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Environmental Policy 35, which 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." "Environmental Policy 39, which states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area." Environmental Policy 42, which states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." Environmental Policy 43, which states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition." Housing Policy 5, which states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." Housing Policy 17, which states: "The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area." Transport Policy 1, which states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." Transport Policy 4, which states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." Transport Policy 7, which states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." 3 June 2009 ## Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: - 00/01022/B Extension and conversion of office to form 5 flats, 13 Atholl Street, Peel. Refused. - 00/02158/B Conversion of existing building and extension to create 5 flats, 13 Atholl Street, Peel. Refused. - 98/00503/BChange of use from bank/residential to offices for individual letting, 13 Atholl Street, Peel. Permitted. - 06/01805/B Conversion of existing dwellings and erection of an extension to side elevation to form 8 self-contained apartments with associated parking. Permitted. ## Representations Peel Town Commissioners do not object to this application. The Department of Transport Highways Division does not object to this application on the basis that the site is in a town centre location and is within the Conservation Area. A detailed response from the Department of Transport Highways Division is set out in the assessment section of this report. The Estates and Housing Directorate of Department of Local Government and the Environment has commented on this application stating that on completion, the proposed flats must, comply with the requirements of the Housing (Flats) Regulations 1982. The Disability Access Officer has advised that a level access should be provided into the building. Manx National Heritage has provided a brief architectural assessment of Atholl Street. Their conclusion is that the most appropriate manner in which to replace the existing buildings is to replicate the principal facade of the property in order to protect the character of the Conservation Area. The Office of Architecture of Department of Local Government and the Environment, has commented on this application stating that having given due consideration to land availability and demand for both first time buyer and public sector housing in the Peel area, the applicant proposes 13 no. apartments and therefore a provision of 3 or 4 units (13 x 25%) should be provided as affordable housing. The owner/occupier of 33 Ballaquark, Douglas has commented on the accuracy of the submitted plans. The owner/occupier of Close Beg, Atholl Street objects to this application raising points relating to a boundary wall. These comments are not material to this planning application, being instead civil matters however additional comments relating to parking provision have been made. ## Assessment The main issues to be considered in the assessment of this application are: - Impact upon the Conservation Area; - Impact upon the local highway network; - Amenity. For purposes of clarity, each of these issues will be considered in turn. 3 June 2009 ## Impact Upon The Conservation Area In terms of the impact upon the Conservation Area, the proposed development would involve the demolition of an existing pair of buildings located within the Peel Conservation Area and as such careful consideration must be given to establish whether this is acceptable and whether the building proposed to replace the existing buildings is appropriate. The assessment of these issues must be set against the backdrop of extant planning policy, namely Environmental Policies 35 and 39. Environmental Policy 35 requires all development within the Conservation Area to preserve or enhance the character of the area whilst Environmental Policy 39 sets out the general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. Numbers 13 and 15 Atholl Street are one of three pairs of town houses located towards the southern end of Atholl Street on the western side of the road. The buildings are relatively attractive although their condition has deteriorated somewhat through lack of maintenance and the initiation of works relating to PA06/01805/B. It is considered that the presence of the buildings contributes to the historic character of the peel Conservation Area. There is, as set out above a presumption against the demolition of buildings that contribute positively to the character or appearance of the Conservation Area. The essence of conservation policy is to retain historic built fabric, in so far as this practicable. The application is supported by a report from a structural engineer who has assessed the existing buildings, concluding that they could be saved although there are some significant structural defects which would have to be overcome. The expense of such repairs are not material to a planning decision although this information is useful in understanding the decision made by the applicant to propose demolition as opposed to part or full retention. The external appearance of numbers 13 and 15 Atholl Street is relatively plain with simple details and smooth rendered walls. It is judged that there is