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The application site comprises the curtilage of a detached dwelling in Kirkway, Onchan.
The proposed development comprises of the conversion of the existing integral garage into additional habitable accommodation through the installation of windows.
PLANNING HISTORY There are no previous planning applications that are considered to be material to the assessment of this current planning application. REPRESENTATIONS
Onchan District Commissioners recommend that the planning application be refused on the grounds that the proposal results in the loss of car parking provision behind the building line.
The Department of Transport Highways Division do not oppose the planning application. The Isle of Man Fire and Rescue Service advise that the proposed layout is inherently unsafe in the event of fire. PLANNING POLICY
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. There are two policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of this current planning application:
Policy O/RES/P/20 states:
"Except where required otherwise by the Local Plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the Local Plan area. Permission will not generally be forthcoming for extensions or conversions which result in the loss of parking space behind the building line."
Policy O/RES/P/21 states:
"Extensions and alterations to existing residential property will generally not be opposed where such proposals are appropriate in terms of scale, massing, design, appearance and impact on adjacent property."
It is considered that the overall level of development contained within the proposal is relatively modest and that the impact on public and private amenity is duly limited.
In terms of the loss of parking space behind the building line it is considered that the loss is acceptable. Since the publication of Planning Circular 1/2000 the Department has relaxed its position on the need for parking behind the building line, which has been supported by subsequent planning appeal decisions. In this instance the property retains two on-site car parking spaces, which is considered sufficient to meet the needs of the dwelling. It is therefore considered unreasonable to refuse the planning application on the basis of policy O/RES/P/20.
Domestic fire safety is a matter for building regulations and not a material planning consideration. As such it cannot be grounds for refusal of a planning application.
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:
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 SP1, LP1 and FP1 date stamped the 20th September 2007.
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: 15.11.2007
Signed : M. I. McCauley Director of Planning and Building Control
| Recommendation | |
|---|---|
| Recommended Decision: | Permitted |
| Date of Recommendation: | 15.11.2007 |
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