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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00574/B Applicant : Mr Roy Hall Proposal Construction of a replacement building to form a one-bedroom apartment on the ground floor and a three-bedroom apartment on the first floor with a two-car garage on the ground floor . Site Address Adjacent To 2 Rheast Lane Peel Isle Of Man IM5 1BE
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
RECOMMENDATION: To APPROVE the application __ Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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. The vehicle parking spaces shown provided for the development, hereby permitted, within the garage on Drawing No.23/3186/02 B - dated received and dated 30th October 2023; shall be provided prior to the first occupation of the apartments and shall thereafter be retained and made available for vehicle parking at all times.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
C 3. The garage to the ground floor level must only be used as a garage/store and not as additional living accommodation. For the avoidance of doubt, no approval is granted nor should be inferred to the use of the garage as permanent occupation.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
C 4. The development for the replacement building to provide two apartments, hereby permitted, shall be constructed in accordance with the following approved details as outlined on the submitted Drawings - Drawing No. 23/3186/03 B. Namely: o slate or standing seam roof o velux rooflights; o grey zinc gutter and rainwater downpipes o anthracite grey aluminium framed windows
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o anthracite grey aluminium frames to the front glazing o glazed Juliet balcony o Manx stone to the ground floor level o timber cladding unless otherwise agreed in writing with DEFA Planning.
Reason: To ensure that high quality materials are used for the replacement structure which will reflect and preserve the character of the surrounding area the nearby Conservation Area.
C 5. No work shall be carried out on in relation to the construction of any of the external surfaces of the dwelling hereby permitted unless details of the materials, colour and finish (including the provision of samples of the roofing, cladding and Manx stone) to be used for all external walls and roofs have been first submitted to and approved in writing by the Department. The development hereby permitted shall thereafter be constructed in accordance with the approved details.
Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy General Policy 2 and Environment Policy 36 & 42.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no satellite dish, or solar panels shall be attached to any building or erected within the site, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To safeguard the residential character and amenities of the area
C 8. All soft landscaping works shall be carried out in accordance with the Planting Maintenance and Aftercare Schedule, dated received 30th October 2023. The works shall be carried out in full accordance with the programme approved in writing by the Department and retained thereafter. Any plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 9. The amenity space provided to the ground floor apartment, must be provided prior to occupation of the apartments and retained within the same ownerships as the ground floor apartment thereafter.
Reason: To ensure that the ground floor apartment is awarded acceptable amenity standards. Reason for approval: The proposed development has been designed to be of a high standard and would provide interest in Peel Town Centre due to its location within the overall streetscene. Whilst there is potential that the amenities of the ground floor apartment are of a substandard and could be
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tantamount to overdevelopment of the site, the proposal would meet all the other criteria's required of it under the Isle of Man Strategic Plan 2016 and as such is recommended for approval.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
No.4 Rheast Lane as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status by being more than 20m away from the application site. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
APPLICATION SITE 1.1 The site is within the curtilage of a garage/outbuilding, which is situated to the West of Rheast Lane, directly adjacent the entrance onto Tynwald Road. The existing structure has a pebble dashed finish and corrugated roof.
1.2 To the North of the site is "Woodlands," No.4 Tynwald Road, to the North East is No.9 Tynwald Road, to the South East is No.6 Tynwald Road, directly South is No.2 Rheast Lane (within the applicant's ownership) and to the North West are several garages, also within the applicant's ownership.
1.3 The surrounding area has a diverse building set, with there being the industrial feel of the existing structure coupled with the garages which can be seen fleetingly to the traditional feel of the traditional cottages along Tynwald Road to the 90's aspect of the bungalows situated along Rheast Lane.
PROPOSAL 2.1 The current planning application seeks approval for the complete demolition of the existing structure and re-building of the structure to create one, one bedroom apartment to the ground floor level and one three bedroomed apartment to the first floor level. There is also a shared two car garage to ground floor level.
2.2 The proposed structure is going to measure 6.63m by 12.830m with an overall height of 7.79m. The ground floor level is to be Manx Stone to match the existing with the first floor and above rendered with anthracite grey statement aluminium frames with Juliet balcony and timber cladding.
