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21/01527/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01527/B Applicant : Red Pen Limited Proposal Variation of Condition 1 of PA 17/00976/B for an extension of time for a further 4 years Site Address Bay View Hotel Primrose Terrace Port St. Mary Isle Of Man IM9 5AP
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 20.04.2022
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.
C 2. Prior to the commencement of any work including demolition, the applicant must have submitted to and approved by the Department a photographic survey of the outside and inside of the building to retain a record of this for the future.
Reason: The building is a prominent one in the streetscene and an old one and a record of it is considered necessary before the building is demolished.
C 3. Prior to the commencement of any building work, the applicant must have approved by the Department a scheme for the treatment of the front boundary wall. The development shall be carried out in accordance with the approved scheme.
Reason: It is important that all elements of the building are considered appropriate from all perspectives, particularly from a pedestrian's view. Additional details are therefore required which demonstrate how the front boundary wall will add positively to the character of the building and the streetscene.
C 4. Prior to the occupation of any of the units, the parking spaces and garaging must be available for use for the parking of vehicles by occupants of the building and retained as such thereafter.
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Reason: To ensure that there is sufficient car parking available in accordance with the standards of the Strategic Plan.
This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 9th December 2021; o Drawing No. 1501/01 o Drawing No. 1501/02 o Drawing No. 1501/03 o Drawing No. 1501/04 o Drawing No. 1501/05 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY AND IT IS RECOMMENDED FOR APPROVAL.
THE APPLICATION SITE
1.1 The site is the curtilage of an existing public house with guest accommodation above, situated on the corner of Bay View Road and Lhargan which runs behind and merges with Cronk Road to the north. The building is a three storey property which is taller than the rest of the terrace which lies to the north. The building is relatively plain, with diminishing floor heights as one progresses up through the building. Whilst traditional in general form, the building is surprisingly simple, with a relatively shallow pitched roof, no chimneys and a more squat appearance than the more vertically proportioned vernacular properties in the vicinity.
1.2 The existing property is at its highest, 11.5m tall and is 17m long across Bay View Road. The building is built right up to the footpath and has a smaller, two storey element with castellated top between it and number 12, a semi-detached properties with a hipped roof. The footprint of the building continues right up to the highway around to the side and rear, the rear having an area of monopitched roofing and a section of single storey walling. An area across the road is included within the site, used for providing the property with its only car parking spaces. Also included is a small area on the other side of Bay View Road which provided a small beer garden for the public house.
1.3 The premises closed for business around 2013. The existing building is described as suffering from extreme damp and internally the building has been remodelled with an emphasis on functionality and compliance with modern fire and Building Regulation requirements. The basic structure of the building is solid and stone built but the walls suffer from damp ingress due to the prevailing weather and proximity to the coast and despite having been internally lined, the damp has pervaded the walls. Any conversion project would require the building to be fully exposed and dry lined to provide modern levels of insulation. Uncovering the walls may, the applicant suggests, reveal areas of wet rot and dry rot in supporting timbers. They also
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advise that an injected damp proof membrane would need to be provided and the external render may need to be removed and re-finished in a waterproof render and painted.
1.4 Whilst the existing roof appears sound, it would be good practice to remove it, all purlins and rafters checked and treated if necessary and the roof insulated before being re-finished. The joist ends in the floors are likely to be suffering from damp and rot and the floor joists in the public bar are currently supported by Accro props in the basement and the floors in the remainder of the building are uneven through years of modernisation and installation of services. Whilst the windows were replaced in 2003 they have not been well maintained and would need to be replaced with windows which meet current standards of ventilation and heat retention. Whatever happens to the main building, the rear outriggers are not worthy of repair and should be demolished.
1.5 They describe the internal layout as not easy to convert to residential use.
THE PROPOSAL
2.1 The current planning application seeks approval for the variation of Condition 1 of PA17/00976/B by extending the approval for a further four years.
2.2 The proposal for PA17/00976/B was as follows: "Proposed is the demolition of the building and its replacement with a new building which accommodates three apartments with on-site garaging and parking. The ground floor will provide an entrance lobby on the right hand side of the front elevation with a lift and stairs to the flats on the upper floors. The ground floor will be used for garaging - two units each 5.8m long and at least 3.25m wide. A store for the third apartment will be available alongside the garaging as there is insufficient space to provide three garages together with the required turning and access space. In front of the garages there will be two further spaces associated with the garaging with direct access out onto Lhargan. A further two spaces are available across Lhargan for the third apartment. A second access from the rear will be provided into a larger entrance lobby.
The first and second floor plans will accommodate two three bedroomed units which have a bathroom, one of the bedrooms has en-suite facilities, a lounge and kitchen. The top floor apartment will have the same layout but the area immediately in front of the lift would not be generally available due to it only serving that top floor flat. All of the units have a glazed balcony on the lounges looking out over the bay.
The new building will be almost 14m high with a roof pitched at 30 degrees, with a substantial chimney at each end and finished in natural slate. The front elevation will be finished in horizontal banded render on the ground floor with plain render above and two eaves peaks, the one on the left of the front elevation being wider than that towards the right and will windows below - the wider peak accommodating a series of patio doors and glazed balconies on the first, second and third floors and decorative, fixed, obscured glass windows in the ground floor serving the garage. The building will have an elevated ground floor level due to the natural fall of the level of the site from back to front and the underbuild will be accommodated by a 1.2m high wall with planting behind. A stepped access leads from the pavement off Bay View Road to the entrance which is 1.3m higher than the pavement level.
