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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00958/B Applicant : Mr Richard Copisarow Proposal : Conversion of existing guest house and apartment to eight apartments with alterations and extensions and new vehicular access Site Address : Erin House Athol Park Port Erin Isle Of Man IM9 6EX
Planning Officer: Paul Visigah Photo Taken : 01.05.2024 Site Visit : 01.05.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 29.07.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The lack of Affordable Housing provisions within the scheme would fail to comply with the policy requirements of Housing Policy 5 of the Strategic Plan 2016, and a key objectives of the Area Plan for the South set out in Paragraph 4.2.2, and the scheme could be considered to not give adequate consideration to the increasing difficulties of securing the provision of affordable housing across the Island.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): Wensleydale, Athol Avenue, Port Erin, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): o Windways, St Georges Crescent, Port Erin;
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o Shidda, Athol Avenue, Port Erin; o 3 Glenview Terrace, Port Erin; o Inglewood, Athol Avenue, Port Erin; and o Droghadfayle Road, Port Erin.
As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): o Workshop, Athol Place, Port Erin; o Coan Beg, Athol Avenue, Port Erin; and o Fairfield, Athol Park, Port Erin;
As they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT PROPOSES A DEVELOPMENT OF 8 RESIDENTIAL UNITS.
1.0 THE SITE 1.1 The site represents the residential curtilage of Erin House, an existing detached four storey property which is situated on the corner of St. George's Crescent, where it meets Athol Park. The property sits at the northern end of Athol Park, although it is not attached to this terrace of dwellings. The property is a substantial dwelling which backs onto the rear lane which runs along the back of the Athol Park properties and which also serves the workshop and other residential properties within Athol Avenue which sits south of Athol Park.
1.2 The property which is a Victorian building with a projecting circular four storey bay with castellation parapets, has its parking and external stairs situated to the east of the property, and adjacent to Park Court. The site also has access to two garden areas; one situated to the front and the other to the rear (southwest of the building). A low stone boundary wall runs along most of the site boundary, only opening up at the vehicular access and pedestrian access.
1.3 The immediate street scene comprises mainly single residential dwellings on Athol Park, as well as a restaurant and Guest House (Athol Park Guest House), the Park Court apartment which sits directly east, as well as The Dorchester which sits just east of the Athol Park Guest House. The Athol Park Glen which is a public open space sits directly north of the property and the trace of properties on Athol Park. St Georges Apartments, which is situated within St Georges Crescent sits just west of the application site, only separated by the highway.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Conversion of existing guest house and apartment to eight apartments with alterations and extensions and new vehicular access.
2.2 The works would involve the total alteration of the floor areas on all the floors to create 8 new apartments comprising four small two bedroom apartments spread over the ground, first, second, and third floors; three large two bedroom apartments to be spread over the
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ground, first and second floors, as well as a three bedroom maisonette that would occupy the third floor and attic space.
2.3 The smaller apartments would have floor layout that would provide for an open plan lounge/kitchen/dining area, two bedrooms, a toilet, and a long corridor linking the spaces within the apartment with the entrance door.
2.4 The larger apartments would be laid out to provide an open plan lounge/kitchen/dining area, two bedrooms (one with ensuite), a toilet, and a small utility room. The larger apartments on the ground floor and first floor would both have an alternative entrance via a vestibule, with the apartment on the ground floor having sufficient space to house two bicycles.
2.5 The maisonette which would occupy part of the third floor and the attic space would provide an open plan lounge/kitchen/dining area, two bedrooms (one with ensuite), a toilet, a small utility room, and stairs on the third floor, while the attic space would house a large bedroom with ensuite and roof balconies (integrated within two rooflights.
2.6 Access to the new apartments would be via the main entrance door on the front elevation of the property which fronts onto Athol Park. An elevator and stairs would enable access to the upper floors. The new apartments would also have access to a secure bike, parking for six (6) cars, two to have tandem parking, a secure bin storage area, and storage shed for ground maintenance.
