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21/01475/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01475/B Applicant : Sunset Properties Ltd Proposal : Installation of replacement window on Front Elevation, alteration of apartment 1 (part Ground & First Floor) to create 2 No Permanent Apartments, with alteration of roof area to expand existing terrace Site Address : Flat 1 Harbour Lights Shore Road Peel Isle Of Man IM5 1AH
Planning Officer: Mr Peiran Shen Photo Taken : 10.02.2022 Site Visit : 10.02.2022 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.02.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 35, Housing Policy 17 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98.
Plans/Drawings/Information; This approval relates to the documents, location plan, site plan and drawing no. 1605.1, 1605.2 as having been received on 7th December 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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1.1 The site is the curtilage of Harbour Lights, Shore Road, Peel, a three-storey end-of- terrace detached property located on the east corner of Shore Road and Queen Street.
1.2 The ground floor is a restaurant. The first floor is a flat, with a kitchen and a utility area on the ground floor at the rear of the building. The second floor is also for flat use. The flats are accessible from the rear of the site. The first floor flat is vacant at the moment.
1.3 The main building has three-storey with four dormer windows on the roof on the front elevation. The rear elevation has a short roof and the elevation shows three storeys. There is a single-storey pitched-roof extension and a single-storey flat-roof extension on the rear elevation. The flat roof is also being used as the landing for the external staircases that leads to the flats on the first and second floor. There is also a detached single-storey outbuilding on the rear boundary.
1.4 There are seven windows on the first floor of the front elevation. The six directly above the café are all sliding sash windows. The one on the east end is a top-hung casement window. It is also slightly bigger compared to the other windows.
2.0 THE PROPOSAL 2.1 The proposal is the conversion of the first floor flat into two flats.
2.2 The proposal includes the removal of the roofs of both extensions and replacing them with one flat roof and the installation of a glass balustrade on the rooftop, replacing the windows and the door on the flat-roof extension for a slightly shortened version with the same style. The new flat roof will be used as a landing for the staircases leading to the second floor, leading to the entrance of both new flats and used as a roof terrace.
2.3 The proposal also includes replacing a casement window on the first floor of the front elevation with a sliding sash one similar to the existing ones on the first floor. The proposal also includes the renovation of the existing steel staircases at the rear.
2.4 Proposed flat one will have the west portion of the first floor. It will have a living room/kitchen, a bedroom and a toilet with shower on the first floor and a bedroom with en- suite on the ground floor.
2.5 Proposed flat two will have the east portion of the first floor. It will have a living room/kitchen, a bedroom, a bathroom and a storage room on the first floor.
2.6 Two flats share the proposed rooftop as outdoor space.
3.0 PLANNING HISTORY 3.1 There are no previous applications considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Mixed Use in the Peel Local Plan 1989.
4.2 In the written statement, the area is permitted to have residential flats above commercial premises (para. 9.11). "Particular attention will be paid to the design of replacement windows, doors and roofing materials which might detract from the area" (para. 9.3). "Each application will be examined on its merits and by adopting such a policy it is intended that investment in buildings (which might otherwise be uneconomic to repair or maintain) will be encouraged, particularly with regard to upper floors" (para.9.12).
4.3 The site is within the Peel Conservation Area. The site is surrounded by but not within any flood risk area.
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Strategic Policy 4.4 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
Principles of Developments 4.5 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest."
4.6 General Policy 2, which provides an overall requirement for all development, states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."
Visual Design 4.7 Strategic Policy 3, Environment Policy 42 and Housing Policy 6 all focused on the visual design of developments, they state that the design should take account of the local materials, character and identity of its immediate locality, in terms of buildings and landscape features. Focused on landscaping.
4.8 Paragraph 4.3.11 of the Strategic Plan states: "a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development"
4.9 Environment Policy 35 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." This is also reiterated in CA/2 of PPS 1/01.
Environment 4.10 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Then, Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."
Housing 4.11 Housing Policy 17 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;
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(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."
Parking 4.12 Appendix 7.6 states typical residential dwelling should have "1 space for 1 bedroom; 2 spaces for 2 or more bedrooms." The appendix also states that these standards may be relaxed under certain circumstances, such as close to public transport routes.
Safety and Security 4.13 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
PPS and NPD 4.14 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.15 Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare must have the same method of opening as the originals. Whatever the material used in their construction, the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
6.0 REPRESENTATIONS 6.1 Peel Commissioners opposes this application (19.01.2022). The comment states that "the access proposed uses the existing set of metal exterior stairs which are slippery when wet and are subject to movement when being used."
