**Document:** Planning Officer Report Recommendations
**Application:** 11/01682/B — Erection of a pair of apartments with garaging to replace two demolished dwellings
**Decision:** Permitted
**Decision Date:** 2012-02-08
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/2036-rushen-plot-formerly-1-replacement-dwelling/documents/1261842

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# Planning Officer Report Recommendations

### Officer's Report

[Table omitted in markdown export]

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE HAVE BEEN CONCERNS RAISED BY THE LOCAL AUTHORITY AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

### The Application Site

1. The site, plot formerly 1 and 2 the Promenade, Port St. Mary, represents a piece of land which lies to the southwest of the public car park in Port St. Mary, opposite the town hall and on the north western side of The Promenade.

2. The site is presently vacant, having previously accommodated a terrace of dwellings which were ordered by the local authority to be demolished in 1998 due to the condition of the buildings. The original site is now in the ownership of two separate parties.

3. The site is 11m deep and 8m wide fronting onto The Promenade. To the northeast is another plot which has planning permission for development in the form of a single dwelling (09/01130/B) and two apartments (PA 05/01265/B).

### Proposal

4. The application seeks approval for the erection of a pair of apartments with garaging to replace two demolished dwellings. The proposed building would have a width of 8 metres, a total depth of 8.2 metres and a ridge height of 11.3 metres.

5. The proposal would be set over three floors plus dormer accommodation with the roof space providing two, two bed room apartments. All rooms, with the exception of a W.C. and bathrooms, will have windows within the front elevation facing the town hall. Each apartment will benefit from an integral garage which are both located at ground floor level, accessing onto The Promenade.

6. A communal yard accessed by both apartments can be found to the rear of the building, where bin and oil tanks can be stored. This yard is accessed via a right of way which runs along the rear boundary of plots 3 & 4 to the public car park.

### Department Policies

7. The application site is within an area recognised as "Existing Predominantly Tourist Accommodation", under the Isle of Man Development Plan Order 1982. The site is not within an adopted Conservation Area.

8. It should be noted that under the Modified Draft Area Plan for the South, dated January, 2011, the site is identified as being within an area of "Mixed Use". The site is also within a proposed Conservation Area under the Modified Draft Area Plan for the South.

9. Whilst the site is not within a designated Residential Area, it is within a built up area and consistent with the most up to date Area Plan, albeit that this is not adopted. It has been the subject of a public inquiry in which the topic of the designation of this site was not contested nor debated. As such, the principles contained in General Policy 2 are considered applicable:

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:

- (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."

### Planning History

10. There are a number of previous planning applications which are considered relevant in the assessment and determination of this application:-

11. Erection of a dwelling - Plots 3 and 4, The Promenade - 09/01130/B - APPROVED
12. Erection of a pair of apartments with garaging to replace two demolished dwellings - Plot, Formerly 1 And 2 The Promenade - 05/92286/B - APPROVED (extension of time request accepted application expires on the 10th February 2012).
13. Erection of a four storey building to form two self contained flats - Plot Formerly 3 and 4 the Promenade - 05/01265/B - APPROVED
14. Erection of a four storey dwelling to replace two demolished dwellings - Plot Formerly 1 And 2 The Promenade - 05/00558/B - APPROVED
15. Approval in principle for the erection of replacement dwellings on vacant site - 1-4 The Promenade, Port St. Mary - REFUSED at appeal

REPRESENTATIONS

16. Port St Mary Commissioners have objected to the application on the basis that a similar application has been approved but has lapsed; since the last application the site is identified as being within a proposed Conservation Area and there are concerns about unsympathetic construction of roof levels along The Promenade; Manx stone barn to the rear of the site would be totally obscured by the proposed development; lack of outdoor amenity space; question were bin storage would be stored; six windows to rear elevation overlooking the existing dwelling to rear; loss of light to conservatory of Ayr House; loss of three on street parking spaces and with only one space per apartment concern of an increase in pressure on parking in the area.

17. Highway Division indicates that they do not oppose the application

18. The Manx Electricity Authority has not commented on the merits of the application but ask for an informative note be attached.

19. The EPU & Public Health has not commented on the merits of the application but ask for an informative note to be attached.

20. The owners/occupants of Cornaa, The Promenade, Port St. Mary have asked to be granted party status as their land (garage) is attached to the wall of what was 1 The Promenade. They make no comment on the application.

### Assessment

21. This latest proposal involves the same building which has previously been approved under applications 05/00558/B (single dwelling) and 05/92286/B (two apartments). The building in terms of its massing, height, footprint, design and window positions is exactly the same as the current extant planning application 05/92286/B.

22. The proposal in terms of design, scale and massing is similar to the adjacent approved building on the adjacent plots 3 and 4. The proposal roof ridge is 0.8 metres lower, but the doors and windows levels run level throughout the two plots.

23. The site is designated as "Existing Tourist Accommodation", which does not reflect the existing or approved use of the site. The designation in the draft Area Plan is more accurate, reflecting the range of uses undertaken in the immediate vicinity.

24. Approval has been granted for residential development on this site and that alongside in a form similar. Whilst the proposed use is not in accordance with the land use designation in the prevailing plan, regard should be had to the provisions of General Policy 2.

25. Whilst there is a current extant planning approval for exactly the same scheme, given no development has commenced the application has to be considered from a fresh, but significant weight is attached to the current approval.

26. It is considered the main issues to consider are the potential impact upon residential amenities of neighbouring properties, the visual appearance within the street scene, amenity levels of future occupants and car parking provision.

Potential impact upon residential amenities of neighbouring properties

27. It is perhaps important to note that the site has been previously developed, but the buildings where required to be demolished. Therefore whilst any development on the site will have an effect upon residential amenities, it needs to be considered that the site has been previously developed and these previously buildings would have had an impact upon these neighbouring amenities.

28. In terms of residential amenities the Planning Authority is generally concerned with three aspects; loss of light, overlooking and whether the proposal would have an overbearing impact.

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*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/2036-rushen-plot-formerly-1-replacement-dwelling/documents/1261842*