2.7 The floor areas of the proposed apartments would be as follows: a. Smaller (ground floor) - 46.8sqm; b. Larger (ground floor) - 92.8sqm; c. Smaller (first floor) - 47.2sqm; d. Larger (first floor) - 84.2sqm; e. Smaller (second floor) - 47.1sqm; f. Larger (second floor) - 85.8sqm; g. Smaller (third floor) - 47.1sqm; h. Maisonette (third floor - 88.1sqm and attic - 27.8sqm) - 115sqm.
2.8 The alteration on the building's façade will include the creation of new window fenestrations with new window installations, installation of new rooflights and roof balconies, installation of new Juliet Balconies, repair works to the existing chimney stacks, installation of new roofing, as well as boundary wall alterations.
2.9 Other works would include: a. Removal of the existing two storey annex on the rear elevation and refinishing the main elevation with a single line of similar windows. b. Removal of the external fire escapes and a forward extension of this section of the building by approximately 4m set back by approximately 600mm from the side of the existing flat roofed extension to provide a lobby for the new lift system with a small infill at ground and first floor levels to bring this in line with the existing extension behind c. Addition of a metal (powder coated aluminium) triskelion on the chimney stack facing Athol Avenue. d. Provision of 8 vertical bike racks on the side facing Athol Avenue. e. Provision of new railings to the entrance steps on the front elevation. f. Provision of new EWI and smooth lime render finish with mineral paint over the rear annex and new smooth lime render finish with mineral paint over all existing and new elevations. g. Re-instatement of the chimney pots on the northern chimney stack
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2.10 The applicants have provided a Planning Statement which sets out the rationale behind the development, assesses the site character and its relationship with the locality, refers to relevant planning policies, details the site planning history and history of nearby properties, provides details of the proposed development, whilst concluding that the proposal will result in a visual improvement to the appearance of the building and continued investment in and maintenance of a prominent building within a proposed Conservation Area. The application is also supported by a Public Parking Availability Log.
2.11 The applicants consider that Housing Policy 5 should not be applied as there are currently 2 apartments/units of accommodation in the premises, which would mean that only 6 new apartments are to be created in the building. They have also provided a Supplementary Submission in Respect of the Provision of Affordable Housing dated 8 July 2024, and a Financial Viability Appraisal which both seek to reinforce their position with regard to affordable Housing provision.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area designated on the Area Plan for the South as 'Predominantly residential' and within the Proposed Port Erin Conservation Area. The site is not prone to flood risks. The site sits close to but not directly adjacent the Breagle Glen (north) Registered Tree Area situated southwest of the application site.
3.2 Area Plan for the South 3.2.1 The Area Plan Written statement are considered relevant: a. Paragraph 3.8 (i) (a) - Housing will be provided; a. by the continued conversion or redevelopment of redundant or under-used land and buildings within the settlement boundary (which may include former hotels).
b. Paragraph 3.8 (ii) - The historical/architectural importance of the Village has been recognised by the identification of a potential new Conservation Area in Port Erin (see Map 7 for draft boundary).
c. Paragraph 6.5.5 - There is also scope throughout the overall area to consider the sympathetic conversion of Registered Buildings or buildings of historic or architectural interest in order that re-use will prevent the structure falling into disrepair.
d. Paragraph 7.3.5 - In terms of parking, it is not necessary to include specific requirements for the South. The Isle of Man Strategic Plan is relied upon for guidance on parking standards to be applied to new development and these standards are applicable across the Island. It is recognised that some of the older, more central parts of the larger settlements suffer parking difficulties from time to time. Whilst there are public car parks available in most town and village centres, they are often subject to different management arrangements and this can affect their availability. 3.2.2 Section 4: Residential Development "4.1 Introduction 4.1.1 Government's general policy priority in terms of housing is to "enable the provision of affordable and appropriate housing". One of the objectives which follows this aim stresses a commitment to "strive to provide sufficient and appropriate homes to meet the needs of the community".
4.1.2 The Island's most up to date population statistics and projections were included in the Department's Isle of Man Strategic Plan, 2007. The figures show a growing population on the Island, a rise in household numbers and a reduction in household sizes. There is a clear need to provide more residential properties on the Island in order to respond to these demographic changes and to provide for a range of house types and tenures. The Island's housing market is diverse and by planning for population growth and change, it presents an opportunity to
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address: the needs of first-time buyers; the needs of those seeking to move up the housing ladder; as well as the aspirations of those wishing to live in the countryside. Despite the fact that housing is a fundamental need for all communities it is often an issue which provokes debate and this applies equally to the affordable housing sector and the sector wanting to build new houses in the countryside.
