**Document:** Officer Planning Report **Application:** 11/00215/B — Conversion of boarding house into four apartments **Decision:** Permitted **Decision Date:** 2011-05-20 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/567-rushen-lincluden-conversion-dwelling/documents/1243891 --- # Officer Planning Report **Application No.:** 11/00215/B **Applicant:** Chris Heginbotham **Proposal:** Conversion of boarding house into four apartments **Site Address:** Lincluden Glenview Terrace Port Erin Isle Of Man IM9 6HA ## Considerations Case Officer: Miss S E Corlett **Photo Taken:** 03.05.2011 **Site Visit:** 30.09.2010 **Expected Decision Level:** Planning Committee ## Written Representations ## Consultations Consulttee: Highways Division Notes: Refuse Consulttee: Port Erin Commissioners Notes: Oppose Consulttee: EPU & Public Health Notes: Comments received. Consulttee: Manx Electricity Authority Notes: Comments received ## Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THE LOCAL AUTHORITY AND HIGHWAY AUTHORITY HAVE OBJECTED TO THE PROPOSAL ## THE SITE The site is the curtilage of an existing property - Lincluden, which sits on the northern side of Athol Park in Port Erin. The property is a semi-detached property which has three storeys of accommodation and two small rear single storey outlets. To the right is Olive Mount and to the left (west) is 8, Glen View. To the rear of the property is a new apartment complex accommodating four floors of accommodation and associated with the Falcon's Nest Hotel separated from the site by a wall and rear path serving the properties in Glen View to the west of the application site. The lane is narrow and used for bin storage and rear access. A number of the Glen View properties back right up to the lane and a couple have windows in the walling onto the lane. The building's most recent use is as a boarding house. The other properties in the row are single dwellings with the exception of number one which is a take away at ground floor and flat above. Hillside, number 5 had permission for use as flats but appears now to be a single dwelling. ### Planning Status The site lies within an area designated on the Port Erin Local Plan and draft Southern Area Plan which was published in January 2011 as Residential. ### The Proposal Proposed is the conversion of the building into four apartments. Information submitted with the application which was not made clear in the previous submissions, suggests that the ground floor does not lend itself to use as one apartment as this forms the access to the upper floors. With this application is a proposal to create a terraced area in front of the building to create a small garden area along with parking for between five and six vehicles in front and beside the property. Also proposed is the replacement of the existing windows - the front will be sliding sash in all but the top floor where there are already casements, and the rear casements. Further plans submitted after the initial submission demonstrate more fully how the proposed parking will be created, illustrating that the existing incline will be deepened slightly to create a level area alongside the road. ### Planning Policy The provisions of General Policy 2, Environment Policy 43 and Housing Policy 17 are applicable in this case: 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 space 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 adverse 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." EP 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound fabric, rather than its demolition". HP 17: "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." Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. ### Planning History Planning permission has been sought for the conversion of the property to three self-contained apartments - PA 89/1880 and for the erection of advertising - PA 97/0614 - both approved. Most recently two applications were refused for the conversion of the building to four apartments including a rear extension - PAs 10/1351 and 10/1761. These were refused for the reason relating to an over-development of the site and an insufficiency of parking spaces and inadequate privacy and amenities for the occupants of the ground floor flats. ### Representations Environmental Health advise that the flats must be registered under the Housing (Flats) Regulations 1982. This is not a material planning consideration. The Manx Electricity Authority request consultation on the supply of electricity, which is not a material planning consideration. Highways and Traffic Division object to the application on the basis that the parking spaces do not meet their requirements of 2.5m by 5.5m. The owner of 8, Glen View objects to the application on the basis that the increase in traffic from the proposal will be excessive for the cul de sac and the works involved in the construction of the ramp may de-stabilise her property. At least two of these spaces will be tandem, not allowing the user of the first car in to exit if the second car were parked in front. She also expresses concern that if the upper spaces are used for car parking, this would result in nuisance through car fumes and noise which would be detrimental to the enjoyment of her property. The owner of 10, Glen View is concerned about the size and position of the parking spaces, suggesting that they are unusable and that the parking standard set out in the local plan is not being complied with. Port Erin Commissioners consider the proposal to represent over-development of the site and that the proposed parking is impracticable and unacceptable. ### Assessment The property is larger than many single residential properties and would not easily subdivide into three flats, despite there being three floors, due to the position of the staircase - effectively the ground floor cannot be used as a single flat whilst retaining the staircase to