**Document:** DEC Officers Report **Application:** 14/00040/B — Erection of a three storey building to provide ground floor launderette with apartment above **Decision:** Permitted **Decision Date:** 2014-04-17 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34297-rushen-4-promenade-apartment/documents/1087960 --- # DEC Officers Report Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ## Officer's Report ### The Site 1.1 The site is part of a currently undeveloped site which lies on the northern side of The Promenade in Port St. Mary, alongside the public car park and close to the town hall which lies on the other side of the road. The site was previously occupied by buildings which were demolished due to their condition and for which a series of applications were submitted for the redevelopment of the site for residential purposes, none of which has been implemented. The site is 10.8m deep and 8.9m wide and abuts another site which lies to the west which has also been the subject of development proposals which have not been implemented. The buildings which were originally on the site were three storey with commercial units on the ground floor and with vertically proportioned curved headed sliding sashes on the first floor frontage and flat roofed sliding sashes on the second floor. The building had dentilled cornicing and string courses similar to the buildings existing to the south west. ### The Proposal 2.1 Proposed is the development of the site to provide a three storey building which accommodates a launderette on the ground floor with integral toilet facilities and on the upper floors, accessed via a stairwell to the side of the launderette, is a two bedroomed apartment providing around 112 sq m of floor space (nett). The building will extend to within 2m of the side wall of the building to the rear, providing access to the rear of the plot to the west. 2.2 The building will be finished in stonework on the ground floor and rendered walling above with a two floor dormer feature projecting up from above the residential unit front door to breach the front eaves line. 2.3 No car parking is to be provided on the site. The applicant has indicated that they will liaise with Port St. Mary Commissioners in respect of leasing appropriate spaces from the town hall car park which lies alongside. 2.4 Following concerns raised regarding the design of the front of the property, amended plans were submitted which show the introduction of a horizontal glazing bar in the smaller windows on the left hand side of the frontage and the omission of the stonework and balconies. [Table omitted in markdown export] ## Planning Status And Policy 3.1 The site lies within an area of Mixed Use on the Southern Area Plan of 2013. Within such areas it is recommended that, where possible ground floor accommodation should be commercial and residential accommodation above. There is no definition of shop in the current Permitted Development Order which includes the use classes, however, in the 1983 Order, the following was included which helpfully determines particular types of commercial activity: "shop" means a building or part of a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and including a building used for the purposes of a hairdresser, undertaker, or ticket agency, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, cafe, restaurant, launderette, dry cleaners, petrol filling station, office, betting office or hotel or premises licensed for the sale of intoxicating liquors for consumption on the premises." As such, whilst retail use would be acceptable on the ground floor, a launderette is sui generis - ie of its own class and cannot be included within the shop, or any other use class for the purposes of this application. ## Planning History 4.1 Previously planning approval was granted for the erection of a four storey building to form two self-contained flats - 05/01265. This followed an approval for a dwelling, PA 09/01130. On the two plots alongside planning approval was granted on appeal for the erection of a pair of apartments (PA 11/01682). This following approval for a pair of apartments under PA 05/92286 and a dwelling, 05/00558. 4.2 The issues which have been raised in previous applications have been mainly in connection with parking. This was particularly the case with PA 04/00389 which proposed the redevelopment of the whole area - plots 1-4 for a four storey terrace of four dwellings. The appeal inspector recommended refusal on the basis of lack of amenity space, inadequate parking. The Minister however did not accept the recommendation on the basis of inadequate car parking and amenity space and refused the application simply on the basis of over-development of the site. 4.3 The most recent scheme approved on this site is PA 09/01130 which was for a four storey building including dormer accommodation at roof level and garaging at ground floor level. This building was to be slightly taller than that which had approval alongside to the south west and not extending back quite so far as does the building shown in this current application - leaving 3.3m space between the rear of the building and the stone building behind. The building now proposed is 1m shorter than that previously approved. ## Representations 5.1 Port St. Mary Commissioners have no objection to the mixed retail and residential use of the site and they support the use of the adjacent Commissioners' car park for customer parking. They do, however take exception to the indication in the application that the spaces in this car park are available for long term rental for residential use, and they suggest that the applicant is required to enter into a long term lease for a reserved space in their Town Hall car park and the applicant should be aware that such lease may be subject to inflationary rent increases. 5.2 The Highway and Traffic Division of Department of Infrastructure indicate that they do not object to the application on the basis that there is one parking space available to the property at the rear. Taking into account that this space is not accessible, they confirm that they consider that there is adequate space available on street and within the car park and raise no objection to the application. ## Assessment 6.1 The development of the site would uplift the appearance of the area, to the benefit of the village. The provision of village amenities, such as a launderette is also potentially more beneficial for the village than simply residential accommodation, which would be acceptable and which has been approved on the site previously. The form and nature of the development is very similar to what has already been approved. It would be very beneficial if both plots could be developed at the same time (PA 11/01682). 6.2 Whilst no parking is provided on site, there is a public car park alongside which has capacity for additional parking and the local authority who administer the car park have indicated that this would be acceptable. Whilst they have requested that a condition be attached to require the applicant to enter into a lease agreement for the spaces, it could be the case that the residents of the apartment neither want nor need a parking space and as such, a condition like this would be ineffective and irrelevant. It is also inadvisable to require that an applicant does something for which the approval of a third authority is required. As such, it is not recommended that this is required as a condition. A note encouraging the applicant to discuss this would be useful and the applicant has indicated that they have already discussed this with the local authority. 6.3 It is recommended that the development would be welcome within the village and is recommended for approval. ### Party Status 7.1 The local authority, Port St. Mary Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 27.02.2014 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. N . The applicant is encouraged to liaise with Port St. Mary Commissioners to ensure that adequate car parking is available to serve the development. This approval relates to Drawing TE-002-001A received on 1st April, 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 15/4/14 ### 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 Head of Development Management --- *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/34297-rushen-4-promenade-apartment/documents/1087960*