4.2 Housing Provision in the South 4.2.2 In accordance with the Strategic Policies set out in the Isle of Man Strategic Plan, key objectives of the Area Plan are (In part): o to ensure an adequate supply of housing land; o to locate new housing primarily within existing towns and villages as identified in the Island Spatial Strategy of the Isle of Man Strategic Plan, or where appropriate, sustainable urban extensions of such; o to provide for affordable housing;"
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 a. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas. b. Environment Policy 34 - expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings. c. Environment Policy 42 - character and need to adhere to local distinctiveness. d. General Policy 2 - General Development Considerations. e. Strategic Policies 1, 2, 5 - relate to re-use of existing sites, location of new development within existing towns, and good design. f. Housing Policy 17 - Allows for the conversion of buildings into flats. a. Strategic Policies 3 - promote use of local materials and character. b. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). c. Strategic Policy 5 - New development, including individual buildings should be designed to make a positive contribution to the environment of the Island. d. Transport Policy 4 - Highway capacity and safety considerations. e. Transport Policy 7 - Parking considerations/standards for development. f. Paragraphs 8.13.1 to 8.13.3 of the Strategic Plan stipulates that all flats created through the conversion of buildings should also have a good external environment, characterised by; (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat; and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity. g. Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes. h. Energy Policy 5 - Proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment.
4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 Regard will be given to the recently released Residential Design Guidance 2021 in development of new dwellings. Section 5 for Architectural Details, 7.0 on impacts on neighbours, and 3.1 on the need to follow local distinctiveness would be vital for consideration.
4.2 Port Erin Draft Conservation Area Character Appraisal (July 2009) 4.2.1 Section 2.4.3 Qualities of the buildings and their contribution to the area 4.2.1.1 Paragraph 1: There are two key areas in the conservation area with dominant architectural styles; the buildings along the Promenade, and the boarding houses in Athol Park and Glen View Terrace.
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4.2.1.2 Paragraph 3: "Athol Park and Glen View Terrace The boarding houses included in the conservation area in Athol Park are nearly all of an identical design; terraced, with three storeys and a semi-hexagonal bay running the whole height of the building (the exceptions are Erin House which was built about 10 years later, which is crenulated and has a tower, and 1-3 Park Court which although relatively modern, was designed in a manner which is fairly sympathetic with the boarding houses of Athol Park). In Glen View Terrace the buildings are also nearly all the same (these are terraced, with 3 storeys and a semi-hexagonal bay on the ground and first floors), although there are also 2 houses which are semi-detached with mock timber frame detail on second floor at the front."
4.2.2 Summary Positive buildings in the area should be used as exemplars for future design in the area, and any planning applications for their demolition should be carefully considered whilst being mindful of the current Planning Policy toward the retention of buildings of merit within a conservation area. Positive buildings identified within the Conservation Area Appraisal are: o Athol Park and Glen View Terrace
4.2.3 Tourism 4.2.3.1 Paragraph 2: Following the opening of the railway line from Douglas to Port Erin in 1874 there was considerable development in the village with the building of hotels on the Promenade in the 1880s and then boarding houses further away from the sea (in particular in Athol Park and Glen View Terrace) in the 1890s and early 1900s.
4.2.4 Section 2.4.2. Characterisation 4.2.4.1 "Boarding houses This area consists of Athol Park, Glen View Terrace and Athol Park Glen and incorporates boarding houses built in the 1890s and early 1900s. Athol Park Glen was landscaped as a public amenity by internees in circa 1942. This area is of importance in the conservation area because although less impressive architecturally than the seafront hotels, these buildings also demonstrate an important part of the history of tourism in the area. In addition, nearly the whole of the area is made up of boarding houses and as such there is a consistency of style. Furthermore, it is particularly fortunate that, despite minor alterations (particularly the introduction of PVC windows), the majority of the buildings in the area remain largely unaltered externally."