little intrinsic value arising from the buildings themselves and it would be possible to accurately replicate the existing buildings in terms of appearance. The buildings have little in the way of patterns of age which may result from a particular external finish having weathered over time. Instead the front facades of the buildings have relatively crisp detailing. The submitted plans show that the existing timber front doors would be retained for re-use on the proposed buildings which would assist in retaining some of the original features of the buildings. Numbers 13 and 15 Atholl Street are of interest mainly due to the group value as part of a terrace. Nevertheless, neither is a registered building and do not have any close historical association with nationally important people or events. In their present condition, the buildings look rather sad and neglected, and scarcely make a positive contribution to the appearance of the Conservation Area. There is a danger that, if this development is not allowed, this situation will persist with the buildings falling further into disrepair. On balance it is concluded that the demolition of numbers 13 and 15 Atholl Street and the erection of a replacement building probably offers the best solution. It is considered that in this particular case, demolition of the existing buildings and the erection of a replacement building with a replica front facade would be marginally acceptable. It is important to note that this judgement is reached in this particular case due to the specific characteristics and structural condition of the existing buildings. In all but exceptional cases, historic buildings within a Conservation Area play an important role and their demolition, even with the erection of a replica building, would not represent the preservation or enhancement of the surrounding area due to the loss of special features and the patterns of age which cannot be easily or faithfully imitated. It is concluded that the demolition of the existing buildings and the erection of a replacement building which replicate the front facade of the existing buildings would be acceptable in this case as the 3 June 2009 proposed building would preserve the character or appearance of the area, in accordance with Environmental Policy 35. ## Conservation Officer'S Supplementary Report As numbers 13 and 15 Athol Street are located within the Peel Conservation Area (designated in 1990) the content of this application has been considered with particular regard to Policy CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas and POLICY CA/6 DEMOLITION as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man. When considering an application within a Conservation Area, it is necessary to take into account whether that application preserves or enhances the character of that conservation area. As this application proposes the demolition of the building, Policy CA/6 states that 'the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation area.' The policy goes on to say that similar criteria to that of policy RB/6 Demolition of a Registered Building will be applied. That being that an applicant should be able to demonstrate the following considerations: - "The condition of the building, the cost of repairing or maintaining it in relation to its importance and the value derived form any use. The adequacy of efforts made to retain the building in use. The merits of alternative proposals for the site." The Structural Engineers Report forming part of the application whilst not overly detailed does draw attention of the former addition of buttressing to the rear "to alleviate outward movement in the rear wall". The Structural Report also sets out that the methods necessary to retain the existing façade in order to carry out the proposals "would be the most expensive and difficult option to achieve, compared to the safer option of taking down and rebuilding." The applicant's proposals would clearly have a major impact on the integrity of the existing building and its ability to cope with the proposals imposed on it and whilst not widely demonstrated within the application, the justification appears sound. - With regard to the adequacy of efforts to retain the building in use and the merits of alternative uses for the site, the previous application 06/01805/B for the conversion of existing dwellings and erection of an extension to side elevation to form eight self contained apartments with associated parking was approved, but not taken up. It is understood from meeting with the applicants that this revised scheme is in response to the current economic climate and represents an area of the market that is still sort after. In considering whether the proposals enhance the conservation area, it is necessary to consider the building currently on the site. In this case, the existing three storeys, rendered buildings are late 1800s with canted bays, heavy string courses at the junction of the Ground and First Floor and the head of the Second Floor. The fenestration is portrait in format which follows the rhythm of the fenestration of the remainder of the street. Numbers 13 and 15 form a semi-detached pair in a streetscape of similar period, but differently detailed Victorian facades in the street. There is little to say about the proposed design of the replacement building as it replicates the design of the existing pair of buildings with the addition of a further unit on the currently vacant lot alongside which allows vehicular access to the rear of the site. The existing building does contribute to the formation of the Victorian streetscape but the individual building, whilst not a poor Victorian design, is not of significant Landmark Quality, being of the Victorian period is not of significant Age & Rarity and not of significant Architectural or Historic Interest. 