Loading document...
==== PAGE 1 ====
22/00155/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 22/00155/B Applicant : Mr Nick Cooper Proposal : Conversion of building into 5 residential units with associated parking Site Address : Stanley House Second Avenue Onchan Isle Of Man IM3 4LT
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.03.2022 __
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. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
==== PAGE 2 ====
22/00155/B Page 2 of 8
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 5. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 6. Prior to the occupation of the development hereby approved, the refuse store(s) shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Reason: In the interests of the appearance of the development and of the amenities of the area.
C 7. Prior to the occupation of the development hereby approved, the secure cycle store(s) shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of cycle storage.
Reason: To ensure adequate cycle provision in lieu of reduced car parking standards.
This application has been recommended for approval for the following reason. Overall, the principle of residential use is acceptable on this site and the use would not have a significant impact upon the visual amenities of the street scene. Further the site is within a sustainable location within Onchan Village and each dwelling would have access to a single parking space each and potential two secure bike spaces. It has also been demonstrated that the reduced level of parking will not result in unacceptable on street parking in the locality. Finally, it is considered the outlook from the new dwellings and general living standards are appropriate. Accordingly, it is considered that the planning application would be comply to General Policy 2, Transport Policy 7 and Housing Policy 17 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 22.02.2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE LOCAL AUTHORITY HAS OBJECTED TO THE APPLICATION CONTRARY TO THE RECOMMENDATION 1.0 THE SITE
==== PAGE 3 ====
22/00155/B Page 3 of 8
1.1 The application site is the curtilage of Stanley House a single storey detached building located on the north eastern side of Second Avenue, Onchan. The building was previously used as office accommodation. The building in terms of appearance is a 1960/70's bungalow, having a more domestic appearance, rather than a commercial building.
1.2 To the east of the site is a single storey workshop building and to the west is factory building and associated area parking. To the north east of the site is an un-development parcel of land and to the south is a residential estate.
2.0 THE PROPOSAL 2.1 The application seeks full approval for the conversion of building into five residential units. Each unit would have one off road parking spaces along part of the eastern and southern boundaries of the site. The dwellings would accommodate two bedrooms, a bathroom and an open plan living/kitchen area. Alterations to the front and rear windows are proposed and a new bin store is also proposed along the southern boundary (road side elevation) and a bicycle shed to the eastern boundary.
2.2 landscaping and hedge plants is also proposed fronting Plots 3, 4 & 5.
3.0 PLANNING HISTORY 3.1 The previous planning application is considered relevant in the determination of this application;
3.2 Conversion of building into five residential units - 21/01100/B - REFUSED on the following grounds; "R 1. It is not considered the dwellings would have "pleasant clear outlook, particularly from the principal rooms" and therefore contrary to Housing Policy 17 and General Policy 2 (h) which requires the dwellings to "Provides satisfactory amenity standards in itself...".
R 2. There is insufficient evidence to demonstrate that the proposed parking layout/size would provide useable and sufficient parking spaces, therefore contrary to General Policy 2 and Transport Policy 7."
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area designated as "Predominantly Residential Use" and a Comprehensive Treatment Area 5 under the Area Plan for the East 2020. The site is not within a Conservation Area.
4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant:
4.3 Housing Policy 4 states: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.
4.4 General Policy 2 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: a) Is in accordance with the design brief in the Area Plan where there is such a brief; 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;
==== PAGE 4 ====
22/00155/B Page 4 of 8
d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) Does not affect adversely public views of the sea; 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."
4.4 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; (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."
4.5 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
Area Plan for the East 2020:
4.7 Comprehensive Treatment Area 5 - Onchan Schools (area shown on Map 6) The site comprises two schools, a factory and some residential streets. The highway network is substandard and needs re-configuration. Re-development of the area could rationalise the uses, make a more efficient use of land and allow for schools to expand as is necessary. There would remain the opportunity for employment uses and if appropriate the redevelopment of the existing houses as part of a regeneration scheme.
CTA Proposal 5 - Onchan Schools (Treatment Plan) Redevelopment of this area for education, light industrial and residential purposes would be supported. Any redevelopment would need to be subject to a development brief setting out the various uses, highway and drainage improvements, public realm enhancement and phasing of development.
4.8 Urban Environment Proposal 2 states; "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context-specific design."
4.9 Residential Design Guide 2021.
==== PAGE 5 ====
22/00155/B Page 5 of 8
5.0 CONSULTATIONS 5.1 DOI Highway Services (on 11.03.2022) making the following comments: "Previous planning application 21/01100/B was a similar proposal that was seeking to convert the exiting building into five dwellings. The application was refused for two reasons including the parking arrangements being insufficient in size to demonstrate accordance with General Policy 2 and Transport Policy 7.