4.3 Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 4.3.1 The Order defines primary window to mean a main window serving a living room, a dining room, or a kitchen that includes dining facilities.
4.4 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.
5.0 PLANNING HISTORY 5.1 The site has been the subject of the following previous planning applications which are considered relevant in the assessment and determination of the current application:
5.2 PA 95/01069/A for Approval in principle for conversion of nursing home into restaurant and living accommodation was refused by the Planning Committee on 17.11.1995.
5.3 An application for Approval in principle to demolish existing building and its replacement with a building accommodating apartments under PA 07/00890/A was approved by the Planning Committee on 16.08.2007.
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5.3.1 Relevant Conditions of that approval: i. Condition 2 (Timing of Reserve matters Application): This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
ii. Condition 5 (Affordable Housing): "If the application for reserved matters proposes 8 apartments or more, provision must be made for 25% of these units to be made available on an affordable basis in accordance with Housing Policy 5 of the Strategic Plan and the application must demonstrate how this will be achieved.
The applicant is encouraged to discuss this element of the scheme with the Housing Directorate of the DLGE."
5.3.2 The applicant was not taken up during the stipulated period and as such expired.
5.4 PA 08/00761/B for Installation of replacement kitchen window was approved for the site on 10.06.2008. The Officer Report referred to the property as an existing detached dwelling, and approval was granted on the basis of the window change being carried out on a single detached dwelling.
5.5 There is no evidence from the approval history or any supporting information that clearly shows that the property has been the subject of a change of use from a use falling within use classes 3.1 (Hotels and guest house), 3.3 (Dwellinghouses) or 3.5 (Houses in multiple occupation) to a use falling within 3.3 (Dwellinghouses), or a combined use as 3.1 and 3.3. It would be vital to point out that for this to be relevant it would have needed to have been carried out and brought into use (and clearly shown on the existing drawings and maintained thereafter).
5.6 From review of the Planning History for the site, it would appear that the last planning application for the site with a reference to an authorised use was in 1995 (95/01069/A) which was for approval in principle for conversion of nursing home into restaurant and living accommodation, following on from that the applications in 2004, 2007 and 2008 appear to indicate (from the application forms) that it was a private residence. The Town and Country Planning (Permitted Development) Order 1994 made provision for the change of use from a residential care home to a dwelling. Assuming that this was the case and the previous owners implemented this permitted development right then the authorised use of the building was a single dwelling. Since that time there have been no further applications for change of use of the building.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division have stated that they do not oppose this application subject to conditions covering the following (4 September 2023):
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4. Secure and lockable cycle parking details to be submitted for agreement and implemented before first occupation of the site.
6.1.1 Following review of amended plans, DOI Highways have stated that the proposals continue to be acceptable to HDC on parking, access, sustainability and servicing, and as such they continue to not oppose subject to suggested conditions the border on Access, parking layout, bin storage and cycle storage; Access visibility splays; and the parking arrangement with tandem spaces shown on the approved 'proposed site layout' plan (28 February 2024).
6.2 The DEFA Ecosystem Policy Team have made the following comments regarding the application (3 June 2024): o They have no issues with this application. o They state that should the applicant wish to include an enhancement for wildlife on site, the applicant should consider installing integrated swift nests bricks into the building when the works are taking place. o They note that Erin House is very suitable for swifts as it is in close proximity to other nest sites and it is of a very good height to accommodate swifts. o They provide an advisory regarding swifts.
6.3 The Acting Head of DM (DEFA) provided advice regarding assessment of Affordable Housing for the property in correspondence dated 21 June 2024. Details of the Correspondence are on the online file for the application.
6.4 Port Erin Commissioners support the application (13 March 2024).
6.5 The owners/occupiers of the following properties object to the application: a. Windways, St Georges Crescent, Port Erin (28.03.24/29.03.24); b. Wensleydale, Athol Avenue, Port Erin (28.03/23/30.08.23/11.09.23/12.09.23/8.04.24); c. Shidda, Athol Avenue, Port Erin (28.08.23); d. Workshop, Athol Place, Port Erin (01.09.23); e. Coan Beg, Athol Avenue, Port Erin (04.09.23); f. 3 Glenview Terrace, Port Erin (07.09.23); and g. Inglewood, Athol Avenue, Port Erin (20.09.23).
