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The application site is a parcel of land situated on the corner of Factory Lane and the lane which links Factory Lane with Michael Street, Peel. The site extends from the rear of 23 Michael Street around the corner onto Factory Lane and adjoins a site that has recently had planning approval for a dwelling which replaces a workshop (now demolished). The site adjoins an existing building to the south which has recently had planning approval to be converted to tourist use. The site had previously been used as a smoke house.
The application site is located within an area identified as being Mixed use by the Peel Local Plan and is situated within the Peel Conservation Area. Within the adopted Isle of Man Strategic Plan 2007, the following planning policies are considered relevant in the assessment and determination of this application:
General Policy 2, which 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:
Environmental Policy 35, which 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."
Environmental Policy 42, which states:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
The following previous planning applications are considered relevant in the assessment and determination of this application:
PA04/01495/A sought approval in principle for the demolition of the existing buildings on site and the erection of a block of three apartments with the same footprint and similar appearance. This was refused on review 29th December 2004.
PA05/00743/B sought approval for the demolition of the existing buildings and the erection of a block of three apartments with the same footprint and similar appearance to the existing buildings. This was approved at appeal 14th March 2006.
PA08/00946/B sought approval for the erection of a dwelling on the site immediately adjoining the application site to the north. This was approved 3rd November 2008.
REPRESENTATIONS The Department of Transport Highways Division has not commented on this application. 5 November 2008
Peel Town Commissioners do not object to this application. Mr T Crookhall MHK has requested that he be kept informed of the outcome of this application and all other planning applications in Peel. THE PROPOSAL
This application seeks approval for the erection of two dwellings with associated parking on the site. The proposal has been designed to overcome several issues that have arisen following attempts by the new owner of the site to have the development approved under planning application 05/00743/B comply with Building Regulations. This process has highlighted that the originally approved drawings did not take account of the site topography and the fall of 1 m across the site. As such it would not be possible to build the scheme as approved. The windows previously proposed to the north west and south west elevations were on the boundary of the neighbouring site and as such the development would prejudice development of the adjoining sites and could have led to the windows being blocked by development on adjoining sites. The approved development also provided inadequate means of escape to meet with Building Regulations and as such could not be built as approved. Furthermore, the approved drawings resulted in there being no support for the upper floors and in order to provide the required structure to support the building, parking spaces would be lost. Again, it would not be possible to build in accordance with the approved drawings.
The development now proposed attempts to overcome these issues whilst achieving a built form which echoes that of the now demolished smoke house. Following discussions by the Planning Officer and the Building Conservation Officer with the applicant and their architect, it was decided that the best way forward was to develop the site as two dwellings so as to allow a workable layout which required a lower level of associated parking. The need to reflect the appearance of the original buildings on site was agreed as being critical. As such any redevelopment scheme must have particular regard to the historic building lines and general mass and form of the original buildings.
The proposal is made up of a varied cluster of buildings having a range of roof heights, forms and finishes. The north east elevation which faces the properties on the northern side of Factory Lane would appear as a pair of two storey cottages having a traditional fenestration and using traditional materials. The original three legs of Mann symbol would be attached to the front façade. As the building steps back, the built form rises in height to represent the taller components of the original smoke house. Vertical timber boarding would provide a further reference to the appearance of the original building.
Given the unusual form of the building, it is considered necessary to describe the proposed internal layout of each dwelling in turn. Dwelling 1 (adjacent to the proposed parking area) would have a lounge and kitchen with access to the small, shared rear yard at ground floor level. The upper floor of the front part of the building, which would front onto Factory Lane, would provide a bedroom with en-suite shower room. The first floor of the rear section of the building would provide a bathroom and study. The second floor of the rear section of the building would provide a bedroom and the top (third) floor would provide a further bedroom.
Dwelling 2 (situated on the northern side of the site) would provide a similar layout at ground floor level as Dwelling 1. There would be a bedroom and bathroom at first floor level with a study at second floor level and a further bedroom at third floor level.
The site would be provided with 3 off-street parking spaces.
ASSESSMENT
The main issues to be considered in the assessment of this application are whether the proposed development would adequately reflect the historic building lines and general mass and form of the original buildings; whether the development would have an adverse impact upon adjacent properties;
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whether the proposed development would provide a sufficient level of amenity for future occupiers of the site, and whether the proposed development would provide an acceptable level of parking.