3 June 2009 On balance, this scheme is neutral in whether it preserves or enhances the Conservation Area. Given the findings of the Structural Engineer in his report and therefore the apparently poor condition of the property, the replication of the former façade within the streetscape, I therefore recommend approval of these proposals. ## Impact Upon The Local Highway Network The proposed building would provide 13 self contained apartments with 7 associated off-street parking spaces, 1 being designated as a disabled space. This equates to a parking standard of 0.5 spaces per unit. The Parking Standards set out within the Isle of Man Strategic Plan, Appendix 7 require 2 spaces per two bedroom apartment and as such in this case, 26 spaces would normally be required. The Parking Standards can be relaxed where development: "(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality." It is considered that this proposal merits consideration with regard to parts (b), (c) and (d) above. The site represents a brown field site located within the Conservation Area on a street which is level and has convenient access to local amenities, including a shop, a bank, several churches and the town's bus depot. The proposed development would, through sympathetically replicating the principal facade of the existing buildings, preserve a sensitive streetscape and as such part (b) above is relevant. The site is within a Conservation Area and the proposed development would, it is considered assist in enhancing the surrounding area. Furthermore, the location of the proposed development is considered to be particularly sustainable, providing level access to a shop ( 16 metres from the front door of the property), the Peel bus depot ( 65 metres from the front door) and a chemist ( 80 metres from the front door). The amenities of the town's shopping street are also in close proximity. It is judged that the location of the site is such that there would not be an unacceptable increase in on-street parking as a result of the proposed development. The location would assist in achieving the aims set out within Strategic Policy 10 by (a) minimising journeys, especially by private car; (b) making best use of public transport; (c) not adversely affecting highway safety for all users, and (d) encouraging pedestrian movement. Furthermore, consideration should be given to the fact that the existing buildings are provided with no off street parking facilities. It is concluded that the proposed development, by virtue of the location of the site, would comply with Strategic Policy 10 and Transport Policy 4 set out above. This conclusion rests on the acceptance that the site is well located to be served by existing infrastructure which would reduce demand for private car ownership and resulting demand for parking spaces. It is also noted that future occupiers of the building would be aware of the limited on site parking provision. This is a balanced judgement and if members do not accept this conclusion, instead taking the view that the proposed parking is inadequate to serve the development even in this location then this could form a reason for refusing this application. ### Department Of Transport Highways Division Response This application proposes 13no 2 bedroom apartments newly built on a restricted brownfield site within a conservation area. 7no car parking spaces, including 1 disabled space, have been provided. The existing use of the site is 2 large semi-detached houses with no car parking provision. The parking standard in the Strategic Plan requires 2no spaces for each newly built 2 bedroom apartment, a requirement of 26 spaces. There is no requirement to provide disabled parking provision. There is provision within the strategic plan to accept a reduced parking standard where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. In his letter of 26th May the applicant is attempting to justify a reduction in the parking standard on the basis that the apartments are to be geared towards occupancy by over 55's, for use as affordable housing and with a possible restriction on occupancy dependant upon vehicle ownership, however the Strategic Plan does not allow for a reduction in parking standards in these situations and the application has been assessed without reference to these issues. The application site is within a conservation area and, while it is a new built development, it is replacing an existing building on a restricted brownfield site. Although the footprint of the new building is larger than the existing, the proposal has made good use of the remaining land to provide a balance between amenity space and car parking provision. The parking provision could only be improved by decreasing the footprint of the building or incorporating parking within the structure which may impact negatively on the ability of the building to benefit the character of the conservation area in accordance with point (c) above. The applicant has not demonstrated that there would not be an unacceptable effect on street parking in the locality however; the proposal is in a town centre location with good access to public transport and other amenities such as shops within reasonable walking distance. There is limited