6.5.1 They refer to the following reasons: o Insufficient off road parking in the plans to cater for 8 apartments; o Whilst the parking availability survey concluded that there were between 53% and 91% vacant parking spaces on St Georges Crescent, the majority of these vacant spaces will be up towards Breagle Glen and not in the lower part of St Georges Crescent closer to Erin House which are regularly fully occupied. o There are only about 5 / 6 legal parking spaces on the small adopted section of Athol Avenue, yet the applicants parking availability study alludes to the fact that there are 17 public parking spaces on Athol Avenue. o The Majority of Athol Avenue is a private road and should be discounted from any public parking calculations. o Increased demand for parking in the area. o They note that with the Anchorage Guest house, Restaurant and various self-catering establishments in the area, the summer has been particularly tedious for parking spaces. o The proposal constitutes an overdevelopment of the site, considering the existing local parking infrastructure. o They note that the applicant the applicant asserts that Erin House is an existing guest house, whilst stating that this does not accurately reflect the fact that Erin House has functioned as a residential dwelling for several years. o They refer to the need for consideration to be given to ensure that no hindrance is made for emergency services to access the Athol Avenue.
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o Sustainability: the proposal does not provide for vehicle/bicycle charging, nor does it integrate sustainable energy sources.
6.6 The owners/occupiers of the following properties support the application: a. Fairfield, Athol Park, Port Erin (19.9.23/26.09.23); and b. 42 Droghadfayle Road, Port Erin.
6.6.1 They support the application for the following reasons: o The scheme would breathe new life into the area, and provide more homes which is in short supply within the area. o The site is close to all shopping facilities, public transport, restaurants, etc, which are all within 100yards of the property. o The scheme provides for cycles and EV Charging points. o They not that Erin House is within the Athol 20 ( 'Home Zone' area which has an on street parking (20 mph zone) and parking at St. Georges Crescent which is directly opposite Erin House. There is also parking adjacent the Iris Tanks and pumping station, plus public car park adjacent the bus station.
6.7 DOI Housing have not made any comments on the application, although they were consulted for comments on the application.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment and determination of this application are: a. The principle of the proposed development; b. Impact of the character or appearance of the site and Proposed Conservation area; c. Adequacy of private amenity for future occupants; d. Potential Impacts on neighbours; and e. Impact upon highway safety/parking provision;
7.2 THE PRINCIPLE (GP2, HP 17, STP 1 & 11) 7.2.1 In assessing the principle of the proposed development, it is considered that the site lies within an area designated as Predominantly Residential use on the Area Plan, and within the defined settlement boundary for Port Erin, where the proposed development would be judged to be in conformity with the adjoining uses.
7.2.2 It is also vital to note that there is support within the Area Plan for the continued conversion or redevelopment of redundant or under-used land and buildings within the settlement boundary (which may include former hotels) as detailed in Paragraph 3.8 of the Area Plan Written Statement.
7.2.3 Further to the above, the Isle of Man Strategic Plan 2016 seeks to locate new housing and employment close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal given its proximity to existing public transport corridors in Port Erin, The Train Station, and the bus Station. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island.
7.2.4 Therefore, in terms of the acceptability of the use of the site for the proposed residential development of 8 Apartments, it is concluded that the proposal basically accords with the goals of Strategic Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. It is, however, worth noting that the factors highlighted above are not automatic reasons to allow the development, as such further site specific impacts as listed above (in section 7.1
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above), need further consideration to determine whether the proposal would be suitable for the site and area.
7.3 CHARACTER AND APPEARANCE (GP2, EP 35, STP 4 & 5, & Character Appraisal) 7.3.1 In assessing the potential visual impacts of the proposed works on the existing property, it is noted that the proposal seeks to make alterations to the external appearance of the building with the particularly noticeable elements being the creation of new window fenestrations and the installation of new UPVC top hung casement windows to replace the existing timber casement windows on the front elevation of the dwelling, the installation of new roof balconies, change of roof tiles, addition of new mono-pitch roof elements, changes to the chimneys, and these are judged to respect the character and appearance of the existing dwelling, such that they would not result in adverse visual impacts. It should be noted that the new windows would be of similar appearance, proportion, and materials as the existing UPVC top hung casement windows on the dwelling.
