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Government Kailige Ellan Vannin
Mr M Chatel Yn Fea Peveril Road Peel IM5 1PJ
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to REFUSE a planning application by Empire Garage Ltd, Ref 13/90930/B, for the erection of five lock up garages at Yard Stanley Road Peel Isle Of Man IM5 1NY for the following reason(s):
Date of Issue: 19th September 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
This permission refers only to that required under the Town and Country Planning (Development Procedure) (No 2) Order 2013.
In accordance with Article 8 of the same Order any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
Should you wish to appeal against this decision your request must be in writing, signed by you as appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal your request must contain:
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected] 13 / 90930 / B
| Application No.: | 13 / 90930 / B | | :-- | :-- | | Applicant: | Empire Garage Ltd | | Proposal: | Erection of five lock up garages | | Site Address: | Yard | | | Stanley Road | | | Peel | | | Isle Of Man | | | IM5 1NY |
Case Officer : Miss Melissa McKnight Photo Taken: 15.08.2013 Site Visit : 15.08.2013 Expected Decision Level : Officer Delegation
1.1 The application site is the curtilage of a yard to the south of Empire Garage on the northern and eastern side of Stanley Road in Peel within the Peel Conservation Area. The application site sits adjacent to the junction onto Marine Parade. 1.2 The site currently forms part of Empire Garage, an established car sales, rental and car parts sales business. At present the application site yard currently has six lock up garages on site with offices above.
2.1 The planning application seeks approval for the erection of five lock up garages along the eastern boundary wall of the application site. 2.2 The proposed garages would be single storey and would have a maximum height of 2.5 metres and would be 1.5 metres below the existing stone boundary wall. 2.3 The proposed garages would vary in size with the largest garage, located to the corner to the northern eastern part of the application site, having a maximum width of 9.3 metres and maximum depth of 5 metres. Two of the five proposed garages would measure 3 metres wide with a depth of 5 metres that would be located adjoining the rear wall. The final two remaining garages would measure 7 \times 5 metres (located to the northern part of the site adjoining the existing garages) and 6.5 \times 5 metres at its maximum points (located to the south eastern corner of the site. 2.4 The proposed lock up garages would be erected in a single block and would form a 'L' shape have a total length of 22 metres and maximum depth of 5 metres. 2.5 The proposed lock up garages would have a rendered finish and would have a glass fibre sheeting roof. 2.6 The existing garages on site are used as lock up garages for tenants to keep their cars in. The proposed new garages would be offered to the residents of Stanley Road to rent to store their vehicles in.
3.1 Planning permission was granted in 2003 for the erection of signage on parts building under PA 03/00819/D. Prior to this planning permission was granted under PA 86/01419/B for the installation of power wash equipment in 1994.
3.1 In terms of local plan policy, the application site is within an area designated as Mixed Use under the Isle of Man Planning Scheme (Peel Local Plan) Order 1989. The application site is within Peel Conservation Area. There are three policies within Planning Circular 6/89, the written statement that accompanies the local plan, considered specifically relevant to the assessment of this current planning application:
Policy 9.15 states: "The character of the Conservation Area should be enhanced by positive schemes of action which will apply to areas and individual buildings and include the historic pattern of streets and spaces."
Policy 9.16 states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting."
Policy 9.17 states: "Any new building will only be encouraged if it conforms to high standards of design and it respects the scale and character of its surroundings." 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
General Policy 2 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; (1) 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."
Environmental Policy 35 states: "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."
4.1 Peel Town Commissioners have no objection to the current planning application. 4.2 The Department of Infrastructure (DOI) Highways Division have no objection to the application as it retains the area for use as off road car parking and is likely to result in additional traffic generation. 4.3 The Isle of Man Water & Sewerage Authority (WASA) has made a representation requesting that the applicant contacts WASA to discuss the proposed surface water connection for the development to the public system.
5.1 The key issues to consider in the assessment of this current planning application are the impact of the proposal on the character and quality of Peel Conservation Area and the residential amenity of those residing in nearby properties. 5.2 The Conservation Area of Peel covers the historic part of the town. Peel Conservation Area comprises a unique street pattern related to the harbour and the sea and includes a high proportion of largely original buildings and structures. As such, any proposed development should either preserve or enhance the Area. 5.3 General Policy 2 also requires that development proposals should not adversely affect the character of the locality and Environment Policy 35 requires development to preserve or enhance the character and appearance of the Conservation Area. The special features that make up the character of the Conservation Area should be protected against inappropriate development. 5.4 The erection of five additional lock up garages on site with flat roofs use would change the character and appearance of the site. Whilst there are existing garages on site that are not considered to have architectural merit or appear aesthetically pleasing, the increase in such development and proposed design of the lock up garages is deemed to have a harmful impact on the appearance of the locality and character and quality of the Conservation Area. 5.5 Stanley Road runs down towards Shore Road and to the beach and is used frequently. The application site is also visible from Shore Road. The proposed five lock up garages are considered to detract from the existing traditional street scene of Stanley Road and are judged to neither preserve nor enhance Peel's Conservation Area. 5.6 It is considered that the proposed development would significantly alter the character and appearance of the site and would constitute over development and over intensive use of the site. In addition, the area would take away valuable parking spaces an open hard standing space for the garage use.