6.2 DoI Highway Services does not oppose this application (22.12.2021).
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
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7.2 The replacement sliding sash window is considered to enhance the character and appearance of the area.
7.3 The rear of the site looks really derelict at the moment. This is due to a combination of worn-out finishing on all elevations and the arrangement of the rear extension and staircases. The flat roof conversion will have a cleaner look than the existing roofscape on the rear elevation.
7.4 The terrace will be used as the entranceway to both flats and could also be used as an outdoor space for the flats so the installation of a balustrade is necessary for the safety of the users. The mass use of glass on the balustrade would allow vision to pass through it and stop at the rear elevation of the main dwelling. This is much better than any opaque material, which will highlight the existence of the balustrade.
7.5 This being said, this proposed terrace would still appear much more contemporary to its surroundings. Therefore, the terrace is still considered to have a negative impact on the character and appearance of the Conservation Area.
7.6 However, given its small size, its position, which is shielded by the main building when observed from the Shore Road, the one of the defining streetscene of the Conservation Area and given the renovation would provide a cleaner roofscape, its impact on the character and appearance of the Conservation Area is very limited and the improvements in relation to the front elevation are also noted.
7.7 On balance, it is considered that any impact on the Conservation Area is not so great as to prevent the consideration of planning balance.
Elements of Assessment 7.8 The key issues to consider are the principle of the development, its impact on the character and appearance of the Conservation Area, on the user's amenities, on neighbouring amenities, and parking provision.
Principle of the Development 7.9 Peel Local Plan 1989 designates the area as being mixed use and promotes the use of above-ground floor space as residential. Therefore, the proposal of Class 3.4 use is considered acceptable.
Visual Impact on the Conservation Area 7.10 As mentioned in 7.2-7.6, it is considered that the proposal would have a limited negative impact on the character and appearance of the Conservation Area.
User Amenities 7.11 There are two proposed flats. Flat 1 and 2 both have a living room on the front elevation. The front elevation is facing the Promenade, which is considered an excellent outlook. Therefore, the outlooks of the flats are considered acceptable.
7.12 The only available outdoor space for both flats would be the communal terrace. It can provide space for cloth drying but it might not be enough space for both flats to dry cloth at the same time. This also means there is no outdoor space for recreation when cloth drying is taking place.
7.13 There are spaces in the backyard, although narrow, that can accommodate bin storages.
Neighbouring Amenities
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7.14 The proposal is within a mixed-use area and the proposed residential use will not generate more noise than existing business and residence nearby.
7.15 The proposed terrace have a wide outlook, which includes the front elevation of a few dwelling and the rear elevation of a few properties on Queen Street, the front seating area of a dinner and the front and side elevation of Marine Hotel. A site visit has confirmed that these sights are also available from on street level. Although an argument can be made the terrace would prolong the duration of observation compared to people walking by, it is not an unusual outlook for dwellings within a town centre. Therefore, it is considered that there is no overlooking concern.
Traffic and Parking 7.16 There is no off-road parking space allocated for this site. Whilst there is undoubtedly pressure on kerbside parking in the vicinity, the proposal would only increase the parking standard by two. The site is along a major bus route (Bus No.5), which means the parking standard can be relaxed according to Appendix 7.6 of the Strategic Plan. Its town centre location means daily trips can be taken without a car. In addition, Highway Services has confirmed that they have no objection. Therefore, it is considered that the impact on parking is acceptable.
Planning Balance Assessment 7.17 The proposal would renovate an existing derelict part of the Conservation Area and reuse town centre floor space, these benefits are considered to overweigh the limited negative visual impact on the Conservation Area and the additional pressure on parking. The amenities of the users are limited but not uncommon for a town centre dwelling. There is also no negative impact on neighbouring residential amenities. Therefore, the proposal is considered to add to the public interest and is acceptable.
Other 7.18 Safety usage of the staircases are regulated by Building Control and other authorities. Therefore, it is not a material planning consideration.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2, Environment Policy 35, Housing Policy 17 of the Strategic Plan, Planning Policy Statement 1/01 and Planning Circular 1/98. Therefore, it is recommended for an approval.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
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o whether there are other persons to those listed above who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 21.02.2022
Signed : P SHEN Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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