7.3.2 With regard to the installation of the new roof balconies on the west elevation which is publicly noticeable, it is noted that these are not a common feature within the immediate vicinity. However, these are considered appropriate given the design and size, and as rooflights can be found of the front roof plane of properties within the street scene and Conservation Area.
7.3.3 The replacement front door is proposed to be black composite UPVC door (in Wood effect), with panels that are similar to the door on neighbouring properties. Whilst this door is not similar to the existing door as the style is not like for like with the existing front door, the proposed style is judged to be sufficiently in keeping with the doors used in the immediate vicinity, and would offer an improved appearance over the existing front door, so as to preserve the character of the Conservation area.
7.3.4 In terms of the impacts of the flat roofed extension to the east elevation of the dwelling, given its location within the indented section of the building's façade, and its design and finishing which would offered an improved appearance over the external stairs that existed on this part of the property, it is considered that this would have a neutral impact on the character and appearance of the site and Proposed Conservation Area.
7.3.5 Overall, it is considered that the majority of the works proposed to the external elevation would preserve or enhance the character and appearance of the site and area (as they would improve the appearance of the building), with some of the works having a neutral impact on the character and appearance of the Conservation Area. As such, it is considered that the proposal would not conflict with the provisions of Environment Policy 35, as the proposal will ensure that the special features contributing to the character and quality of the site and area are not adversely impacted.
7.4 POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS (HP 17 & GP2) 7.4.1 As outlined within Housing Policy 17 each apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". With regard to the application site, it is noted that the windows to the principal rooms for all the created flats have pleasant clear outlook. The primary living rooms on all the floors within the residential units would have windows which would have views towards the adjoining streets. Accordingly, it is considered that the outlook would be acceptable in this case.
7.5.2 Additionally, the apartments would have a dedicated bin storage area with sufficient space for recycling bins as well, and secure bike storage area with access to Athol Park which will be of huge benefit to the occupants of the apartments. While no outside drying space has been provided, this generally hasn't been considered as unacceptable in a number of similar applications throughout the Island, as it is generally accepted that tumble dryers are an
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acceptable alternative. Overall, it is considered that the proposal would comply with Housing Policy 17.
7.4.3 Furthermore, there is ease of level access to good public open space that would provide an added degree of amenity provision in the area, namely Port Erin promenade, the beach and other leisure areas off the promenade. Overall, it is considered that the proposal would comply with Housing Policy 17.
7.5 IMPACT ON NEIGHBOURS (GP2 & RDG 2021) 7.5.1 In terms of impacts on neighbours, it is noted that the element of the proposal with the potential to impact on neighbours are the erection of the roof balconies on the western roof plane, and the new window fenestrations on this elevation, given that they have the potential to introduce overlooking. However, the intervening vegetation situated across the road, and the separating distance between the affected elevation and the neighbouring property at Mont- y-Mer, St Georges Crescent, Port Erin (situated just west), which is over 34m would ensure that any privacy concerns is minimal and not sufficient to warrant refusal of the proposal.
7.5.2 The introduction of the new Juliet balconies as replacement for existing windows on the east elevation also hold the potential to result in overlooking concerns for the rear of Park Court, Athol Park. However, any concerns are diminished by the fact that this parking area at the rear of Park Court is already overlooked significantly, with the new Juliet balconies not considered to significantly alter the existing situation. Furthermore, the use of this rear space is not such that could be judged to be private, a condition which aligns with the guidance provided by the Residential Design Guide for measuring intensity of overlooking as set out within Paragraph 7.5.2 the RDG 2021 which indicates that the intensity of overlooking depends on the following factors; the use of the overlooking spot, the use of the area being overlooked, the typical duration of usage, and any mitigation methods that can be used to reduce the overlooking.