The applicant/agent has provided visibility splays from the access to the site of the conversion. Second Avenue is subject to a 20mph speed limit and as such has a minimum visibility requirement of 25m. In addition, being a low speed environment and within a residential cul-de- sac area with no through roads, it is not expected that there will be a significant volume of traffic passing the site. In this instance a 2m setback would be acceptable.
The visibility splay provided has used a 2.4m setback. To the left on exit, visibility has been drawn to 26m. The access is located next to a bend in the road to the eastern side and as a result visibility can actually be achieved for a significant distance down the road.
To the right on exit, visibility has been drawn to the offside kerbline. A correct visibility splay should be drawn to the nearside kerbline, especially in this instance as the oncoming traffic would be in the nearside lane. In addition, the visibility splay to the right on exit has been drawn up to the edge of the access only, further limiting the visibility achievable. The applicant has indicated with a red line that they own the land up the boundary with the neighbouring property. In this case, the visibility splay could have been drawn over the land that the applicant owns providing there is no obstruction above the height of 1.05m.
The application form has indicated that there will be an overall reduction in the number of parking spaces on the site, from eight to five. As a result it is expected that the number of vehicular movements in and out of the site will also reduce. The proposal would not see an intensification of use of the access and the actual achievable visibility if drawn correctly would meet the minimum requirement for the road. The use and arrangements of the existing access is acceptable to Highways.
Five parking spaces of dimensions 5.5m x 2.8m have been provided. 2.8m is adequate width for the parking of vehicles, including larger SUV's in bays, however a minimum width of 6m is required for the spaces to allow for convenient and safe manoeuvring. Parking has been provided at one space per dwelling, falling below the Strategic Plan parking requirement of two spaces per dwelling. However, the proposal does include the provision of bicycle parking at the minimum requirement of one space per bedroom. The proposal site is located a short walk from School Road which benefits from bus provision. The main retail centre of Onchan providing amenities such as shops and services is within a walkable distance from the proposal site. The proposal falls below the Strategic Plan minimum requirement for parking provision, however full bicycle parking provision and alternative means of travel are readily available to the occupant of the dwellings. Highway Services accept the relaxation the parking requirement for this proposal to one space per dwelling. Highway Services request the revision of altering the parking bay size to a minimum of 6m in length to allow for safe and convenient manoeuvring.
Recommendation: Request additional information/revisions."
5.2 Onchan Commissioners (10.03.2022) have objected on the ground of inadequate parking provision and the negative impact on the neighbouring properties due to highway constraints.
5.3 Forestry, Amenities and Lands (DEFA) have objected to the application on the following grounds (04.03.2022); "I note that a similar application (21/01100/B) was recently refused on the grounds that 'It is not considered the dwellings would have "pleasant clear outlook, particularly from the principal rooms" and therefore contrary to Housing Policy 17 and General Policy 2 (h) which requires the dwellings
==== PAGE 6 ====
22/00155/B Page 6 of 8
to "Provides satisfactory amenity standards in itself...". The attached photos show that the trees to the west of the building are likely to be viewed as 'overbearing' if this building was converted to a residential use. The photo taken at the rear of the existing building shows how low light-levels are, even when the trees are not in leaf. If this application is approved it is likely to lead to pressure in the future for these trees to be removed.
This concern is a result of the position of the building in relation to the trees and existing site levels, so it is difficult to see how it could be addressed. For this reason the Directorate is left with no option but to object to the application.
If the application is approved in spite of this objection, I would recommend that tree-related conditions are not required. Due to the nature of the works that likely to take place on this site to implement the proposed conversion, and the fact that the trees are on a bank above the level of the building, I think the risk of damage occurring during the construction process would be very low. A tree protection plan is, therefore, not considered necessary."
6.0 ASSESSMENT 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact of the works to the street scene; and (d) potential private amenity for future occupants.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly residential use under the Area Plan for the East. Previously the site and surrounding area was designated as "Predominately Industrial use" under the Onchan Local Plan which has not been superseded with the Area Plan for the East.
6.3 The new plan which includes this site and other sites in the area under "Comprehensive Treatment Area 5 - Onchan Schools (Treatment Plan)". This indicates that there could be re- development of the area could rationalise the uses, make a more efficient use of land and allow for schools to expand as is necessary and there would remain the opportunity for employment uses and if appropriate the redevelopment of the existing houses as part of a regeneration scheme.
