Planning Officer Report

Planning Officer Report And Recommendations {{table:13864}}

Officer's Report

The Site

1. The application site is a two storey building located on the western side of Mines Road in Laxey. The application site is located within an area zoned as "Predominantly residential use" within the Laxey and Lonan Area Plan 2005. The site is located within a Conservation Area. The building is not a Registered Building.

Proposed Development

1. The application is seeking planning permission for the demolition of an existing garage and workshop and erect a dwelling with integral garage.

1. The frontage width of the dwelling will be 7.3m. The depth of the dwelling will be 14.5m. The height of the dwelling will be 8.6m to the ridge. The dwelling will be finished in a plain sand/cement render. The roof will be finished with natural slate.

Planning Status And Relevant Policies

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, Environment Policies 35 and 39, Housing Policy 6, Transport Policy 4 and 7

1. Environment Policy 35 states that "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."

1. Environment Policy 39 states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

1. Housing Policy 6 states that "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."

1. Transport Policy 4 states that "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

1. Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

1. Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

Planning History

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

08/01611/B – Conversion of existing garage/workshop into a dwelling – granted on appeal 03 March 2009

Representations

1. Laxey Village Commissioners have no objection in principle to the application; however, they have commented that the windows to the front of the property should be traditional sliding sash. The garage door should be a roller type opening. The front door unit with side panels should be replaced with a front door and separate single window to the side.

1. Highways Division of the Department of Infrastructure do not oppose the application.

1. The Isle of Man Water and Sewerage Authority do not object subject to conditions.

1. The occupiers of No. 24 Mines Road have concerns regarding the demolition process of the building and how it will impact their property.

Assessment

1. Section 19 of the Town and Country Planning Act 1999 deals with the control of demolition in conservation areas. This imposes a requirement for consent for the demolition of non-registered buildings in conservation areas that is comparable to the control that exists over the demolition of registered buildings. It should be noted that a separate application for planning application (11/01129/B) for the redevelopment of the site has been submitted to the Planning Authority for consideration alongside this application.

Conservation Officer'S Supplementary Report:

1. As the application site is located within the Laxey Conservation Area, designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are General Policy 2, Environment Policy 35 and Policy CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Conservation of the Historic Environment) is also considered to be relevant.

1. Policy CA/2 - Special Planning Considerations states;

"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."

1. In considering any application within a conservation area, it is necessary to consider the character of the area. The character of this part of the Conservation Area is for predominantly residential, with two storey dwellings set back from the road with very small gardens. In the main, the properties are painted render with slate roofs. The immediate area does show a mix of property age and orientations to the road. The majority of properties have ridges running parallel with the road with the exception of this building which is gable end to the road.

1. The existing building has a lime washed stone facade with painted vertically boarded gable with painted vertically boarded doors and windows punctuating this front façade. The side elevations, quite visible from the road, are vertically boarded with glazed, strip windows. This offers a very utilitarian building which relates to its former use as coffin makers.

1. Proposed is the replacement of this building with a rendition of the façade immediately adjacent to it. The proposed façade draws design influences from the rendered façade of the immediate neighbour with its concrete eaves and finials.

1. The construction of the building is such that practicable retention and restoration are possible, but prohibitively expensive. Ideally, the building would be retained and refurbished as per the previous application 08/01611/B, but this would now appear to be difficult to execute.

1. We entered into discussion with the applicant and his agent regarding the design of the proposed. We sought to reintroduce some of the details and materials usage of the existing building on the site. This approach was considered to maintain the architectural interest which in part makes the character of this particular part of the Conservation Area. Unfortunately, the applicant showed a strong preference for the scheme as proposed. In conclusion, as these proposals are considered to have a neutral impact on the character of this part of the Laxey Conservation Area and are therefore acceptable.

Planning Officers assessment

1. The other principal issues in assessing this application are: a) Land use; b) Parking provision; and c) the impact on Numbers 24 and 26 Mines Road. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.

LAND USE

1. The proposed redevelopment would be compatible with the area since the area is zoned as "Predominantly Residential Use" in the Laxey and Lonan Area Plan. It is considered the principle of developing the site for a residential use would be acceptable in this locality.

