Planning Officer Report

Officer's Report

Application No.:	11/01211/B
Applicant:	Braeside Developments Ltd
Proposal:	Alteration and extension to rear annex to form a dwelling
Site Address:	6 Sydney Street Douglas Isle Of Man IM1 3JB
Case Officer:	Mr Steve Stanley
Photo Taken:	27.09.2011
Site Visit:	27.09.2011
Expected Decision Level:	Officer Delegation

Introduction

1. This application seeks permission to make alterations and extend the existing rear annex of a dwelling to form a dwelling. The site is within an established residential area of Douglas.

The Site

1. The application site is the rear annex of 6 Sydney Street, Douglas. No. 6 is an end terrace dwelling which has recently undergone refurbishment. The rear annex which forms the basis of this application is by comparison, in a neglected state. It is a two storey structure which projects off the rear elevation of No.6. It has an attached flat roof garage between it and the rear service lane. There is a grassed area between the annex and the pavement which is bounded by a low stone wall with decorative metal railings above. A section of the railings is currently missing.

The Proposal

1. This application seeks approval for the creation of a dwelling by extending and altering the rear annex. The plans show that the existing lean-to style roof would be replaced with a full pitched roof and that the footprint of the building would be enlarged by extending the footprint towards the road so as to be in line with the No.6. The elevation facing the road would be altered with a regular fenestration being created which would have 3 upper windows and 2 ground floor windows and a door. Two roof lights would be installed. An existing tall chimney stack would be removed. The existing garage would be retained and divided to leave a single garage and utility room. The accommodation created would consist of a lounge, kitchen, utility and shower room at ground floor level and two bedrooms with a bathroom at first floor level. The grassed area between the annex and Oxford Street would be retained and a pedestrian access would be created within the wall.

Development Plan Policies

1. The application site is located within an area of Predominantly Residential use by the Douglas Local Plan.

1. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application:

General Policy 2, which 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:

• (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."

Environment Policy 42, which states:

"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

Transport Policy 7, which states:

"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

Planning History

1. The following previous applications are considered relevant in the consideration of this application:

09/00228/B - Demolition of annexe and erection of dwelling with associated parking. Permitted with the following conditions attached:

C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This permission relates to the demolition of the existing annex and the erection of a dwelling with associated parking as shown in drawing number 0704/PL002 date stamped 13th March 2009. C3. The dwelling hereby permitted shall not be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.

C4. The dwelling hereby permitted shall not be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.

C5. The roof(s) must be finished in dark natural slate.

C6. The dwelling hereby permitted shall not be occupied until a scheme of screening for the grassed area between the dwelling and the car parking area has been submitted to and approved in writing by the Planning Authority and thereafter the works shall be carried out within 3 month of the approval of the scheme.

C7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).

08/00691/B - Erection of a detached dwelling - Refused at appeal.

07/01665/B - Demolition of existing annex and erection of a detached dwelling - Refused.

05/00799/A - Installation of roof dormers on front and rear elevations, replacement uPVC windows to front side and rear, additional side windows to replace existing doors, new back door, demolition of chimney stack and replacement garage roof - Permitted.

99/01661/B - Installation of replacement windows to rear of dwelling - Permitted.

Representations

1. The Highways Division of the Department of Infrastructure object to this application, commenting as follows:

"Highways Division opposes the planning application 11/01211 as it proposes to:

1) Remove the parking associated with the original property, 6 Sydney St and; 2) Provide a parking space with restricted access, therefore not fully complying with Transport Policy 7.

Background to the decision:

Appendix 1 paragraph A.7.1 states that newly built residential development should be provided with two parking spaces per dwelling. The current application for this site shows a single parking space within an attached garage. Previously the Highways Division considered an application 09/228/B for the same site. The requirement for two parking spaces was reduced to a single space for the annex as the proposed residential dwelling formed part of an existing developed site, being located in the curtilage of 6 Sydney St.

Though the site is not located within the defined town centre its location was considered sufficiently close for residents to access amenities by foot and also is nearby to a public transport corridor. However, it must be noted that though the Highway Division accepted a reduction to a single parking space for the proposed dwelling the plans provided as part of the application 09/00228/B showed a parking area of which allowed a parking space for the proposed dwelling and also retaining a space for 6 Sydney St (as annotated on the plan). There was also adequate space for vehicles to manoeuvre between the parking spaces and the narrow access lane (approx 4.8m wise).

The current application 11/01211/B removes the parking space for 6 Sydney St. Observations by officer's show that the on street parking is currently at capacity for these streets in the evenings/overnight and at weekends with little or no available kerbside parking available.

By removing the parking space for 6 Sydney St will increase demand for kerbside parking and accentuate the existing problem. In addition the Highways Division have concerns regarding the reduction of the garage entrance to 2.4m combined with the narrow width of the access lane could make the manoeuvre into and out of the garage difficult, especially for larger vehicles such as MPV's or estate cars, resulting in future residents unable to use this space for parking. It most instances the Highways Division would recommend where the entry point into the parking space is 4.8m, a depth of 6m between the entry point of the parking space and an opposing obstruction (wall or other parking space) to make sure that the vehicles can manoeuvre into the space, ensuring its usability. By making the space usable it will reduce the probability that residents will choose to park on street because they find it easier than using their own in curtilage parking space."

1. Douglas Corporation does not object to this application.

Assessment

1. The key issues to be assessed in the determination of this application are the impact of the proposed development upon the streetscene, impact upon the amenity of No.6 Sydney Street, impact upon the amenity of adjacent properties and whether the proposal would provide sufficient off-street parking.

1. The 2009 permission proposed a similar scheme to this in terms of its impacts upon the streetscene and the amenity of surrounding properties. On comparing this proposal with the extant scheme, the main difference in what would be created is the retention of the existing garage and installation of 2 roof lights. The retention of the garage is judged to be a less pleasing solution as the flat roof structure is not an attractive feature of the streetscene. However, in isolation it is not judged to be sufficient to refuse this application.

1. The impacts upon adjacent properties that would arise from this proposal would be very similar to that of the approved scheme and as such in this regard it is judged that the proposal is acceptable.

1. The main weakness of this proposal is the proposed parking off street parking facilities. The standard requirement for this development is 2 spaces. In addition to this, No. 6 Sydney Street should also be afforded 2 off street spaces. The approved scheme would provide 2 spaces, 1 for No.6 Sydney Street and 1 for the proposed dwelling. At the time of the 2009 application, the Highways Division accepted this reduction is spaces. However this proposal has just 1 off-street parking space to serve the new dwelling and none for No.6 Sydney Street. Whilst parking standards can be relaxed under the provisions set out in Appendix 7 of the Strategic Plan, in this case the only exception that could be made would be on the basis of part (d) which states

"These standards may be relaxed where development: (inter alia)

• (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."

1. The observations of the Highways Division are that parking in this locality is at a premium and as such the local road network is not able to accommodate additional vehicles so as to make a further exception for this development.

Conclusions

1. It is judged that the development fails TP7 in that it would not provide parking in accordance with the standards set out by the Isle of Man Strategic Plan and would result in unacceptable on street parking in the locality.

RECOMMENDATION

1. Refuse.

PARTY STATUS

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Douglas Corporation

1. Accordingly the following parties are not granted Interested Party Status:

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 26.10.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The proposed development would not provide off-street parking in accordance with the standards set out within Appendix 7 of the Isle of Man Strategic plan. Whilst a reduction in parking has previously been accepted on this site, a further reduction as proposed in this application would result in unacceptable on street parking in the locality, contrary to General Policy 2 part (h) and Transport Policy 7.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made : Refused Date: 11/11/11

Signed: Michael Gallagher Director of Planning and Building Control

OR

Signed: Jennifer Chance Development Control Manager