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Application No.: 11/00231/A Applicant: J T Skillicorn Ltd Proposal: Approval in principle for the erection of lock up garages Site Address: Land To Rear Of Garage Church Road Onchan Isle Of Man ### Considerations Case Officer: Miss Laura Davy Expected Decision Level: Officer Delegation ### Written Representations ### Consultations Consulttee: Highways Division Notes: see below. Consulttee: Onchan Commissioners Notes: Approve 06.04.11 - Amended plans.- Approved. 03.5.11 - Approve. Consulttee: Drainage Division Notes: Objection. 07.06.11 - The Authority would like to withdraw our objection No objection
The application site is the curtilage of Land to the rear of Garage, Church Road, Onchan. The parcel of land is an area of hardstanding to the rear of an existing garage on Church Road. To the south of the application site is Royal Court, to the west is The Rowans, to the east is St Peters Church and to the north is H Minays Garage. Part of the site lies within Onchan Conservation Area.
The application seeks approval in principle for the erection of lock-up garages.
The following previous planning applications are considered specifically material in the assessment of the current application: PA 96/00262/C Change of use from waste ground to storage area for building materials The above application was refused on review PA 05/01605/A Approval in principle for the erection of a workshop, storage and office unit
The above application was refused for the following reasons:
The planning application fails to:
a) Provide sufficient details of the vehicle parking and access arrangement for the proposed development; and b) Provide sufficient details of the access arrangements, including sightlines and visibility splays, for the proposed development.
Notwithstanding the first reason for refusal the proposed development is contrary to the zoning of the Isle of Man (Onchan Local Plan) Order 2000. Under this local plan the application site is entirely within an area zoned for residential/office/retail mixed use development. The proposed use does not accord with that zoning.
Notwithstanding the first reason for refusal it is also considered that by virtue of its potential visual impact, noise nuisance, traffic generation and general disturbance the proposed development and its subsequent use would have an unacceptably adverse impact on the amenity of the surrounding area and in particular the residential amenity of the surrounding residential dwellings.
The application site is within an area zoned as "Mixed Use – Residential/Offices/Retail" part of the site is also within the Onchan Conservation Area identified on the Onchan Local Plan 2000. It is appropriate to consider the relevant points from General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).
Highways Division have made the following comments: "The access to the garages requires to be 4.1m wide for its entire length to ensure that 2 vehicles can pass. The 1:500 scale site location plan provided shows an access of only 3.5m close to the access onto the highway. This is likely to result in vehicles waiting on the carriageway to allow vehicles to exit the access causing additional congestion on Church Road.
The garages are only 2.5m wide; this is only 10cm wider than a standard car parking space. It will be difficult to manoeuvre in and out of a car when it is parked in the garage. The garage doors are only 2.135m wide, the recognised minimum is 2.3m.
The garages as proposed are not suitable for storage of cars and it would be more appropriate to call them storage units. However this use would require parking spaces to be provided at 1 space per 100sqm. The application is recommended for refusal."
The applicant has since submitted amended plans to try to address these issues, the Highways Division has submitted further comments: "The plans are very inconsistent, 3 sites plans that show different layouts, wrong scales, different site outlines. Although this is an existing access due to the increase level of vehicle/pedestrian use and use for commercial purposes it is treated as a new access when assessing the standards required. Vehicular visibility of 2m x 90m is required to the left and pedestrian visibility of 2.1m x 2.1m in both directions. There are no visibility splays shown on the plans and the plans are inadequate to determine if the visibility is achievable. It is not possible to determine if there is adequate space for manoeuvrability within the site. I would object to any increase in use of this access unless the required visibility can be achieved."
Onchan Commissioners recommend that the application be approved.
Isle of Man Water and Sewerage Authority object to the application and have made the following comments: "The proposed garages would be built over a large diameter public surface water and sewer as shown in drawing named Site Location Plan." Amended plan has since been received.
The owner/occupier of The Rowans, 9 Church Road, Onchan would have no objection to lock up garages on the following conditions: "1) That the garages are for private use only and this is not an attempt to get the industrial premises applied for last time. 2) That before any work is commenced; the 8 feet roadway over which we have right of way is properly surfaced. In the past every development in this area has resulted in the roadway being churned up and then left in a mess."
The owner/occupier of Hillside, 128 Royal Avenue, Onchan objects to the proposal for the following reasons: "the privacy and the noise would be detrimental to this area."