2.3 After discussions with the agent, a revised scheme with a small garden was supplied for the one bedroomed apartment.
PLANNING HISTORY 3.1 There are no previous applications relevant in the assessment of this application.
PLANNING POLICY
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4.1 The site lies within an area zoned as Predominantly Residential on the Peel Local Plan 1989. The property is not within a Conservation Area and whilst road in front of the site is within a Flood Risk Zone, the site itself isn't.
4.2 PEEL LOCAL PLAN 1989 4.2.1 The following recommendations within the Peel Local Plan 1989 written statement, are applicable in the assessment of this application;
5.2 The refurbishment and amalgamation of properties within the town will be encouraged.
7.7 Future residential development A minimum standard of 1.5 spaces per dwelling is applied at present. This space may include a garage. Dependent upon the layout of the area this parking may be required to be located behind the building line.
7.8 The above standard will however not necessarily be universally applied. In redevelopment and town centre locations, the car parking requirements will be determined with regard to specific cases on the basis of bed spaces and population generated.
4.3 STRATEGIC PLAN 4.3.1 Given the nature of the application it is appropriate to consider the following Isle of Man Strategic Plan 2016 policies; Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure Strategic Policy 2 - focuses new development in existing settlements unless it complies with General Policy 3 Strategic Policy 4 - (in part) proposals for development must protect or enhance the setting of Conservation Areas Strategic Policy 5 - new development, should be designed to make a positive contribution to the environment of the Island Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel Spatial Policy 2 - identifying Service Centres Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with General Policy 3 General Policy 2 - set out detailed 'development control' considerations Environment Policy 36 - development close by Conservation Area must not have a detrimental effect upon the Conservation Area. Environment Policy 42 - new development should be designed to take into account the character and identity of the area Environment Policy 43 - (in part) the department will encourage the re-use of sound built fabric, rather than its demolition Community Policy 7 - designed to prevent criminal and antisocial behaviour Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire Housing Policy 4 - new housing will be located primarily within the existing towns and villages Housing Policy 17 - acceptable criteria of the conversion of buildings into flats Transport Policy 1 - best located close to existing transport links Transport Policy 4 - safe and appropriate provisions for journeys Transport Policy 7 - set out parking standards in connection with Appendix 7 Infrastructure Policy 5 - methods for water conservation.
4.4 LOCAL DISTINCTIVENESS 4.4.1 The Strategic Plan (2016) states at paragraph 4.3.8, "The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to
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developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe".
4.5 OTHER MATERIAL MATTERS 4.5.1 The Department has published the Residential Design Guidance (March 2021) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This includes specific guidance on new houses, and impacts on Neighbouring Properties.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state in part, "The proposal does not give rise to significant road safety or network functionality issues, but does raise issues on practicality of two separate units using the proposed garage space. Whilst unusual it can be seen as analogous to communal undercroft/ underground parking albeit on a much smaller scale. Accordingly, HDC continues to raise no opposition." (21.06.23)
5.3 Peel Town Commissioners have considered the application and wish to defer the proposal awaiting further information. Further comments were requested on the 9th November 2023, with no response at the time of writing this report.
5.4 The Assistant Registered Buildings Officer has written in to state that they do not consider the proposal to have a negative impact upon the streetscene. (12.07.23)
5.5 The Owner/Occupier of No.4 Rheast Lane have written in to state that whilst they do not object to the proposal, there should be more provision for parking. (4.06.23)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 Firstly when looking at the principle of the proposal, in terms of the land use designation and whether residential development is accepted, the application site is located within the wider area of Peel on the Peel Local Plan 1989. As such the site itself would comply with Strategic Policy 2 of the Isle of Man Strategic Plan which sets out that new dwellings must be located within existing sustainable settlements, with Peel being a service centre within Strategic Policy 2.
6.2.2 Accordingly, in terms of the principle of the development the site, given the land use designation of "predominantly residential," there is a presumption in favour of any residential development, However, this is not an automatic reason to allow developments as further
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material planning matters as indicated above need to be considered, to determine if the principle of the proposal on this site is appropriate.
