**Document:** Planning Report and Recommendations **Application:** 09/02122/B — Demolition of existing car port and erection of a dwelling with integral garage **Decision:** Permitted **Decision Date:** 2010-06-02 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64309-german-23-bridge-street-dwelling-garage/documents/1394026 --- # Planning Report and Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Background The proposal is before the Planning Committee due to the prior involvement of the Senior Planning Officer and the Director of Planning with the application. #### The Site The application site represents the part of the existing residential curtilage of 23 Bridge Street in Peel. The site currently provides a carport and part of the rear yard of Number 23. The site is situated between Number 23 which is the end property of a terrace of three similar two storey dwellings which have retained their traditional appearance, and the three storey property Number 26 Shore Road which extends around the corner of Bridge Street and Shore Road. The orientation of the two adjacent buildings results in a wedge-shaped site which is wider at the front than the back. THE PROPOSAL This application seeks approval for the demolition of the existing car port and the erection of a three storey dwelling on the site. The dwelling would have a single car garage and pedestrian access at ground floor level, a bedroom and bathroom at first floor level and an open-plan living area on the second floor. There would be a balcony at second floor level overlooking the rear yard of the proposed dwelling along with Number 23 Bridge Street and Number 25 Shore Road. The proposed dwelling would continue the roof line of Number 26 Shore Road and as such would be higher than Number 23 by approximately 1 metre. The property would be single fronted with a traditional fenestration similar to those of adjacent properties. The front façade would have a painted render finish and the roof would be finished with natural slate. It is proposed to finish the rear wall with treated timber horizontal boarding. The windows and doors would be light oak colour uPVC. The rear elevation would project approximately 1 metre beyond each adjacent property. A small yard area measuring approximately 3 metres by 2.5 metres would be provided to serve the proposed dwelling by using part of the rear yard of Number 23 Bridge Street. The applicant is also proposing an enclosed garage approximately 110 m from 23 Bridge Street. The garage is sited at the rear of Circular Road, which runs off Bridge Street to the south. PLANNING STATUS In terms of local plan policy, the application site is located within an area designated as being "Mixed Use" and within the "Conservation Area" under the Peel Local Plan, 1989. There is a policy within the Peel Written Statement (Planning Circular 6/89), which is considered specifically material to the assessment of this current planning application - Policy 9.16 states: "Particular attention will be paid to the alteration or extension of a building within the Conservation Area which must be carried out in a manner sympathetic to the existing building and its setting". In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies which are considered specifically material to the assessment of this current planning application - 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 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; (1) 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." Environmental Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development". Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards". PLANNING HISTORY The following previous planning application should be considered in the assessment and determination of this application: PA 08/00563/B - Demolition of existing car port and erection of a three storey dwelling - Refused The application was refused as the proposal would have removed the off-street parking provision currently available to Number 23 Bridge Street whilst providing inadequate parking provision for the proposed dwelling. Also the proposed development would have failed to provide an acceptable level of amenity for a new dwelling and as such would contravene part (h) of General Policy 2 of the adopted Isle of Man Strategic Plan 2007, which relates to the provision of satisfactory amenity standards. REPRESENTATIONS The Department of Transport Highways Division do not oppose has no traffic management, parking or road safety implications. Peel Town Commissioners recommend that this application be approved. The owners/occupiers of 21 Bridge Street, Peel object to this proposed development. Their reasons for objecting may be summarised as concerns relating to the impact upon the Peel Conservation Area and the loss of parking. The owner/occupier of 25 Shore Road, Peel objects to this application. Their reasons for objecting may be summarised as concerns relating to parking, refuse, loss of light and overlooking. ## ASSESSMENT In considering the application it is appropriate to acknowledge the issues raised and considered in the previous assessment and the subsequent appeal hearing. The issues related to the amenity of the proposed dwelling, the amenity of adjacent properties and the impact upon the Conservation Area. It is judged that the proposed dwelling would not detract from the Peel Conservation Area nor would it have an unacceptable impact on the residential amenity of future occupiers of the dwelling or the adjacent properties as to warrant a refusal of the application (which was also acknowledged and agreed by the Appeal Inspector from the previous application - PA 08/00563/B). Having said this, the parking issue is judged to be the outstanding point to be addressed in the assessment and determination of the application. It is agreed that the previous application and the current proposal requires 2 spaces as stated in the parking standard in Appendix 7 of the Isle of Man Strategic Plan, 2007; however, the failure to accommodate two parking spaces was the sole reason for refusal in the inspectors report from the previous application. 19 March 2010 Since the previous decision was issued, the applicants have been in discussions with the Department of Transport Highway Division and with the Planning Authority to satisfactorily resolve the matter. The advice from the Highways Division (e-mail 5th August) produced prior to the existing application being submitted centred on the fact that 1 off-street parking space would be required to serve 23 Bridge Street and 1 off-street parking space to serve the new development. As the new development is proposing one space; it was recommended that the proposed application would be acceptable in terms of highway issues if 23 Bridge Street can be served by an off-street parking provision within 250 metres of the property, subject to this provision being secured legally for a duration of at least 20 years. In response to this advice, the applicants have purchased a garage approximately 110m from 23 Bridge Street (which is sited at the rear of Circular Road, which runs off Bridge Street to the south). With the garage clearly in accordance within the recommended distance from The Highway Division and the subsequent lack of opposition from the Department of Transport Highways Division, this is taken as evidence that the proposal would not cause any undue impact on the local highway. It is considered that given the acceptance by the Highway Division of the proposed parking arrangements the proposed development would be acceptable in this instance. **RECOMMENDATION** It is recommended that the application be permitted. **PARTY STATUS** It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Peel Town Commissioners - The Department of Transport Highways Division - The owners/occupiers of 21 Bridge Street, Peel - The owner/occupier of 25 Shore Road, Peel **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 18.02.2010 **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. 19 March 2010 C 2. This approval relates to the submitted Location Plan, Site Plan, Drawing 100, Applicants Supporting Letter and e-mail from The Department of Transport Highways Division all received on 31st December, 2009. C 3. The development hereby permitted shall not be begun until documentary evidence is produced to the Planning Authority to show that contracts have been entered into by the applicant to enter into a legal agreement ensuring that the garage off-site (as identified on the submitted location Plan - at the rear of Circular Road) is secured to 23 Bridge Street, Peel, and shall be kept and maintained thereafter. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Committee Meeting Date : Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO As a result of the Planning Committee Meeting it was agreed that as the application site is located within the Peel Conservation Area it was appropriate to attach two additional conditions requiring the front elevation windows to be sliding sash windows (PVC acceptable) and for the front door to be a timber, 4 panel, Victorian style to preserve the locality. It was also considered appropriate to delete condition 3 and to require the legal agreement to be entered into prior to permission being granted. Members resolved to approve the application subject to the following conditions and a legal agreement to secure the use of the off-site garage in connection with the application property. C3 Notwithstanding the submitted plans, the windows to be installed on the front elevation shall be of sliding sash only with glazing bars and shall be retained as such. C4 Notwithstanding the submitted plans, prior to the installation of a front door and framework, details of the door and framework shall be submitted to and approved in writing by the Planning Authority. --- *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/64309-german-23-bridge-street-dwelling-garage/documents/1394026*