The smaller peak will have below it a series of three Juliet-style balconies. The remaining windows will be a bottom fixed quarter, top three quarters top hung opening light in vertically proportioned apertures.
The side elevation will have a symmetrical arrangement of windows to match the smaller windows in the front elevation with a fixed, obscure glazed window at ground level 2m above the pavement.
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The rear elevation introduces a different palette of materials - using render and standing seam prefinished steel grey vertical cladding and raised metal cladding to the window surrounds together with the rendered finish seen on the other elevations. One section will be flat roofed and the other, projecting slightly further forward than the flat roofed section, which is pitched roofed and finished in the metal cladding. The flat roofed section will have an open ground floor with the upper floors above supported by a cantilevered construction with two supporting steel columns to accommodate the parking.
The elevation facing 12, Bay View Road will have three windows serving the three private entrance lobbies and three lift entrances. The existing building adjoins number 12 and after the existing building is demolished, this wall will be made good as part of the work."
PLANNING HISTORY
3.1 Planning permission was granted on appeal on the 29th May 2018 with a number of conditions attached under PA17/00976/B;
C1 - 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 14 of the Town and Country Planning (Development Procedure)(No.2) Order 2013, and to avoid the accumulation of unimplemented planning approvals.
C2 - Prior to the commencement of any work, including demolition, there must have been submitted to and approved by the Department a photographic survey of the outside and inside of the Bay View Hotel building, to retain a record of the existing building. Reason: The building is a historic feature of the street scene and a record of it is considered necessary before the building is demolished.
C3 - Prior to the commencement of any building work, there must have been approved by the Department a scheme for the treatment of the front boundary wall of the building hereby approved, facing Bay View Road. The development shall be carried out in accordance with the approved scheme. Reason: To ensure that all elements of the building are appropriately designed and finished.
C4 - Prior to the occupation of any of the apartments hereby approved, the parking spaces and garages must be available for use for the parking of vehicles in connection with the occupation of the apartments and must be retained for that purpose thereafter. Reason: To secure the provision of sufficient off-street car parking in accordance with the standards of the adopted Strategic Plan 2016.
PLANNING POLICY
4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The site is within a Conservation Area but not a Flood Risk Zone.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3 Other relevant policies from the Isle of Man Strategic Plan include;
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4.3.1 Strategic Policy 1 which sets out that development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure,
4.3.2 Strategic Policy 5 which seeks that new development, including individual buildings should be designed to make a positive contribution.
4.3.3 Strategic Policy 2 which sets out that new development must be in existing settlements unless it complies with GP3.
4.3.4 General Policy 2 which sets out detailed "development control" considerations including: ... (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; ... (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.
4.3.5 Housing Policy 4 which sets out that new housing must be located primarily within our existing towns and villages
4.3.6 Housing Policy 18 which states that applications which would involve the loss of existing housing which is fit for habitation or which could be made fit at reasonable cost will not usually be approved unless accompanied by firm proposals for replacement housing.
4.3.7 Transport Policy 4 which sets out that new development must be designed to be capable of accommodating vehicle and pedestrian journeys generated by the development in a safe and appropriate manner,
4.3.8 Transport Policy 7 which sets out that new development requires parking according to the standards with appendix 7.
REPRESENTATIONS
5.1 Highway Services have considered the application and state, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and/ or parking subject to repeating conditions 3 & 4 of PA 147/00976/B." (22/12/21)
5.2 Port St Mary Commissioners have considered the application and Object on the basis that there are issues with maintaining the existing structure and that a 4 years extension will exacerbate this. (27.01.22)
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ASSESSMENT
6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional four years onto the time in which the permission would be implemented.
6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made. Essentially, there has been no change in the circumstance or policy, however it is warranted to look at the history of the previously approved planning application, PA 17/00976/B, which is the application the variation of condition is on.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Area Plan for the South has not been superseded and therefore continues to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.
6.5 Since the previous application the Department has brought out the Residential Design Guidance 2021, when assessing the application against this we can see that the proposal is adding in modern aspects as well as keeping traditional factors, which is in keeping with the surrounding area, with the officer of PA17/00976/B stating, "6.6 The restrained but modern approach to the redevelopment is considered appropriate in this instance, retaining sufficient traditional features to sit comfortably in a streetscene which does not comprise wholly vernacular buildings."
6.7 Accordingly, as previously considered and with regards to the Residential Design Guidance 2021 the proposal would comply with the relevant planning policies and therefore recommended for an approval.
CONCLUSION
7.1 Since the initial approval there have been no material planning changes which have arisen. The Area Plan for the South and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. It is recommended that planning permission be approved.
INTERESTED PERSON STATUS
8.1 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;
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(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 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.
8.2 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 o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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 : ...Pending Decision... Committee Meeting Date:...09.05.2022
Signed :...V WILSON... 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 09.05.2022
Application No. : 21/01527/B Applicant : Red Pen Limited Proposal : Variation of Condition 1 of PA 17/00976/B for an extension of time for a further 4 years
Site Address : Bay View Hotel Primrose Terrace Port St. Mary Isle Of Man IM9 5AP
Planning Officer : Mrs Vanessa Porter
Presenting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
The Planning committee declined the case officers recommendation and voted on an alternative brought forward for the application to be approved for a period of 2 years with all other conditions remaining the same as recommended.
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.
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