered acceptable in this instance given the volume of traffic, the width of the street and the general speed of traffic.
6.4 The proposed creation of a roof terrace on the garage roof would involve the raising of a section of the boundary wall, and installation of a balustrade constructed of stainless steel and frosted glass. The balustrade would be 1.8 metres above the finished floor level of the terrace, and is intended to avoid the potential of overlooking across the street, in particular to the first floor window of 13 Queen Street. Although the materials are not traditional, as the balustrade would be a modern addition, the use of more contemporary materials is considered appropriate. Given the measures that have been taken to remove potential overlooking, it is considered that the terrace element of the proposals would not affect adversely the amenity of neighbouring properties or local residents.
7.0 CONCLUSION
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7.1 It is judged that the proposals meet the statutory tests within 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 meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposals would not affect adversely the amenity of local residents and the conservation area and surrounding townscape are being protected and preserved. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS STATUS
8.1 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.
8.2 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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