6.3 POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREETSCENE 6.3.1 When looking at the impact of the proposal upon the overall streetscene, it is necessary to note that Strategic Policy 5, Environment Policy 36 and 42 state in parts that new development must make a positive contribution to the environment and must be designed to take into account the particular character and identity of a locality. This is also followed by Paragraph 4.3.8 of the Isle of Man Strategic Plan which discusses local distinctiveness.
6.3.2 As stated in part one of this assessment, this part of the Peel town centre has a very diverse building set, with there being no general overriding character, as such there is potential that a variety of approaches could be acceptable. The existing structure whilst it has an imposing place within the streetscene by being situated within the gap space where Rheast Lane meets Tynwald Road and as such it is very much in a public vantage point, the structure has no particular architectural or historic merit, which means its demolition and re-building is deemed acceptable.
6.3.3 When looking at the proposed structure, whilst it is larger by external floor area and also height, the proposal will add interest into the streetscene, by added a modern element. It is not expected that the overall height of the structure will assist the structure in having more of an impact within the streetscene, and as such is deemed acceptable.
6.3.4 The proposed material are of a high quality and due to the proposal being directly adjacent to a Conservation area, high quality materials are required, as such the timber cladding, the aluminium frames and the Manx stone cladding are required to be conditioned. Whilst the proposal does not supply whether a slate roof or a standing seam roof is to be used, due to the structures location within the streetscene, either roofing type would be acceptable and would match the surrounding streetscene.
6.3.5 Overall, when taking the above into account, the proposal is considered to constitute a high standard of design, which would not significantly material impact upon Rheast Lane, or the outward views of the streetscene, whilst resulting in a greater degree of visual interest, to the benefit of the character and appearance of the locality. Likewise, the development is considered to amount to a visual improvement relative to the existing structure and therefore should not detrimentally impact important views into and out of the adjacent Conservation Area. The proposal therefore complies with the principles of General Policy 2 b, c & e, Environment Policy 36 and Environment Policy 42 of the Isle of Man Strategic Plan 2016.
6.4 POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.4.1 Turning towards Highway Safety, the structure is situated within Peel Town Centre which means in the first instance that it is close by to local transport such as the bus system and close by to a range of local shops which means that there would not be a need for the amount of parking, as required under Transport Policy 7 in accordance with Appendix 7 of the Isle of Man Strategic Plan.
6.4.2 Whilst this is the case, there is a garage situated to the ground floor level which is to be split between both apartments and would have space for one car parking space and parking for bicycles. This is unusual in its separation, which was brought up with the architect, but they have decided to keep the parking spaces as one per apartment. It is also noted that whilst Highway Services have raised the query as well, they have no objected to the proposal as a whole.
6.4.3 With this in mind, the separation of the parking, would be a civil matter between both apartments and with a condition that the car parking within the garage is available at all times,
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the proposal would be deemed to meet the criteria of Appendix 7 and in turn Transport 7 of the Isle of Man Strategic Plan.
6.5 POTENTIAL IMPACT UPON THE PROPOSED OCCUPANTS AMENITIES 6.5.1 When looking at the potential impacts upon the proposed occupants, whilst for the conversion of buildings into flats and not for rebuilding, Housing Policy 17 is helpful in providing a guideline. The main aspects of Housing Policy 17 is that there is adequate space available for clothes-drying, refuse storage and general amenity, that the flats have a clear pleasant outlook from the principle rooms and that if possible there is car parking available.
6.5.2 The car parking part of Housing Policy 17 has been discussed above and deemed acceptable. With regards to whether there is acceptable space, both apartments are above the threshold of space requirements for flats, with both apartments providing the general amenity standards inside of an open plan kitchen, dining and living room, separate bathrooms and bedrooms. The architect has also provided the spacing for where washing and drying facilities would be placed and as such the proposal would comply with this aspect of Housing Policy 17.
6.5.3 Lastly turning towards whether the proposal has a clear pleasant outlook, the first floor apartment, has an open plan aspect from the main window and Juliet balcony and as such complies with this part of the proposal.
