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| Application No.: | 14/01262/B |
| Applicant: | Mr Paul Christopher |
| Proposal: | Variation of condition two of PA 08/01773/B, Erection of a three storey dwelling with integral garage (comprising amendments to PA 03/00897B), to extend period of permission |
| Site Address: | The Boathouse Site Adjacent To Shore House Shore Road Port Erin Isle Of Man |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | 25.11.2014 |
| Site Visit: | 25.11.2014 |
| Expected Decision Level: | Planning Committee |
1.1 The site is the curtilage of a former boathouse situated close to Port Erin beach along Shore Road. The site sits between two existing dwellings, only one of which is shown on the submitted drawings. The streetscene along Shore Road is of largely traditional dwellings which front immediately onto the highway with separate front gardens on the shore side of the road. Some of the dwellings on Shore Road are original, others modern additions or replacements but still mainly in the traditional style.
1.2 The boathouse on the site has largely been demolished. The space between the existing dwellings either side is around 5.5m, of which the application site is just under 5m.
1.3 The properties on both sides have blank gables facing towards the application site.
1.4 On the site visit, there was no site notice displayed although Port Erin Commissioners confirm that on their visit the notice was there. As such a letter has been sent to the residents of Shore Road to advise them of the application.
2.1 Proposed is the erection of a dwelling on the site. This already has approval under PA 08/01773/B which is due to expire on 30th November, 2014 and up until when that approval may be implemented. The applicant seeks a variation of the original condition which required development to commence within four years such that the applicant has a further two years to commence work.
2.2 The scheme proposes the erection of a dwelling which matches that to the north to which it will be attached in terms of its height and window line. There is to be a garage on the ground floor and two floors of accommodation above with a rear annex which has two floors of accommodation.
3.1 The dwelling to the south was approved as the redevelopment of a former shelter under PA 05/01108/B on review. This is now complete.
3.2 Planning approval on the application site was granted for a pair of dwellings, PA 00/02217/A and a single three storey dwelling under PAs 03/00897/B and 08/01773/B. The application is for the extension of time of the last approval.
4.1 The site lies within an area of Residential land use on the Area Plan for the South adopted in 2013. The previous application was considered under the provisions of the Port Erin Local Plan of 1990 where the site was designated as Tourism/Residential. The site also lies within a proposed Conservation Area in the Area Plan for the South. The Plan explains the process for designation of the Conservation Area thus:
"There has already been consultation on these proposals as required by Section 18 of the Town and Country Planning Act, 1999. Conservation Areas are not approved as part of the Area Plan process but it has been generally helpful in this instance to consult on Conservation Area proposals at the same time as the Area Plan consultations, and to show the proposals on the Area Plan Maps. Details of the final arrangements for the designation of the Conservation Areas, which may include amendments thereto, will be published separately." (paragraph 5.17.2)
4.2 As the proposal complies with the land use designation on the area plan, it is relevant to consider the guidance provided in General Policy 2 as follows:
"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 space around them; c) does not affect adversely the character of the surrounding landscape or townscape; 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 adverse effect on road safety or traffic flows on the local highways."
4.3 Environment Policy 35 provides guidance on development within Conservation Areas as follows:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
5.1 Port Erin Commissioners indicate that they consider that a new application should be submitted for the whole development as it is 11 years since the first approval. It has been clarified to them that this current application is effectively a new application and may be considered afresh, albeit in the knowledge that until 30th November, 2014 the previous approval could have still been implemented. Following discussion with the planning officer, the Commissioners have amended their recommendation to a simple refusal without any reason therefore.
5.2 Department of Infrastructure Highway Services indicate that they do not oppose the application.
6.1 Since the approval of the 2008 application there has been a change in circumstance in terms of the adoption of the Area Plan for the South adopted in 2013. This however does not change the land use designation of residential which is what the proposal will achieve on the site. The APS does however introduce the potential of a Conservation Area in an area which includes this site. As such, it is relevant to ensure that what had approval respects the character and appearance of the area, perhaps a little more so than was the case when the 2008 application was considered. In assessing this, it is also relevant that the dwelling alongside is now complete which is clearly a later addition to the original buildings in the streets cene, given the eaves and chimney detailing. What is proposed in the current application is little different from its neighbours on each side and as such is still considered to be an appropriate form of development. It also includes parking albeit at a reduced amount to the two spaces required in the Strategic Plan although two vehicles could be accommodated if the rear store is included in the garage floor area. It is not considered that there has been a change in circumstances in traffic such as to determine that this parking provision is now unacceptable.
5.2 It is recommended that the application is approved, effectively providing a further four years for the development to be commenced.
7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
The Planning Committee approved the application at its meeting of 22nd December, 2014 subject to the addition of the MUA as a party who had contributed to the application, seeking consultation regarding the provision of electricity supplies but not affording interested person status as the points raised are not material planning considerations.
Recommended Decision: Permitted
Date of Recommendation: 16.12.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2.