The owner/occupier of 19 Church Road, Onchan object to the application, in summary the following comments have been submitted: "Number 17 has insitu a culvert under the property with pipes running diagonally across the application site. Church Road is very busy; vehicles would have to exit onto Church Road. Part of the application site is a Conservation Area. There is also concern regarding air pollution."
The owner/occupier of 17 Church Road, Onchan has concerns regarding noise and disturbance as well as access.
The application seeks permission for the approval in principle for the erection of lock up garages, just off Church Road. The following issues are considered relevant in the assessment of the application:
The application site is in an area zoned as "Mixed Use – Residential/Offices/Retail" identified on the Onchan Local Plan 2000. 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.
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 which adjoin the site, it is therefore important to assess the potential impacts to the amenities of these properties. The closest properties are The Rowans, Royal Court, St Peters Church and Dukes Glebe which are the properties on Church Road adjacent to Haydn Minay Garage.
There is an existing commercial garage situated on Church Road which backs onto the application site, the proposed development would be significantly different from the existing garage in terms of the hours of operation and who would use the site. 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 existing garage being run in hours that most local residents would be at work. The residential garages proposed would be used out of working hours which may result in increased noise and disturbance to the area.
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.
It would be difficult to enforce the use of the lock-up garages for residential purposes such as general household storage and vehicle storage only. The garages could be used for a number of purposes, such as a domestic scale workshop which could alter how the site is used quite significantly from what is being proposed.
It is considered that the proposed use of the site may result in noise disturbance to the residential properties which adjoin the site. It is also judged that the proposed development would have a harmful impact on the visual amenities of those local residents, particularly those that live at Dukes Glebe, the rear of those properties would be approximately 5m from application site, therefore they would look onto the rear of the lock-up garages.
For the above reasons it is considered that the proposed development would have a harmful impact on the amenities of local residents.
General Policy 2 requires development proposals to 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.
The use of the site as lock up garages would change the character and appearance of the site, the existing site is at present an open space which a number of residential properties overlook. As well as a change in the appearance of the site there would be a significant change in the character.
Although the site is zoned for development for mixed use purposes, this reflects its existing relationship to the mixed commercial area of Onchan's main thoroughfare. However it provides a valuable open area which contributes to the character and appearance of the area, and provides some breathing space between dwellings and other buildings.
The proposed development would change the site to be an area of hard standing with a number of lock up garages, which would be visually unattractive. It is considered that the proposed development would significantly alter the character and appearance of the site and would be at odds with the adjoining residential properties.
Although the proposed use of the garages is vehicle storage for residential use, it is considered that the use of the proposed development would be significantly different from the residential properties that adjoin the site.
The Highways Division originally objected to the application however the applicant submitted amended plans to overcome some of the Highways Division's concerns.
The amended plans do not overcome the Highways Division's concerns, it is considered that the plans remain insufficient, in so far as they do not demonstrate how cars could adequately manoeuvre an and out and through the site, nor do they show adequate visibility splays.
Although the site would be accessed utilising an existing access, the site is currently unoccupied and therefore does not give rise to highways safety issues. The proposal would undoubtedly result in a large number of vehicle movements on the highway. It is anticipated that this could impact on highway safety and the application does not provide any evidence to dispel this viewpoint.
For the above reasons the application is considered to be unacceptable and is recommended for refusal.
The local authority, Onchan Commissioners 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.
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.
The owner/occupier of 17 Church Road, Onchan are afforded party status as they are adjoining land owners. The owner/occupier of 19 Church Road, Onchan are afforded party status as they are adjoining land owners. The owner/occupier of The Rowans, 9 Church Road, Onchan are afforded party status as they are adjoining land owners. The owner/occupier of Hillside, 128 Royal Avenue, Onchan are not afforded party status as they are not adjoining land owners
Recommended Decision: Refused
Date of Recommendation: 21.06.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. 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 amenity of local residents and the character of the locality.
R 2. The proposed development 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 Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).
R 3. The proposal would result in an increased number of vehicle movements onto Church Road. It has not been demonstrated that adequate visibility splays could be achieved, and it is concluded that the proposal could result in undue harm to highway safety contrary to General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Senior Planning Officer.
Decision Made : Refused Date : 21/6/11
Signed : Michael Gallagher Director of Planning and Building Control Deleta as appropriate
Signed : J. M. M. C. Jennifer Chance Senior Planning Officer
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