Creation of a private parking area (Retrospective)
Site Address:
Land Adjacent To Albert Hotel Athol Street Port St. Mary Isle Of Man IM9 5DS
Officer's Report
The Site
The site is the curtilage of the Albert Hotel, a public house situated on the High Street overlooking Port St. Mary harbour. The property fronts onto the High Street and extends rearwards towards a rear lane. At the rear of the property there is a balcony area with stairs leading to the rear ground floor area behind a three storey flat roofed rear annex.
Within the site there is also an existing car park which is to the south of the property and accessed via an existing road access onto Athol Street.
Planning Status
The site lies within an area of Predominantly Shopping on the Isle of Man Planning Scheme (Development Plan) Order 1982. Under the Modified Draft Area Plan for the South the site is within an area of Mixed Use.
The site is not within an adopted Conservation Area, but it is proposed to be within a Conservation Area under the Modified Draft Area Plan for the South.
Due to the zoning of the site and due to the proposal the following policy is relevant in the determination of the application:-
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;
Case Officer:
Mr Chris Balmer
Photo Taken:
22.12.2011
Site Visit:
22.12.2011
Expected Decision Level:
Officer Delegation
(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."
Planning History
The property has been the subject of a number of applications for replacement windows, extensions, satellite dishes, flues, none of which is relevant in the consideration of this application.
However, there is an application on the site which is relevant:-
Erection of dwelling - 02/02379/B - REFUSED at appeal
The Proposal
The application seeks retrospective approval for the Creation of a private parking area. The site is directly adjacent to the south of the existing public car parking area. Engineering operations seem to have already been undertaken to level of ground level of the site by approximately 1/1.8 metre. This is evident by the previous ground level line, which seems to run around and below the stone wall which surrounds the boundaries of the site.
A discussion with the applicant indicated that the proposal would provide parking for their private use and for staff parking. The proposal would use the existing entrance which access onto Athol Street.
Representations
Port St. Mary Commissioners and Department of Transport Highways and Traffic Division raise no objection to the application
The owner of The Anchorage, Queen's Place objects to the application on the basis that the land is unstable and the works would be lower than her property and she asks if consideration has been given to the gas holding tank which is against this wall may be endangered as a result of the works. She notes that there was an ash tree on site which has been removed without the required planning permission.
Assessment
From the public view the works undertaken have no visual impact upon the street scene as the site is set below and behind a 2-2.4m high stone wall which runs along the eastern and southern boundaries of the site. This boundary wall will remain as existing. The proposal would provide additional off street parking to an area which has a high demand of on and off street parking. The Highway Division have considered the scheme and have no objection for additional traffic to use the existing entrance.
It is considered the proposal would provide a usable and appropriate use to this site beneficial to parking demand in this location of Port St Mary (i.e. reliving some pressure off on street parking).
There are residential properties directly to the southeast of the site which might be affected by cars coming and going and manoeuvring of cars in the car park. The property most likely to be affected would be The Anchorage. It is considered given the ground level of the site would be approximately 2-2.5 metres below the ground floor level of this property, and as the amount of
parking which the site can accommodate is limited (therefore amount of vehicles coming and going would be small) the proposal would not result in a significant impact upon the residential amenities (disturbance) of the occupants of Anchorage to warrant a refusal. The stability of the site and appropriate angle of repose of the bank is a matter for the applicant, although liaison with the owner of The Anchorage and the services of a qualified engineer would be appropriate.
Recommendation
Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.
Party Status
The local authority, Port St. Mary Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The owner of The Anchorage is immediately alongside and should be afforded party status in this case.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 18.01.2012
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. This approval relates to the creation of a private parking area as proposed in the submitted documents and drawing 1049-21 all received on 2nd December 2011.
N 1. The applicant is encouraged to discuss the scheme with the owner of The Anchorage, who has expressed concern at the proposal and to engage the services of a qualified engineer to ensure that the works have not and will not create instability or damage to The Anchorage.
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.
Determining officer (delete as appropriate)
Signed: Anthony Holmes Senior Planning Officer
Signed: Sarah Corlett Senior Planning Officer
Signed: Michael Gallagher Director of Planning and Building Control
Signed: Jennifer Chance Development Control Manager
Copyright in submitted documents remains with their authors. Request removal