IMPACT ON NEIGHBOURING PROPERTIES

1. In respect of the impact on the residential environment of No.24 Mines Road, the application site is set to the north of the neighbouring property. The proposed building will not project any greater to the rear of the site than the existing building. The proposed building will also project slight away from the boundary of the neighbouring property. The slight increase in height of the building will have minimal impact on the residential environment of No.24 Mines Road.

1. The application is proposing to install windows in the south facing elevation to face towards the neighbouring property of No.24 Mines Road. The living room window would overlook the front garden area of the neighbouring property. The kitchen window would look onto the gable end of the neighbouring property and would not be overlook the rear garden of the neighbouring property. The bathroom window could be obscure glazed so as to prevent any overlooking. It is considered the proposal will not result in any undue harm to the residential environment of No. 24 Mines Road in terms of overlooking and loss of privacy.

1. In respect of the impact on the residential environment of No.26 Mines Road, the application site is set to the south of the neighbouring property. There are windows in the side elevation of the neighbouring property, which face towards the application site. It should be noted that the previous owners of the neighbouring property objected to the conversion scheme, (08/01611/B) as it was proposed to install a bedroom window into the facing which would look towards a landing window and the kitchen windows. The previous owners of No. 26 Mines Road appealed against the approval. An independent inspector noted "The parties were agreed that the imposition of a condition would obviate any overlooking, and would be reasonable in all other respects. The wording was agreed to be as follows: The window in the north first floor elevation shall be obscurely glazed, and shall be side hung on its western edge." The windows to be installed in the side elevation of the new building are to serve a bedroom and non-habitable rooms. A similar condition could be imposed to ensure the neighbouring property of No. 26 Mines Road is not overlooked.

1. In respect of overshadowing of No. 26 Mines Road, the existing eaves of the building are set 4.1m and 4.5m above ground level. The proposal will increase the height of the eaves by 1.2m and 1.1m to 5.3m and 5.6m in height, respectively. The existing ground floor window on the side elevation of the building is already overshadowed by the existing building. This proposal will not significantly alter the overshadowing effect on the ground floor side window. In terms of the impact on the first floor side windows, the existing eaves sit approximately 500mm below cill level. The proposed eaves will sit approximately 700mm above cill level. The building will be set 2.6m away from the side elevation of the neighbouring property. The roof of the building will pitch away from the boundary. The proposed increase in height will have minimal impact on the residential environment of No. 26 Mines Road in terms of overshadowing and loss of light.

Parking Provision

1. The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 require two spaces per unit. This application is proposing to create a garage which can only accommodate a vehicle. The site cannot physically provide any further car parking spaces within the submitted scheme. The car parking standard 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.

1. The application site is within 200m of New Road. This road is a major bus route. The applicant has not demonstrated that the reduced level of parking will not result in unacceptable on-street parking in the locality; however, it must be acknowledged the site is within walking distance of Laxey village centre.

1. In summary, the proposed parking provision does not accord with the policies in the Strategic Plan. However, the site is located within a village centre location where the provision for car parking within developments will be limited. It is considered that the reduced car parking provision is acceptable.

Recommendation

1. It is recommended that planning permission be granted subject to conditions.

Party Status

1. The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.

1. The occupiers of the No.24 Mines Road are adjoining landowners and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 12.12.2011

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

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the demolition of the existing garage and workshop and erection of a dwelling with integral garage as shown in drawing numbers SM11/250/1, SM11/250/2 and SM11/250/6 date stamped 11th August 2011.

C 3. The roof(s) must be finished in dark natural slate.

C 4. The facing render must be painted smooth render.

C 5. No development shall take place until samples/details of the front door and garage door have been submitted to and approved in writing by the Planning Authority, and thereafter the development shall be carried out in accordance with the approved samples/details.

C 6. The rooflights to be installed must be conservation style rooflights.

C 7. The garage must only be used for the storage of motor vehicles.

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

Decision Made : Permitted Date : 31/02/12

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager