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The site represents the domestic curtilage of an existing building which sits on the corner of Athol Park and Athol Avenue, to the south of Athol Park public open space and the east of St. George’s Crescent.
The existing building accommodates a private dwelling.
The site lies within an area designated on the Port Erin Local Plan of 1990 as Predominantly Residential.
The following applications have been submitted in respect of this site:
PA 95/1069 - approval in principle for conversion of nursing home to restaurant and living accommodation which was refused on appeal.
PA 04/0621 proposed the installation of plastic casement windows to replace existing - permitted.
Originally proposed was the principle of the demolition of the existing building and its replacement with a new building which will accommodate 12no 3 and 2 bedroom apartments. It is stated in the supporting information that the proposal would accommodate 20 car parking spaces "using the existing car park and other available space". No plans have been submitted to demonstrate how this may be achieved, how large or high the resultant building would be, where the access would be from It is also suggested that the proposal will not put any further loading on the present sewage drainage although it is not clear how this is the case if the present use of the building is a private residence and its new use would be as 12 individual dwelling units.
The applicant has submitted a revised scheme which omits any reference to the number of apartments and simply seeks permission for the principle of the demolition of the existing building and its replacement with a new building accommodating apartments.
The Environmental Health Officer recommends that the flats must be registered with them on completion. This is an advisory note and not something material to the planning decision.
The Estates and Housing Directorate recommend that the requirement for 25% of the units resolved by Tynwald should be made available on an affordable basis should be applied to this site.
Disability Access Officer recommends that the flats should be accessible to disabled persons. This is the responsibility of the Building Regulations not planning.
Society for the Preservation of the Manx Countryside and the Environment raise concern about the lack of detail in the submission and without qualification or example, suggest that "such schemes seem never to be resisted" and that as such "there is probably little point" in objecting. The amendment to the description of the development does not overcome their objection.
The occupant of "Wensleydale" opposite the site and he of "Whitebridge" in St. George's Crescent object to the proposal on the basis that they do not believe that there is sufficient space to accommodate the flats and the parking and queries what would be the resultant height of the building and the building line.
The occupant of "Bonaccord" close to the site objects to the proposal on the basis of inadequate parking and resultant traffic and road safety issues for residents.
Port Erin Commissioners raise no objection to the application. Isle of Man Water Authority recommend consultation with respect to the provision of water supplies to the development. Manx Electricity Authority recommends consultation in respect of working around existing electricity supplies.
Department of Transport Highways and Traffic Division recommend refusal as the proposal makes no specific reference to access or car parking provision within the site.
In the absence of any plans or detailed schematic information it is not possible to properly assess whether it would be possible to accommodate 12 apartments in a building on this site where such a building would sit satisfactorily within the streets cene and where there could be satisfactory parking and vehicular access to and egress from the site.
However, the omission of any reference to the number of units reduces the scope for objection or concern to simply whether the building should be demolished and if so, would apartments be an acceptable form of land use on this site and if so, what conditions should be applied to control and guide the development.
The building does not lie within a Conservation Area nor is it Registered and as such, there is no presumption against the demolition of the existing building. Indeed, planning permission would not be required for the demolition of the building as it is free-standing. The building has some interest but this has largely been spoiled by alterations and additions, particularly at the rear where there is a four storey flat roofed annex, a two storey flat roofed annex, external pipework clutter and a large parking area at the front of the site where there is a set back in the frontage. I have thus concluded that there is no loss to the character or appearance of the area through the demolition of this building and whilst the Strategic Plan encourages the re-use of existing sound built fabric at Environment Policy 43 in the interests of regeneration, in this case, a better solution in terms of its appearance the opportunity for more parking provision and energy efficiency may lie in a new building on the site.
The site lies within a residential area where there are other properties which have been subdivided into flats - Park Court, immediately adjacent to the south east accommodates flats and a new building has recently been built to the west - St. George's Apartments on the north eastern corner of St. George's Crescent.
Planning permission was refused for the redevelopment of the property immediately to the south east under PA 98/1681 for 6 dwellings for the reason that there would be inadequate provision for access and parking and that some of the living units would have an unacceptable outlook and amenity
space. This was succeeded by a further application for the erection of a three apartment building which was permitted (PA 99/1435) and which has car parking at the rear yard accessed from the rear lane.
The Strategic Plan sets out standards for the provision of parking in association with apartment development and recommends that:
Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These standards may 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" (A.7.6).
In this case, whilst the site is close to the town centre and there is some parking space available in front of the buildings and three or so places alongside the building, some of the properties on Athol Park do not have on-site parking and rely upon the on-street spaces. Additionally, the site frontage is close to the junction with St. George's Crescent which would mean that vehicles parked in conjunction with this development would be parking further to the east and in front of other people's property and possibly causing inconvenience to them. As such, the standard of one space per bedroom up to two bedrooms should be applied and achieved on site.
If eight or more apartments are proposed then the requirement for affordable housing should be included in accordance with Housing Policy 5 of the Strategic Plan: "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".
Also required in the Strategic Plan is a requirement that in developments of 5 dwellings or more an Energy Impact Assessment should accompany development proposals of 5 dwellings or more "to demonstrate what measures have been taken in the design of the development to reduce energy consumption and increase energy efficiency" (Energy Policy 5).
As the building is not attached to the rest of the terrace to the east and as the building is not the same in terms of its appearance or detailing, as the rest of the terrace, I see no sustainable reason why a new building could not be designed to fit onto the site where this would be accommodated comfortably into the streetscene.
The Environmental Health Division and the Estates and Housing Directorate are a part of the Department and as such form part of the Planning Committee's case and should not be afforded separate party status in this instance.
Society for the Preservation of the Manx Countryside and the Environment are not directly affected by the proposal and as such should not be afforded party status in this instance.
The occupants of Wensleydale are very close to the site and would be directly affected by the new building on the site as well as the increase in vehicular traffic associated with the site. The occupant of Bonaccord is not directly alongside the site but does use the access which passes the site and as such both of these parties should be afforded party status in this instance.
The occupant of Whitebridge is some distance away to the west and separated from the site by open space and as such should not be afforded party status in this instance.
Disability Access Officer raises issues which are the responsibility of the Building Regulations and as such should not be afforded party status in this instance.
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.
Manx Electricity Authority, Isle of Man Water Authority and Fire Prevention Officer all raise issues which are either matters relating to working practices or to the Building Regulations and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 07.08.2007
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 principle of the demolition of the existing buildings on the site and their replacement with a new structure which accommodates apartments.
C 3. The application for reserved matters must demonstrate how on-site parking will be provided at a ratio of one space per single bedroomed apartment and two spaces per apartment with two bedrooms or more.
C 4. If the application for reserved matters proposes more than 5 apartments, the application must include an Energy Impact Statement which demonstrates the measures which have been taken in the design of the development to reduce energy consumption and increase energy efficiency in accordance with Energy Policy 5 of the Strategic Plan.
C 5.
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.
C 6.
The design of the replacement building must reflect its prominent location on the corner of two very busy roads and close to the centre of the village and must take account of the form, scale, materials of existing adjacent development and the character of the area in which the site is located.
N 1.
The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.
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.
N 3.
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 4.
The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Decision Made : ... Committee Meeting Date : ...
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