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The site represents the curtilage of an existing three storey building situated on the corner of Strand Road and the footpath leading up to the Upper Promenade beside the Falcon's Nest Hotel. The property has another, similar building attached to its western side, a detached dwelling - Ashurst House to the rear (north) and a vacant grassed space to the west. the property contains a shop unit on the ground floor and residential accommodation above.
The site lies within an area of Mixed Use on the Port Erin Local Plan approved by Tynwald in 1990.
Planning permission was sought and granted for the replacement of the existing first and second floor windows under PA 06/0028, the change of use from a shop to a photographic studio under IDO 42838 and alterations to the shopfront under IDO 43826. Most recently planning permission was sought for the conversion of the first and second floors to five apartments. This was refused under delegated powers for reasons relating to the car parking which would have been generated by the number of apartments. The Inspector appointed to hear the appeal recommended refusal as the proposal made no provision for car parking but the Minister did not accept this and refused the application, without prejudice to a further application for a reduced number of flats.
Proposed now is the conversion of the upper floors to three flats. The external elevations will be very similar to those of the previous scheme although there are now to be rooflights in the front and side pitches and omission of the porch previously shown on the rear elevation. The internal layout will accommodate three two bedroomed apartments each over two floors with internal stairs contained within each unit. There were no objections to the external alterations in the consideration of the previous application and the Inspector concluded that there would be no adverse impact on the amenities of those in neighbouring properties, despite objections to this effect from the owners of Ashurst House.
There was previously reference to the windows in the elevation facing Ashurst House and some clarification made regarding the obscure glazing in some of the existing windows. A condition should be attached to advise the applicant that they may not replace the obscure glazing without planning permission.
The Department of Transport elects not to oppose this application as they acknowledge that the scheme reduces the number of apartments although there can be no provision for off-street parking.
The represents a balance between making better use of the building and doing so without creating excessive parking demands in an area which, at some times of the year, can be congested.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Disability Access Officer makes comments about provision for disabled persons within the building, which is the responsibility of the Building Regulations and as such the Disability Access Officer should not be afforded party status in this instance.
The Isle of Man Water Authority refer to conditions of supply of water to the premises which are not a material planning consideration and as such the Isle of Man Water Authority should not be afforded party status in this instance.
The Society for the Preservation of the Manx Countryside and Environment and the resident of Port Soderick are not directly affected by the proposal and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
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 permission relates to the conversion of the building to three apartments as shown and described in drawings reference 0509/01, -02B and -04A all received on 14th February, 2007.
C 3. The glazing which presently exists in the rear (northern) elevation must be retained (that is, where there is presently obscured glazing, this may not be replaced with clear glazing) without planning permission.
N 1. For connections to Flats and Apartments the following apply - "Water Supply to Flats and Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the Isle of Man Water Authority or alternatively by contacting the Isle of Man Water Authority Byelaws Inspector (Les Quayle on telephone 695957).
N 2. The Applicant's attention is drawn to the recommendations of the Disability Access Officer, a copy of which is attached to this notice.
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: 26/3/07
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
22 March 2007 07/00288/B Page 4 of 4
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