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23/00146/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00146/C Applicant : Mr B Dighl & Mr M Versluijs Proposal : Change of use from first floor office to residential Site Address : P J Cottage Main Road Kirk Michael Isle Of Man IM6 1AB
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.04.2023 __
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. 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.
This application has been recommended for approval for the following reason. The proposed change of use is considered not conflict with Section 18(4) of the Town and Country Act (1999), Environment Policy 35, Strategic Policy 2, 10 and Housing Policy 4 while according with the provisions set out in Housing Policy 14 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 31st January 2023: o Location Plan
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o Existing Plan o Proposed Plan
This decision also relates to information provided regarding parking upon the site, dated 28th March 2023 __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of PJ Cottage, which is an end of terrace, two storey property with a traditional Manx vernacular style which fronts directly on to the Main Road, Kirk Michael.
1.2 PJ Cottage was originally two properties but in the past have been conjoined into one property, with the ground floor being used as a tea rooms and the upper floor being used as an office.
THE PROPOSAL
2.1 The current planning application seeks approval to change the use of the first floor from office to residential. No external alterations are proposed.
2.2 The apartment is to be accessed via its own main entrance, and will consist of one bedroomed apartment.
2.3 Confirmation was sought with regards to parking on site of which a telephone call confirmed there was a garage and a parking space available at the rear of the site, which will be used in connection with the apartment and not the tearooms to ground floor level and an email was received to this effect dated 28.03.23.
PLANNING HISTORY
3.1 There are several applications on the site, of which the following are relevant in the assessment of the application
16/01231/C - Change of use of first floor residential accommodation to office use and removal of rear boundary wall and creation of off road parking - APPROVED
16/01230/C - Change of use of ground floor residential accommodation in to tea rooms - APPROVED
PLANNING POLICY
4.1 The site lies within an area zoned as Predominantly Residential/ Retail on the Kirk Michael local Plan 1994. The site isn't within a Flood Risk Zone but is within a Conservation Area.
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
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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 This is then followed by the following Isle of Man Strategic Policies, Strategic Policy 2 & Housing Policy 4 which seeks that new development is located primarily within our existing towns and villages, Strategic Policy 10 which seeks that development should be located and designed such as to promote a more integrated traffic network, Housing Policy 17 which seeks that flats should have adequate space for clothes drying, refuse storage, general amenity, a clear pleasant outlook and if practical, car- parking and Transport Policy 1 & 7 which seek that new development should be located close to existing public transport facilities and routes and that the parking provisions of the site are set out in accordance with the Department's current standards.
REPRESENTATIONS
5.1 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the provision of cycle parking storage and an electric vehicle charging point to aid Active Travel and net zero objectives." 20.02.23
5.2 No comments have been received from Michael Commissioners at the time of writing this report.
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST
6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 There are proposed no alterations to the exterior of the property within this application, which means there are no alterations to impact the Conservation Area, whilst this is the case it is also necessary to assess the change of use and whether this would impact the Conservation Area. 6.2.3 The proposed change of use is ultimately unlikely to impact the overall Conservation Area, with the same amount of comings and goings, coming from the site whether the site is being used as an Office or a Residential property. As such with the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.
6.2 PARKING
Turning towards the main body of the assessment and in particular Transport Policy 7, which states that with any new development the parking provisions much be in accordance with the Department's current standards. For this proposed development the parking provisions are "2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity." With the above in mind and when accounting for the information provided by the applicant there would be the required two spaces available within the site.
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6.3 GENERAL AMENITY
6.3.1 In proposals such as these, concern can lie with the potential to cause disruptions to the immediate and adjoining neighbouring properties. In terms of differentiating an office from residential it is often difficult to define how each would behave. Generally office hours are between the times of 9am to 5pm with the occasional office working out of these hours due to the service they provide. Offices are generally quiet with the potential to not be disruptive. When a property is someone's home they have the potential to be home more, could invite friends or family around and have parties which have the potential to be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave.
6.3.2 When looking at whether the dwelling would provide suitable amenity standards the proposal does not provide any details of a garden area or outdoor amenity space. Having requested this information from the applicant, this has not been received. Whilst this is the case, the property provides a suitable standard of space internally and given its location within a town centre and with the property being in close walking distance to green spaces and the historic railway line, the lack of garden space which is a common feature among residential properties within the town centre would not be significant enough to warrant a reason for refusal.
6.3.3 Another aspect of the amenity would be whether the proposal has a clear pleasant outlook from the main principal rooms. The Lounge and kitchen above would have a clear view outside the property, whilst the view is off the rear of the property, this view is a likely view to be had within a town centre, as such it is considered that the views from the principal rooms, lounge and main bedrooms would have a pleasant outlook and all other rooms would have windows to provide natural light.
6.3.4 It is considered that the conversion of the building to provide a dwelling house would provide in most regards adequate living conditions and as such is considered acceptable in this regard.
CONCLUSION
7.1 For the above reasons the proposal does not conflict with Section 18(4) of the Town and Country Act (1999), Environment Policy 35, Strategic Policy 2, 10 and Housing Policy 4 while according with the provisions set out in Housing Policy 14 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.
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.
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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 Director of Planning and Building Control 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 : 27.04.2023
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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