On the first matter it is considered that the proposed building would appear striking, providing a clear visual link to the original built form of the Old Smoke House. The unusual form and building lines of the proposed development would be suggestive of the industrial use of the original building. This is demonstrated by comparing the proposed development to photographs of the original building (see file) which show a similar grouping of buildings which step down towards Factory Lane. It is judged that the proposed development represents a well conceived reflection of the original Smoke House which would act to enhance the site and the surrounding Peel Conservation Area.
Moving to the impact upon adjacent properties, regard must be had to the impact of the original building, the potential impact of the approved development and the potential impact of this proposed development. The original building had blank outward facing facades which resulted in no overlooking to adjacent properties but also provided little in terms of active frontages to provide interest to the streetscene. The approved scheme added windows to serve the proposed three apartments. On appeal the appointed Inspector made the following observations/comments:
"This is a town centre site which presents a challenge for redevelopment not just because it is a tightly confined site but also because of its proximity to residential development. The conservation area status means that it is important to retain the historic building lines as well as the general mass and form of these buildings. Given that windows had little role in the smokehouse use it is inevitable that a building with a different pattern of fenestration will be required. It seems to me that the minimum number of windows consistent with residential use is proposed. The distance between proposed windows of habitable rooms and windows on neighbouring properties is much less than would be required in new residential development, however it is not much different to what is commonplace in similar urban situations where streets are narrow and buildings sit cheek to jowl with others. Indeed, the ground floor windows of dwellings in factory Lane suffer much closer invasion of privacy from pedestrians in the street." (Paragraph 19).
It is judged that this analysis is applicable to this current proposal which advocates a similar type of residential development to that previously approved. Whilst the number of windows would be higher than approved, it is not considered that this would have such an impact upon privacy so as to warrant refusal of this application. There is a lower expectation and experience of privacy and seclusion in historic settlements such as this given the fabric and layout of the built form. The highway separating the site from the properties on the other side of Factory Lane allows members of the public views into all of the windows.
In terms of loss of light, it is judged that the height and massing of the proposed building would be similar to the original building and to the approved development. Some loss of light would likely occur however this must be considered against the backdrop of the existing street pattern which limits the amount of light reaching windows in Factory Lane. The proposed development would have a similar impact upon light as the original building.
Turning to the level of amenity that the proposed development would provide for future occupiers of the site, the layout of the 2 dwellings would be unorthodox with the living space being divided over four floors. It is judged that there would be adequate living space with all habitable rooms having a source of natural light and an outlook. The kitchen of Dwelling 2 would look out onto the rear boundary wall at close proximity, however the provision of a door and window would allow sufficient light into the property.
The proposal would provide a small common yard to the rear of the building. Whilst this is of a small size which would not be acceptable for a new build dwelling outside of the Conservation Area, it is judged that in order to emulate the original form of the building, some concession to outdoor space is appropriate. This should also be considered having regard to the available outdoor recreational space.
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08/01397/8
provided by Peel beach nearby. Notwithstanding the small size of the small outdoor area, there would be sufficient room within the site for the storage of bins.
In terms of parking provision, it is proposed to provide 3 off street parking space to serve the site. Another space is allocated to serve the tourist unit to the rear of the proposed building. The parking standards set out by the Isle of Man Strategic Plan 2007 Plan require 2 spaces per dwelling to be provided and as such 4 spaces would be required for this development. However provision is made for a reduction in parking where development would result in the preservation of a sensitive streetscape or is otherwise of benefit to the character of the Conservation Area. It is considered that the reflection of the original built form and the town centre location provides justification to relax the parking standards normally applied to developments such as this.
RECOMMENDATION It is recommended that the application be approved. PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties are not granted Interested Party Status:
Mr T Crookhall MHK
Recommendation Recommended Decision: Permitted Date of Recommendation: 03.11.2008
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the erection of two dwellings on the site of the Old Smoke House Yard, Factory Lane, Peel as shown by the plans and information 07 0328 01, 07 0328 02, 07/032804 and design Statement submitted and date stamped 17th July 2008.
The roof(s) must be finished in dark natural slate.
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C 4. on the All windows must have a vertical sliding sash method of opening and be of timber construction and maintained as such thereafter. All doors must be of timber construction and be maintained as such thereafter.
C 5. Prior to the commencement of works, a sample showing the design and colour of the timber boarding must be submitted for approval by the Planning Authority.
C 6. All windows serving bathrooms/W.C must be fitted with obscure glazing and retained as such thereafter.
C 7. Prior to the occupation of either dwelling, all 3 parking spaces must be made available for the use of future occupiers of the dwellings.
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