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The application site comprises the curtilage of a building, commonly known as Laxey Pipe Factory, which is located on the corner of the junction of Tent Road and Laxey Promenade in Laxey.
The planning application proposes the refurbishment of the building to form offices with ancillary residential accommodation associated to the office use. It also proposes external alterations to the building comprising of replacement of bays on south east elevation, insertion of new fire escape exit on north west elevation, removal of metal flue stack, installation of replacement windows and the general repair of the fabric of the building.
The application site has been the subject of two previous planning applications that could be considered potentially material to the assessment of this current planning application.
Planning application 94/01471/B sought approval for alterations to the front elevation of the building including the removal a balcony. This previous planning application was initially considered and approved on the 17th March 1995, with the initial approval decision notice issued on the 2nd March 1995.
Planning application 04/02575/B sought approval for the refurbishment and alteration of the building. This previous planning application was initially considered and approved on the 9th September 2005, with the initial approval decision notice issued on the 19th September 2005. The Planning Committee confirmed the approval at review on the 11th November 2005, with the review approval decision notice issued on the 18th November 2005. An appeal against the conditions of the approval was partially upheld and an amended approval decision was issued on the 12th June 2006.
Laxey Village Commissioners have no objections to the planning application.
The Department of Transport Highways Division do not oppose the planning application subject to the provision of ten parking spaces to the serve the needs of the building.
The Isle of Man Fire and Rescue Service recommend that they are consulted with regards to the provision of appropriate fire precaution measures.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice. The Manx Electricity Authority request that an informative note be attached to any approval decision notice. The Disability Access Officer request that the needs of disabled access are considered. The owners and/or occupants of Oirr Ushtey, which neighbours the application site, support the planning application.
The owner and/or occupant of The Cushag, which neighbours the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding rights of access, the accommodation within the building, the impact on privacy, car parking arrangements and the protection of the historic building.
The Society for the Preservation of the Manx Countryside and Environment support the planning application.
Under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is designated as being within predominantly residential use. The application site is also within a Conservation Area, and whilst it is not Registered it is understood that it is being considered for Registration.
Policy L/COMM/PR/3 states:
"Office use may be permitted in those areas designated for "mixed use". Office use may also be permitted within existing buildings throughout the study area outside areas of mixed use where it can be demonstrated that:
Policy L/CRB/PR/4 states:
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with The Town and Country Planning Act 1991 (12.(4)."
Policy L/CP/PR/1 states:
"In the interests of conserving the traditional character and appearance of the area the Department will adopt a flexible approach to the requirement for car parking in association with existing property inasmuch as where it is possible to provide car parking for the use of the building concerned the Department will expect the provision of parking for residents in the case of residential property and staff and customers in the case of commercial property. However, where the provision of car parking would be detrimental to the appearance or character of the area, car parking standards may be relaxed."
Policy L/CP/PR/3 states:
Notwithstanding 9.5 above (Policy L/CP/PR/1), the Department will require the provision of adequate car parking in new commercial and industrial development to cater for the likely workforce to be employed and also for visitors who are likely to visit the premises. The availability of existing on-street parking will be taken into account when accessing the need for on-site parking."
The planning application proposes the refurbishment of the building to create office accommodation with basement car parking and ancillary residential accommodation. The works proposed by the planning application include the external alteration of the building.
The three main considerations in the assessment of the planning application are considered to be the previous planning applications/approvals, the implications of the relevant policies of the Laxey and Lonan Area Plan Order 2005 and the impact of the proposed development/use on the amenity of the surrounding area and residents.
In terms of the previous planning applications/approvals it has to be recognised that there is an extant approval under previous planning application 04/02575/B for the use of the building as a start-up centre for small businesses under the control of the Department of Trade and Industry. Whilst this use has not been taken up it has to be acknowledged that this extant use is more intensive than the use proposed by the current planning application. The current planning application states that occupation of the building will normally be twelve persons. Based on pre-application discussions it is understood that the applicant company's business is the manufacture of large scale heavy machinery used within the mining industry throughout the world. The building would be primarily used to accommodate the company's design team who put together tender documents and designs. Due to the nature of the tender and design preparation process the company wants staff accommodation contained within the building, which can be found on the second floor of the building. The occupation of this accommodation will be solely restricted to those associated to the use of the building and control of this by condition was discussed prior to the submission of the planning application. Taking account of previous planning applications/approvals it is considered that the use proposed by this current planning application is acceptable.
Turning to relevant policies of the Laxey and Lonan Area Plan Order 2005, it is widely recognised that the building has landmark qualities and as such it is considered the use of the building has benefits in terms of safeguarding the future protection of the building. As such, the building is clearly of architectural interest and its use would assist renovation and maintenance. The general relationship and the distances between the building and the nearest residential properties are sufficient to ensure that the use of the building will not unduly affect the amenity of the surrounding area and residents. Indeed, it is considered relevant to note that the use of the building is likely to be significantly less than that of the previously approved use through previous planning application 04/02575/B. It is felt that the proposed use of the building accords with the provisions of policy L/COMM/PR/3. The amount of on site car parking that can be provided is limited by the physical constraints of the building and the application site. Nevertheless the planning application proposes five spaces within the basement and the applicant's agent has advised that that the relevant part of the Department of Transport is willing and able to provide up to twelve spaces under contract within Laxey Shore Road car park or at the root of Laxey Breakwater. Whilst it may be beneficial for the applicant to enter into such an agreement with the Department of Transport to lease car parking spaces there are difficulties in prescribing a specifically precise condition. Given the proposed on site car parking, the car parking within the surrounding area and the local car parks tallied against the benefits of bringing the historic building into use it is considered that the proposed car parking is acceptable without the need for condition. A relaxation of car parking standards is
acceptable in accordance with policy L/CP/PR/1 and the availability of existing on-street parking is a valid consideration under policy L/CP/PR/3.
As regards the impact of the proposed development/use on the amenity of the surrounding area and residents it is considered that any such impact will be suitably limited so as not to cause undue detrimental impact. As previously stated the general relationship and the distances between the building and the nearest residential properties are sufficient to ensure that the use of the building will not unduly affect the amenity of the surrounding area and residents. There are clear benefits in refurbishment of the building and bringing it back into everyday use.
Given its historic nature and the possible Registration the alterations to the building have been discussed with Steve Moore, Building Conservation Officer. He is satisfied that the proposed alterations are in keeping with historic value of the building and are acceptable.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Society for the Preservation of the Manx Countryside and Environment.
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s P-01, P-02 and P-03 rev. C date stamped the 11th August 2006.
C 3. The occupation of the residential accommodation created by this approval is limited to persons whose primary employment is in association with the operation of the specified business contained within the building.
N 1.
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 24.10.2006 |
The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.
N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
N 3. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.
N 4. The applicant/developer is recommended to consider the provision of appropriate disabled access measures.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 30/10/97
Signed : [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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