6.4 Where this site/neighbouring sites would form part of the "Onchan Schools" redevelopment is unclear as no planning application have been submitted which indicates how the schools could be development. However, the principle of using this site for residential is considered acceptable given its land use designation. However, this is not an automatic reason to approve the application as there other issues outlined need to be considered also.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.5 The five dwellings would require two off road parking space. The proposal would have five off street parking spaces within the site and secure cycle storage for 10 bikes. The original application had two spaces per dwelling; however, concerns of how these spaces would be actually be used and impacts upon outlooks have resulted in the applicant to reduce the amount of car park spaces. The applicants have provided a parking survey of the area over a period of 8 days (24th November till Wednesday 1st December) at 7am and 7pm. This suggest during these periods there is little parking in the vicinity of the site. The applicants have also indicated that the proposed use would likely reduce the level of parking and traffic during the day time period compared the industrial use of the site.
6.6 Comments from Highway Services that the length of the parking spaces (proposed to be 5.5m) do not meet the new standards of 6m in length are noted. However, whiles two of the spaces can easterly be altered to achieve this, the three spaces along the eastern boundary would mean the loss of front garden to the properties. In this case, given 5.5m is still a reasonable size and the site already exists i.e. not a new build, it is considered the spaces as proposed are
==== PAGE 7 ====
22/00155/B Page 7 of 8
acceptable in this case. For information a Range Rover has a length of 5m, Ford Mondeo has a length of 4.8m, a Mini has a length of 3.8m and a Fiat 500 has a length of 2.9m.
6.7 Overall, it is considered the units a small two bed units and while they do not meet the parking standards, it is considered a relaxing in this case can be allowed, given each unit would have a single parking space, have access to secure bike storage, within walking distance of Onchan Village (shops/services) and public transport links. Further, the applicant has demonstrated that the reduced level of parking will not result in unacceptable on street parking in the locality.
POTENTIAL IMPACT OF THE WORKS TO THE STREET SCENE 6.8 In this case there are no significant changes proposed and the use of the site as residential will not have an impacts upon the visual amenities of the street scene. It is considered the overall, scheme namely the external proposals would be a betterment to the visual appearance of the street scene.
POTENTIAL PRIVATE AMENITY FOR FUTURE OCCUPANTS 6.9 As outlined within Housing Policy 17 each dwelling needs to have a "pleasant clear outlook, particularly from the principal rooms". The previous application raise a concern on this matter. In this case from the open plan living room/kitchen dinner all of which are served by two windows to the front (east) elevation. It is considered the landscaping to the front of plots 3, 4 & 5 would result in a pleasant environment and beneficial to the occupants. These plots being closest to the neighbouring building to the east were the dwellings which raise most concern previously. This application overcomes these concerns. The outlooks to plots 1 & 2 are not as beneficial to the future opponents; having views of the cycle shed and car parking and therefore is not ideal. However, there is a gap of just under 5m between the windows and these features and would still have a reasonable outlook. It isn't ideal, but it is consider a reasonable compromise.
6.10 Overall, it is considered the dwellings would have "pleasant clear outlook, particularly from the principal rooms" and therefore complies with Housing Policy 17 and General Policy 2 (h) "Provides satisfactory amenity standards in itself...".
IMPACTS UPON TREES 6.11 It is noted the concern raised that the trees to the west of the building are likely to be viewed as 'overbearing' if this building was converted to a residential use and may result in pressure to be removed. However, these windows are small in size and serve bedrooms only (not a primary habitable room). Further, this is an existing building and potential impacts/conflicts are potential already existing, albeit residential has the potential to cause greater concern. Overall, it is considered the benefits of the proposal outweigh the potential concerns of tree loss, which are not substantial in size or have a significant visual amenity value. If these trees impacted the main living rooms (primary habitable rooms) there would likely be more of a concern; however, they don't in this case.
7.0 CONCLUSIONS 7.1 Overall, the principle of residential use is acceptable on this site and the use would not have a significant impact upon the visual amenities of the street scene. Further the site is within a sustainable location within Onchan Village and each dwelling would have access to a single parking space each and potential two secure bike spaces. It has also been demonstrated that the reduced level of parking will not result in unacceptable on street parking in the locality. Finally, it is considered the outlook from the new dwellings and general living standards are appropriate.
7.2 Accordingly, it is considered that the planning application would be comply to General Policy 2, Transport Policy 7 and Housing Policy 17 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.
7.3 It is recommended that the planning application be approved.
==== PAGE 8 ====
22/00155/B Page 8 of 8
8.0 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; (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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 28.03.2022
Signed : C BALMER 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.
Copyright in submitted documents remains with their authors. Request removal