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Application No.: 22/01160/B Applicant: Mr & Mrs Stuart & Heather Blackley Proposal: Demolition of front elevation wall, rear outrigger and rear boundary wall, rebuilding of front wall and rear boundary wall, and construction of two storey rear extension and additional use of ground floor as Class 1.2 (Financial and professional services) and Class 2.1 (office) Site Address: 37 Michael Street Peel Isle Of Man IM5 1HD Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.10.2022
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.
N 1. For the avoidance of the doubt, the application hereby approved includes the use of the first floor as a single residential apartment.
This application has been recommended for approval for the following reason.
The proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. The application also meets the tests of Strategic Policy 4 and Environment Policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. Given the proposed layout and design of the property, the application also meets Transport Policy 7, Strategic Policy 12, Infrastructure Policy 5, Community Policy 7, Community Policy 10 and Community Policy 11. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to drawings 1059-001, 1059-002 and 1059-003, together with the other information submitted on 14th September 2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is 37 Michael Street, Peel. The property is a two storey pitched roof mid terrace building with a commercial unit at ground floor level and a residential apartment at first floor level. The property has a single storey rear outrigger and boundary wall in exposed local sandstone. The property is located in the Peel Conservation Area.
2.0 THE PROPOSAL - 2.1 This application proposes to demolish the front elevation wall and rebuild in a similar manner with a painted timber traditional shopfront at ground floor level and three UPVC framed sliding sash windows at first floor level. At the rear of the property, the application proposes to demolish the existing single storey outrigger and replace with a two storey pitched roof outrigger with horizontal cladding at first floor level, smooth render walls within the rear yard. The lane facing wall at ground floor level forms part of the yard boundary wall, and is proposed to be exposed local sandstone. It is proposed that the rear outrigger roof would be finished in natural slate to match the main building. - 2.2 In addition to the physical works proposed described in 2.1 above, the application proposes an additional use of the ground floor retail unit as Class 1.2 (Financial and professional services) and Class 2.1 (office). The additional use as Class 1.2 proposed is permitted within Class 1 of the Town and Country Planning (Change of Use)(Development)(No.2) Order 2019.
3.0 PLANNING POLICY - 3.1 The site is in an area defined as mixed use in the Peel Local Plan 1989, and within the Peel Conservation Area. The site is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999
S18 Designation of conservation areas
(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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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:
The Strategic Plan contains advice on the provision of adequate car parking (Transport Policy 7) and in the case of residential property there should be 2 parking spaces for a unit with 2 bedrooms or more and in the case of shops the requirement is spaces for staff, customers and service vehicles.
However, the Strategic Plan states: "These standards may be relaxed where development:
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are:
Strategic Policy 12, Infrastructure Policy 5, Community Policy 7, Community Policy 10 and Community Policy 11.
3.5 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
4.0 PLANNING HISTORY - 4.1 The only previous planning application that infringes the site is an application at 41 Michael Street in 1998 for the conversion of first floor residential accommodation to office use.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure Highways Division have stated that they judge the application to have no significant negative impact upon highway safety, network functionality and/or parking. The Applicant is advised that under s63 of the Highways Act DOI consent is required for retaining walls that are within 3.5m of the highway and are a height greater than 1m as for that abutting Factory Lane. The Highway Asset Group takes forward the structural approval stage. Additionally, Highway licences may be necessary for any equipment or materials placed in / on the road and or path as well a temporary traffic management / road closures to facilitate the works (12.10.2022).
6.0 ASSESSMENT - 6.1 The issue here is whether the proposals would preserve or enhance the special character of the Peel Conservation Area. - 6.2 The application proposes to demolish and rebuild the existing front elevation, which is currently in a poor state of repair. The form, scale and style of the proposed front elevation with three sliding sash windows at first floor level and a painted timber traditionally styled shopfront is judged to be entirely appropriate for this part of the conservation area, and would be likely to preserve the character of the conservation area. - 6.3 At the rear of the property, the application proposes to demolish the existing single storey outrigger and construct a two storey replacement. The form and scale of the proposed outrigger, with a symmetrical pitched roof and a centrally located first floor window is judged to be appropriate given the other rear outriggers in existence in nearby properties along the lane. At ground floor level, the proposed outrigger rear wall forms part of the yard boundary wall, and the wall is proposed to be finished in local sandstone reclaimed from the demolition. At first floor level, the walls are proposed to be finished in horizontal cedral ship lap type boarding. The applicant's agent states that this material is commonplace in maritime environments and has been used successfully on the quayside in Peel. Whilst ship lap boarding has been used elsewhere in the conservation area, it is not currently evident on Factory Lane. Given that the boundary walls are proposed to be finished in local sandstone and that the roof is proposed to be finished in natural slate, when considered as a whole on balance it is judged that the rear outrigger would preserve the character of the conservation area. - 6.4 The application seeks additional use of the ground floor commercial unit as Class 2.1 (office), and to confirm the existing use of the first floor as a residential apartment. Although in a state of disrepair, the existing first floor layout clearly demonstrates a historic use as a residential unit. The proposed scheme includes an independent entrance to the first floor apartment through the rear yard via Factory Lane and includes a bicycle store and bin storage area. The proposed additional use of the ground floor unit as office falls outside of the changes of use permitted within the 2019 order. In this instance the additional use of the ground floor as an office is considered to be modest in scale and to fit within the mixed use designation included in the Peel Local Plan. The location of the property, within walking distance of all the local amenities and bus stops, and given the benefit of the scheme to the streetscape of Michael Street, the property is judged to fit within the parking relaxation categories within Transport Policy 7. The continued use of the first floor as a residential apartment and the additional use of the ground floor as an office (Class 2.1) is therefore judged to be acceptable.
7.0 CONCLUSION - 7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved. Given the proposed layout and design of the property, the application is also judged to meet Transport Policy 7, Strategic Policy 12, Infrastructure Policy 5, Community Policy 7,
Community Policy 10 and Community Policy 11. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date: 25.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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