**Document:** DEC Officers Report **Application:** 14/00101/B — Alterations and erection of a second floor extension to create a self-contained apartment (amendment to PA 13/00617/B) **Decision:** Permitted **Decision Date:** 2014-03-14 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34235-lonan-oirr-ushtey-promenade-alteration-apartment-extension/documents/1087729 --- # DEC Officers Report Case Officer: Mr Chris Balmer Photo Taken: 11.02.2014 Site Visit: 11.02.2014 Expected Decision Level: Officer Delegation ## Officer's Report ### 1.0 The Application Site 1.1 The application site accommodates Oirr-Ushtey, The Promenade, Laxey. It is a large period detached dwelling fronting the car park on the promenade. It has the appearance of several original dwellings converted into one and comprises both two and three storey elements. 1.2 The site forms part of square of properties. To the west side of the site is Seabank, a detached three storey property. To the east side is The Pipe Factory, another detached three storey building. To the rear is another dwelling, Cushag, and its rear garden. There are further properties beyond Cushag to the north. To the south is the public car park. ### 2.0 The Proposal 2.1 The application seeks planning approval for alterations and erection of a second floor extension to create a self-contained apartment (amendment to PA 13/00617/B). Essentially this would result in adding a third storey to the two storey part of the house so that it is all three storeys. The west end would include a front facing gable similar to the existing arrangement on the east end of the house so that it would have a broadly symmetrical appearance. 2.2 The application is an amendment to existing consents. The changes are essentially the use of the proposed extension as a separate residential unit rather than using the accommodation as a granny flat/ancillary accommodation incidental to the main dwelling. As approved previously the submission includes an external staircase at the rear, this would be the only means of access the new unit. ### 3.0 Planning History 3.1 The previous planning applications are considered relevant in the assessment and determination of this application: 3.2 13/00617/B - consent granted in 2013 for alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B) 3.3 12/01413/B - consent granted in 2012 for alterations and erection of a second floor extension to dwelling. [Table omitted in markdown export] 3.4 11/00601/B – consent granted in 2011 for the erection of a replacement porch. 3.5 06/01071/B – consent granted in 2006 for alterations and extensions to form additional living accommodation. ### 4.0 Planning Policy 4.1 The Laxey and Lonan Area Plan 2005 identifies the area as being predominantly residential. 4.2 General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: '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; - (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.' 4.3 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." ### 5.0 Representations 5.1 Laxey Commissioners and the DOI Highway Division indicate that they do not oppose the application. 5.2 The Environmental Health Officer (DEFA) indicating the applicant is required to register the flat prior to occupation. ## 6.0 Assessment 6.1 The principle of the extension is already firmly established through the existing recent consents. The main consideration for the current application is whether the use of the building as a separate dwelling is acceptable or not. 6.2 The site is within an area designated predominantly residential and therefore the principle of a further dwelling is in accordance with this designation. Furthermore, the site is within an existing settlement identified as being a ‘Service Village’ under Spatial Policy 3, which states that housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing. 6.3 Accordingly, it is consider the principle of a separate dwelling is appropriate on this site. The next issues relates to the potential impacts upon neighbouring amenities (overlooking, loss of light and/or overbearing impact upon outlooks). In terms of built development, the proposal is essentially the same or similar to what has been previously been approved. The use would change and the likelihood would be that more persons would come and go using the rear external access than under the previous approval. However, it is not considered this additional usage would raise significant impacts upon neighbouring amenities to warrant a refusal. 6.4 As considered previously the external staircase to the rear would not have a substantial impact on public views. The replacement of the window (12/01413/B) with a door would be relatively inconsequential in design terms. There would be potential for overlooking from the staircase over Cushag and its rear garden to the immediate north. However, there are already upper floor windows at the rear of the house and there is no extended platform area forming part of the staircase. Therefore, it is felt that there would be no substantial additional or harmful overlooking of Cushag resulting from the staircase. The applicant has previously agreed that the door at the top of the external stairs could be solid to prevent overlooking. Although there is a window in the same position in the existing consented scheme, it is considered appropriate to require the door to be solid to off-set any additional perceived overlooking from the external staircase. Again a condition is recommended accordingly. 6.5 There are no upper floor windows which would face the neighbouring properties to the northwest of the site, therefore there are no concerns of overlooking by the proposed development. 6.6 The one bedroom property created by the development would have no external amenity space allocated to it; however, the property is located along the Laxey Promenade and beach, with other areas of public open space (park) nearby. Accordingly it is considered the future occupants of the unit would have an acceptable amount of amenity space in the immediate locality. 6.7 No parking provision would be connected with the new property. However, the site is immediately adjacent to a public car park and within a minutes’ walk of a further public car park. There are also a number of parking spaces along Laxey Promenade and in the nearby streets. The Highway Division have no objection to the proposal. ## 7.0 Recommendation 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2 of the Isle of Man Strategic Plan 2007 and the Laxey and Lonan Local Plan, and it is therefore recommended that the planning application be permitted. ## 8.0 Party Status 8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) and should be afforded interested party status: Laxey Commissioners DOI Highway Division 8.2 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) and should be afforded interested party status: The Environmental Health Officer (DEFA) ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 07.03.2014 ### 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 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. The development hereby permitted shall not be carried out except in full accordance with the submitted documents and the following plans 1A, 2, 3B and 4A all received on 28th January 2014. C 3. The external access door at the top of the external staircase on the north west (rear) elevation shall at all times have a solid design with no window openings, unless otherwise first agreed in writing by the Planning Authority. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made:** Permitted **Date:** 14/3/14 ## Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Sarah Corlett Senior Planning Officer Signed: ... Jennifer Chance Development Control Manager --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/34235-lonan-oirr-ushtey-promenade-alteration-apartment-extension/documents/1087729*