give access to the upper floor flats. The alternative would be for a re-arrangement of the ground floor, which would be costly and not terribly practicable, or the introduction of a new staircase, probably at the rear, leaving the upper floors with no front entrance. The proposal creates five parking spaces: the Strategic Plan requires there to be eight - two per apartment. However, the Strategic Plan does make provision for relaxation of these standards where, inter alia, it can be demonstrated that a lack of parking will not lead to unacceptable on-street parking. It is relevant in this respect to note that not all of the properties in Glen View Terrace have on street parking, few have the requisite two spaces per unit and few are the recommended length as advocated by the Highways Authority. The applicant has drawn attention to the car park at the end of Glen View. The parking spaces two and three measure a maximum of 4.8m by 2.3m although the space in front of the parking spaces is not public highway, it is part of the curtilage of the property and over which the neighbour has a right of access to get to their property: the standard generally applied by the Planning Authority is 2.4m by 4.8 - the Town and Country Planning (Permitted Development) Order 2005 refers to the internal dimensions of a permitted garage not to be less than 2.4m by 5m. This conflicts with the provisions of Manx Roads (paragraph 11.18) which states that the minimum internal size of a single garage in 5m by 3m per car space. This document requires private parking spaces to be 6m by 3.25m. It should be noted that Manx Roads states in its Introduction (paragraph 1.2) "This guide will therefore deal with the development of smaller scale sites related to existing settlements". Elsewhere in Glen View Terrace some of the properties have parking spaces in front of the building, some - numbers 1, 3, 5 and 8 have no parking spaces and a full garden which extends right to the road in front. Of those which do have parking spaces, many are not full length - number two is long but very narrow at the entrance, number 4 has a shed in the parking area, number 6 is probably the largest parking space and number 7 has decking which extends into the parking area, reducing its length. Both 6 and 7 had cars parking within the parking spaces at the time of one of the site visits, the vehicles only slightly protruding into the road and did not block the road in any way. The subdivision of the building into flats will increase the amount of car parking requirement and the amount of traffic - pedestrian and vehicular to and from the property. However, as a boarding house, this would have generated more traffic than a single dwelling and the property already has a wider parking area in front of the building than do other properties in the terrace. The outlook from the rear ground floor windows is not ideal but the apartments have front aspects from some of the rooms: the parking arrangement is contrived but usable. However, the building is of a size as not to be conducive to most single dwelling requirements and the internal layout does not easily lend itself to a fewer number of units. Two of the parking spaces are slightly shorter than the recommended length but not significantly shorter than others in the terrace which appear to be used satisfactorily. Some of the properties in the terrace have no on site parking at all. The policies relating to the conversion of buildings to flats require that they have enough space for amenity and practical purposes, which these will have and state that where practicable, parking should be provided. In this case there is space for more than one space per apartment with three of the spaces being tandem - ie involving the movement of one or more vehicles to access others. There are parking spaces in the vicinity - on street spaces and a public car park. The matter of the structural stability of the boundary wall between the site and number 8 is a civil matter and there is little within the application to suggest that the proposed works will result in adverse impact on this wall. There will be vehicles moving and parking alongside the side of the ground floor bay of the adjacent property but this is only one of three windows serving this room and the one which offers least outlook and privacy - anyone standing in the side garden of the application property can see straight into this window. On balance, whilst the scheme is not ideal, the benefits of re-using an existing building and providing four apartments within a village centre where there is some parking provided, is considered to be acceptable. ### Party Status The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. The owners of 8 and 10, Glen View should be afforded party status as their properties are alongside the application site. The Manx Electricity Authority and Environmental Health Inspector do not raise material planning considerations and as such should not be afforded party status in this instance The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 03.05.2011 ### 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 permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the conversion of the building into four apartments and the provision of car parking, all as shown in drawings 11/14/02 Rev A received on 4th April, 2011 and 11/14/01 received on 7th February, 2011. C 3. Prior to the occupation of the apartments hereby approved, the parking provision as shown in the approved plans must be provided and available for use and thereafter retained for use in association with the approved apartments. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: A Authority Meeting Date: 19-5-11 Signed: S. S. S. S. Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO --- *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/567-rushen-lincluden-conversion-dwelling/documents/1243891*