The windows must be installed as shown in the approved drawings - with those in the front elevation being sliding sashes and notwithstanding the provisions of the Permitted Development Order, may not be replaced without the authorisation of the Department.
Reason: In the interests of visual amenity and to protect the character of the area.
This approval relates to drawings 1, 2 and 3 of 3 all received on 4th November, 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made: A... Committee Meeting Date: 22.12.14...
Signed: Donowitt Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO
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1.1 The site is the curtilage of a former boathouse situated close to Port Erin beach along Shore Road. The site sits between two existing dwellings, only one of which is shown on the submitted drawings. The streetscene along Shore Road is of largely traditional dwellings which front immediately onto the highway with separate front gardens on the shore side of the road. Some of the dwellings on Shore Road are original, others modern additions or replacements but still mainly in the traditional style.
1.2 The boathouse on the site has largely been demolished. The space between the existing dwellings either side is around 5.5m, of which the application site is just under 5m.
1.3 The properties on both sides have blank gables facing towards the application site.
1.4 On the site visit, there was no site notice displayed although Port Erin Commissioners confirm that on their visit the notice was there. As such a letter has been sent to the residents of Shore Road to advise them of the application.
2.1 Proposed is the erection of a dwelling on the site. This already has approval under PA 08/01773/B which is due to expire on 30th November, 2014 and up until when that approval may be implemented. The applicant seeks a variation of the original condition which required development to commence within four years such that the applicant has a further two years to commence work.
2.2 The scheme proposes the erection of a dwelling which matches that to the north to which it will be attached in terms of its height and window line. There is to be a garage on the ground floor and two floors of accommodation above with a rear annex which has two floors of accommodation.
3.1 The dwelling to the south was approved as the redevelopment of a former shelter under PA 05/01108/B on review. This is now complete.
3.2 Planning approval on the application site was granted for a pair of dwellings, PA 00/02217/A and a single three storey dwelling under PAs 03/00897/B and 08/01773/B. The application is for the extension of time of the last approval.
4.1 The site lies within an area of Residential land use on the Area Plan for the South adopted in 2013. The previous application was considered under the provisions of the Port Erin Local Plan of 1990 where the site was designated as Tourism/Residential. The site also lies within a proposed Conservation Area in the Area Plan for the South. The Plan explains the process for designation of the Conservation Area thus:
"There has already been consultation on these proposals as required by Section 18 of the Town and Country Planning Act, 1999. Conservation Areas are not approved as part of the Area Plan process but it has been generally helpful in this instance to consult on Conservation Area proposals at the same time as the Area Plan consultations, and to show the proposals on the Area Plan Maps. Details of the final arrangements for the designation of the Conservation Areas, which may include amendments thereto, will be published separately." (paragraph 5.17.2)
4.2 As the proposal complies with the land use designation on the area plan, it is relevant to consider the guidance provided in General Policy 2 as follows:
"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 space around them; c) does not affect adversely the character of the surrounding landscape or townscape; 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 adverse effect on road safety or traffic flows on the local highways."
4.3 Environment Policy 35 provides guidance on development within Conservation Areas as follows:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
5.1 Port Erin Commissioners indicate that they consider that a new application should be submitted for the whole development as it is 11 years since the first approval. It has been clarified to them that this current application is effectively a new application and may be considered afresh, albeit in the knowledge that until 30th November, 2014 the previous approval may still be implemented. Following discussion with the planning officer, the Commissioners have amended their recommendation to a simple refusal without any reason therefore.
5.2 Department of Infrastructure Highway Services indicate that they do not oppose the application.
6.1 Since the approval of the 2008 application there has been a change in circumstance in terms of the adoption of the Area Plan for the South adopted in 2013. This however does not change the land use designation of residential which is what the proposal will achieve on the site. The APS does however introduce the potential of a Conservation Area in an area which includes this site. As such, it is relevant to ensure that what had approval respects the character and appearance of the area, perhaps a little moreso than was the case when the 2008 application was considered. In assessing this, it is also relevant that the dwelling alongside is now complete which is clearly a later addition to the original buildings in the streetscene, given the eaves and chimney detailing. What is proposed in the current application is little different from its neighbours on each side and as such is still considered to be an appropriate form of development. It also includes parking albeit at a reduced amount to the two spaces required in the Strategic Plan although two vehicles could be accommodated if the rear store is included in the garage floor area. It is not considered that there has been a change in circumstances in traffic such as to determine that this parking provision is now unacceptable.
5.2 It is recommended that the application is approved, effectively providing a further four years for the development to be commenced.
7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
Recommended Decision: Permitted
Date of Recommendation: 16.12.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2.
The windows must be installed as shown in the approved drawings - with those in the front elevation being sliding sashes and notwithstanding the provisions of the Permitted Development Order, may not be replaced without the authorisation of the Department.
This approval relates to drawings 1, 2 and 3 of 3 all received on 4th November, 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ... Committee Meeting Date : ...
Signed : ...
Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
add mus - not interested
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