7.5.3 In terms of the potential impacts of the proposed three storey flat roofed extension to the east, it is considered that this element of the proposed works would bring built development closer to the neighbours at Park Court, Athol Park, with potential to result in overshadowing and overbearing impacts. Notwithstanding, there are no windows on this side of the neighbouring property where the extension is to be situated, such that no adverse impacts would result.
7.5.4 Based on the foregoing, it is considered that the proposed works to the property would not result in significant adverse impacts on neighbouring amenity.
7.6 IMPACTS ON PARKING/HIGHWAY SAFETY (GP2, TP 6, TP 7) 7.6.1 In terms of parking provisions, it is considered that the proposal would provide six parking allocations for the apartments, which would amount to a shortfall of about 10 parking provisions noting the requirements in Paragraph A.7.6 of the Strategic Plan regarding parking provision for apartments. The new parking provisions which would be created by the lowering of the boundary wall to the west and creation of new hardstanding areas also hold the potential to create highway safety concerns as the new parking area to the west would sit next to a steep bend on the road. However, the advice offered by DOI Highway Services confirms that they do not oppose the application, subject to conditions, which indicates that the scheme as proposed is acceptable from the DOI Highways Perspective.
7.6.2 The fact that the application is supported by parking surveys is noted. Nonetheless, there are concerns with the information contained in this survey, with the neighbours questioning the details contained in this survey, whilst highlighting the lack of parking provisions at the area during peak periods in the evenings and weekends. The site visit also showed that parking in the area could be limited on some days and times, although it would be
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worth noting that the site is close to existing public transport corridors within Port Erin, and the site is also within a 150m walk to the Port Erin Bus and Train Station.
7.7 AFFORDABLE HOUSING (HP5) 7.7.1 As indicated by Housing Policy 5, the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 2 affordable units would generally be required given that 8 dwellings are currently proposed.
7.7.2 In this case, the applicants have not made provision for any unit of affordable housing which would fail to meet the requirements of Housing Policy 5 of the Strategic Plan. Whilst the applicants have justified their non-provision of affordable housing through the provision of a viability appraisal, it would be vital to note that there is no provision within the Strategic Plan for variations to be allowed for the non-provision of affordable housing, neither is there reference made in any part for exceptions to be allowed should sufficient viability assessments be made to show that affordable housing would make scheme unviable. As such, it is considered that the scheme as proposed would completely be at variance with the provisions of housing Policy 5, and the supporting texts.
7.7.3 The argument put forth by the applicants that that Housing Policy 5 should not be applied as there are currently 2 apartments/units of accommodation in the premises is also noted. However, the plans clearly show that the entire building layout would be altered to create 8 new apartments, which means that affordable housing needs to be provided to account for the 8 new apartments on site. Further to the above, there is no history of approvals for an apartment on site, nor has there been an application for certificate of lawful development for such change at the site. Besides, even if such apartments existed, the proposal seeks total alteration of the floor area to enable the creation of the 8 new apartments.
7.7.4 It should be noted that the provision of affordable housing is a material consideration in the preparation of the development plan, and has been identified within Paragraph 8.6.1 of the Strategic Plan as a means to secure an adequate provision of affordable housing. It is also clearly stated within the Area Plan for the East Written Statement that Affordable Housing Provision is a key objective of the Area Plan (See Section 4.2 on Housing Provision in the South). In addition, Paragraph 4.1.2 of the Area Plan states that Government's general policy priority in terms of housing is to enable the provision of affordable and appropriate housing, whilst also reinforcing a commitment to strive to provide sufficient and appropriate homes to meet the needs of the community. Thus, the policy position is clear on the need for affordable housing provision to be integral to new developments.
8.0 CONCLUSION 8.1 Granting the proposals would not have significant adverse impacts upon public or private amenities, or parking and highway safety, the lack of affordable housing provision weighs considerably against the proposal such that it would fail to comply with the requirements of Housing Policy 5), as it fails to take cognisance of the increasing difficulties of securing the provision of affordable housing across the Island. The proposal is, therefore, considered to be at variance with the Strategic Plan and the Area Plan for the South, and is recommended for refusal on this basis.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure;
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(d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Refused... Committee Meeting Date:...05.08.2024
Signed :...P VISIGH... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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