5.7 The site as existing has been established for over twenty years, As previously mentioned the application site is in an area zoned as Mixed Use as identified on the Peel Local Plan 1989. The applicant has advised that the garages would be used for residential storage and vehicle storage, the garages would be available to rent to the general public. Consequently it could be argued that such a use could be compatible with the zoning, provided that the garages were used in that manner. However, the two proposed entrances to the corner garages to the northern and north eastern part of the site, and the general layout of the garages, would make it difficult to get a vehicle in or out, thus adding to concern about increased parking on the adjacent roads and/or difficulties in vehicular manoeuvring within the site. It would therefore be assumed that these garages would be used solely for the storage of other items which a) increase the demand for parking on the site and Stanley Road for the users visiting the garage; and b) would not result in the ease of demand for parking on Stanley Road. 5.8 General Policy 2 of the Strategic Plan requires development proposals to not adversely affect the amenity of local residents. There are a number of residential properties within close proximity to the site; 5 metres at the closest point. It is therefore imperative to assess the potential impacts to the amenities of these properties. The closest properties are Nos. 11 to 19 Stanley Road and No. 32 Shore Road sits directly adjacent the application site. 5.9 There is an existing commercial garage situated in use with existing lock up garages used for the storage of vehicles, the proposed development would add to this use there is a possibility that there may be more disturbance to local residents from the proposed development than the existing commercial set up, this is due to the increased in facilities and number of users. The residential garages proposed would be used out of working hours which may result in increased noise and disturbance to the area. 5.10 It is considered that the additional use of the site for storage would undoubtedly increase the use of the site. Whilst it is difficult to judge whether the level of increased activity would be such to cause harm, it needs to be remembered that the level of activity could not be adequately controlled by condition, it would depend on how the garages were used and who by. It is fairly reasonable to assume that this could be on a daily basis, and it could be early morning, daytime or late into the evening, which in turn would result in disturbance to the local residents of the surrounding properties. 5.11 It is considered that the proposed use of the site may result in noise disturbance to the residential properties which adjoin the site than what already exists. It is also judged that the proposed development would have a harmful impact on the visual amenities of those local residents, particularly those that overlook the site and sit adjacent to. 5.12 For the above reasons it is considered that the proposed development would have a harmful impact on the amenities of local residents. 5.13 Overall it is concluded that the planning application does not accord with the provisions of Policy 9.15, 9.16, and 9.17 of the Peel Local Plan 1989 General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
6.1 It is recommended that the planning application be refused.
7.1 The local authority is, Peel Town Commissioners, 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 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) (d).
7.3 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Isle of Man Water & Sewerage Authority
Recommendation
Recommended Decision: Refused
Date of Recommendation: 17.09.2013
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1. The proposed erection of five additional flat roof garages by reason of its layout, form and design would have a harmful impact on the character and visual amenities of the area contrary to General Policy 2 and would neither preserve nor enhance the character and quality of the Conservation Area contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007.
R 2. The use of the site for lock-up garages would be likely to result in increased activity, noise and general disturbance to the adjoining residential properties on a day to day basis resulting in an adverse impact on the residential amenity of local residents of Stanley Road and the character of the locality.
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: Refused Date: 18.9.13
Determining officer (delete as appropriate)
Signed: __________________________ Signed: __________________________ Sarah Corlett Anthony Holmes Senior Planning Officer Senior Planning Officer
Signed: __________________________ Signed: __________________________ 18 September 2013 13/90930/B Page 5 of 6
Michael Gallagher Director of Planning and Building Control
Jennifer Chance Development Control Manager
PA13/90930/B Empire Garage Ltd Erection of five lock up garages, Yard Stanley Road Peel Isle Of Man IM5 1NY Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 06.08.2013, includes;
Conservation Areas: Cons Areas: Peel Cons Area Dev Control Polygons: Reference Number: 86/01419/B Status: Permitted Proposal: Installation of power wash equipment, Empire Garage, Stanley Road, Peel Reference Number: 13/90930/B Status: Pending Consideration Proposal: Erection of five lock up garages Reference Number: 03/00819/D Status: Permitted Proposal: Erection of signage to parts building, Empire Garage BC Case Polygon: Reference Number: 13/07327/IND BC Case Status: Pending Consideration Proposal: Erection of Lock Up garages on vacant site
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