disc parking provision on Atholl Street and a public car park within 100 metres of the site. It should also be noted that anyone purchasing an apartment would be doing so in the knowledge that parking was restricted. In summary the Department of Transport is willing to accept that it is not possible to provide additional parking within this application and that there will be an impact on the existing on street parking provision as a result of this development, however the sustainability of this specific location and the benefits of redeveloping this site render this impact acceptable. AMENITY Housing Policy 17 provides useful criteria for the assessment of proposals to convert existing buildings into apartments. Whilst this application is for as new build development, it is considered that the criteria set out by this policy is relevant to this proposal. In terms of amenity, the proposed apartments would be spacious and all apartments would have a clear and pleasant outlook from their living areas. One apartment at ground floor level would have only a rear outlook and due to its position at ground floor level would have little in the way of views which would be enjoyed by the other 12 apartments. However, this apartment would be provided with a relatively large rear garden which would allow for a good level of private amenity. Some of the windows serving bedrooms would have a more limited outlook than those serving principal rooms, however this would not be to a degree which would warrant the refusal of this application particularly given the size of the proposed apartments. 3 June 2009 There would be adequate bin storage facilities to serve the proposed apartments and these would be stored so as to not be prominent within the streetscene whilst also being convenient for occupiers of the building and refuse collection operatives. The inward opening access gates would provide security to the site and would add to the character of the streetscene. Not all of the apartments would be provided with outdoor space which is not unusual in apartment developments however the provision of nearby open space should be considered in order to assess whether an acceptable level of amenity would be provided to any proposed development. The grounds of St German's Cathedral are located approximately 40 metres from the site, offering a relatively large outdoor space open to the public. It is judged that the proposed development would provide a sufficient level of amenity to future occupiers. CONCLUSION This application raises some complex issues incorporating a proposal for demolition within the Conservation Area and a level of parking below the standard requirement. This is set against a development proposal which would protect the character of the Conservation Area whilst providing an efficient use of a brown field site located in a particularly sustainable location. The development would achieve an acceptable level of amenity for future occupiers of the building without adversely affecting neighbouring properties. It is concluded that, having taken these issues into account, the proposed development is marginally acceptable. RECOMMENDATION Permit. PARTY STATUS It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Peel Town Commissioners - The Department of Transport Highways Division - Manx National Heritage - The owner/occupier of Close Beg, Atholl Street, Peel Accordingly the following parties are not granted Interested Party Status: - The owner/occupier of 33 Ballaquark, Douglas - The Office of Architecture of Department of Local Government and the Environment - The Estates and Housing Directorate of Department of Local Government and the Environment - The Disability Access Officer Recommendation Recommended Decision: Permitted Date of Recommendation: 01.06.2009 **
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal**
3 June 2009
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the demolition of numbers 13 and 15 Atholl Street and the erection of 13 apartments with associated parking, 13 and 15 Atholl Street, Peel as shown by the plans and information Design Statement and Amenity Map received 13th March 2009, 3D images and Supawall Information Letter received 29th April 2009, Photographs received 5th May 2009 and 0770/PL01 REV D, 0770/PL02 REV C and Applicant's Letter received 29th May 2009.
The existing timber doors to the front elevation of numbers 13 and 15 Atholl Street must be retained/refurbished and must be installed and retained on the front elevation of the approved building as shown by drawing 0770/PL01 Rev D received 28th May 2009.
The roof(s) must be finished in dark natural slate. C 5. All windows to the front (Atholl Street) elevation must be sliding sash as shown by drawing 0770/PL01 Rev D received 28th May 2009.
All roof lights must be "Conservation" type and shall be retained as such thereafter.
The car parking layout and vehicular access hereby approved must be surfaced and laid out prior to the occupation of the apartments hereby approved.
Prior to the commencement of any works, including demolition of the existing buildings, there must be concluded a legal agreement between the applicant/developer and the Department whereby at least 4 ( of 13 ) of the approved apartments will be made available to the Department as affordable units in terms of the House Purchase Assistance Scheme 2004.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
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
YES/NO
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