6.5.4 With regards to the one bedroomed apartment situated upon the ground floor level, this is where the proposal falls down. After several discussions with the agent, the final proposal has included a small rear garden, which is to be separated from the rear garden of No.2 Rheast Lane (within the applicant's ownership). This apartment has been hard to assess from a clear pleasant outlook, firstly because of where the proposal is situated, directly next to garages which are let out/owned by different people, where the front door is situated, which is to be glazed. Due to this being the only available window for the site in this elevation, there is potential that the occupants will feel enclosed in the space, depending on how much the garages are used. Whilst that is the case, this would be no different to any other ground floor room within a property in the town centre.
6.5.5 This would then bring you to the rear of the site, which now includes two windows and a door, into the rear garden area. This part of the site is situated to the South East and as such should be awarded a certain amount of light into the site, whilst the hedging is growing, the occupants of this ground floor apartment might have a feeling of overbearing/overlooking due to No.2 Rheast Lane's garden surrounding the site, again whilst this is the case, this would be no different to any new build's garden and how it would function.
6.6 POTENTIAL IMPACT UPON NEIGHBOURING AMENITY 6.6.1 With regards to neighbouring amenity, firstly there is potential that the large scale window and Juliet balcony to the front elevation could impact upon the neighbouring amenity of the surrounding properties. To the North of the site is "Woodlands," which is approximately 9m away from the proposed new front glazing. Whilst the proposal would mean that they would be awarded views directly into the front garden of the property, which is the only garden space available, this would be no different to anyone walking down Rheast Lane, which are already awarded views into the front garden.
6.6.2 Turning towards No. 9 Tynwald Road and No.1 The Grove which are situated to the North East, and directly straight across the road from the proposal, whilst the wall directly facing the roadside of No.9 Tynwald Road is approximately 16m away, the garden space of No. 1 The Grove is over 20m away, as such this is an acceptable standard, which in turn would reduce any overlooking perceived or actual in the garden spaces.
6.7 OTHER MATTERS
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6.7.1 The proposed works comprise as a replacement structure, abide now a residential structure and is not considered to pose any issues with respect of criminal actively or spread of fire and will more than likely reduce any within the adjacent garage block area by the constant presence of people. Whilst the proposal will be increasing the overall floor area, the new apartments as stated upon the application form will have surface water runoff and foul drainage into the existing drainage system, and therefore no concerns are raised in this regard. Whilst the proposal will be increasing the water usage of the structure by adding in new water services, it is not expected that the water usage of the apartments would create an impact and therefore there are no new issues in this respect.
CONCLUSION 7.1 The proposed development has been designed to be of a high standard and would provide interest in Peel Town Centre due to its location within the overall streetscene. Whilst there is potential that the amenities of the ground floor apartment are of a substandard and could be tantamount to overdevelopment of the site, the proposal would meet all the other criteria's required of it under the Isle of Man Strategic Plan 2016.
7.2 The proposals is therefore recommended for approval with conditions to make sure the space spaces with the garage are available at all times, to remove permitted development, landscaping and materials.
INTERESTED PERSON 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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...20.11.2023
Signed :...V PORTER...
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Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 20.11.2023
PA No 23/00574/B Applicant Mr Roy Hall Proposal Construction of a replacement building to form a one-bedroom apartment on the ground floor and a three-bedroom apartment on the first floor with a two-car garage on the ground floor . Site Address Adjacent To 2 Rheast Lane Peel Isle Of Man IM5 1BE Planning Officer Mrs Vanessa Porter Presenting Officer As above - Addendum to the Officer Report
The Committee, with the exception of Mrs Hughes and Mr Skelton, rejected the recommendation of the case officer and the application was refused for the following reasons
R1. The proposal does not provide a suitable pleasant clear outlook from the ground floor apartment, from the main principle room or the secondary principle room, nor suitable amenity space and as such the proposal does not comply with Housing Policy 17.
R2. The proposal does not supply practical car parking arrangements for either apartment and as such would be contrary to General Policy 2(h).
R3. By reason of the substandard outlook and amenity space awarded to the ground floor apartment, the proposed building is an overdevelopment of the site and is contrary to General Policy 2(b) of the Isle of Man Strategic Plan.
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