**Document:** Planning Report and Recommendations
**Application:** 06/02096/B — Refurbishment and alterations to building
**Decision:** Permitted
**Decision Date:** 2007-04-20
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/82164-lonan-the-former-pipe/documents/1486647

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# Planning Report and Recommendations

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export]

### Officer's Report

## THE APPLICATION SITE AND PLANNING APPLICATION

The application site comprises the curtilage of a building, commonly known as Laxey Pipe Factory, which is located on the corner of the junction of Tent Road and Laxey Promenade in Laxey.

The planning application proposes the refurbishment of the building to form offices with ancillary residential accommodation associated to the office use.

### Planning History

The application site has been the subject of three previous planning applications that could be considered potentially material to the assessment of this current planning application.

Planning application 94/01471/B sought approval for alterations to the front elevation of the building including the removal a balcony. This previous planning application was initially considered and approved on the 17th March 1995, with the initial approval decision notice issued on the 2nd March 1995.

Planning application 04/02575/B sought approval for the refurbishment and alteration of the building. This previous planning application was initially considered and approved on the 9th September 2005, with the initial approval decision notice issued on the 19th September 2005. The Planning Committee confirmed the approval at review on the 11th November 2005, with the review approval decision notice issued on the 18th November

2005. An appeal against the conditions of the approval was partially upheld and an amended approval decision was issued on the 12th June 2006.

Planning application 06/01389/B sought approval for the refurbishment of building to form office, including external alterations to building and the provision of ancillary accommodation to be used in association with office use. This previous planning application was considered and approved on the 30th October 2006, with the approval decision notice issued on the 30th October 2006.

### Representations

Laxey Village Commissioners have no objection to the planning application subject to the approval of details of the proposed windows prior to the commencement of works.

The Department of Transport Highways Division do not oppose the planning application subject to the provision of ten parking spaces to the serve the needs of the building.

Manx National Heritage expresses an interest in the planning application and highlight the historical and architectural value of the building within Laxey. They support the registration of the building.

The Society for the Preservation of the Manx Countryside and Environment object to the planning application on the grounds that they consider the proposed fenestration to be inappropriate.

The owners and/or occupants of Oirr Ushtey, which is located adjacent to the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the installation of replacement windows of a different design with an increased amount of glazing that will allow greater overlooking and a consequential loss of privacy. They consider the design of proposed windows and the introduction of French windows with balconies will adversely affect the character of the building and that the windows proposed in the previous planning application were preferable. Furthermore they consider the proposed replacement doors to also be out of keeping with the building and the Conservation Area and the proposed signage to be inappropriate. They also express concern regarding the lack of progress on the registration of the building.

The owners and/or occupants of Nyn Ayrn, which is located on Old Laxey Hill, object to the planning application. The grounds for their objection can be summarised as concern the proposed alterations are not in keeping with the building.

### Planning Policy

Under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is designated as being within predominantly residential use. The application site is also within a Conservation Area, and whilst it is not Registered it is understood that it is being considered for Registration.

#### Policy L/COMM/PR/3 states:

"Office use may be permitted in those areas designated for "mixed use". Office use may also be permitted within existing buildings throughout the study area outside areas of mixed use where it can be demonstrated that:

1. the building in question is of architectural interest and that the use of the building or part of the building will assist in the renovation and/or maintenance thereof and
2. where adequate car parking is available (preferably on site) to accommodate staff and visitor's vehicles which may be generated by the use of any other part of the building for other purposes and
3. the proposed use will not be detrimental to the amenities of adjacent land users and
4. the use of the building for offices will not significantly alter the appearance of character of the building or the site in which the building is situated."

#### Policy L/CRB/PR/4 states:

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with The Town and Country Planning Act 1991 (12.(4)."

#### Policy L/CP/PR/1 states:

"In the interests of conserving the traditional character and appearance of the area the Department will adopt a flexible approach to the requirement for car parking in association with existing property inasmuch as where it

is possible to provide car parking for the use of the building concerned the Department will expect the provision of parking for residents in the case of residential property and staff and customers in the case of commercial property. However, where the provision of car parking would be detrimental to the appearance or character of the area, car parking standards may be relaxed."

### Policy L/CP/PR/3 states:

Notwithstanding 9.5 above (Policy L/CP/PR/1), the Department will require the provision of adequate car parking in new commercial and industrial development to cater for the likely workforce to be employed and also for visitors who are likely to visit the premises. The availability of existing on-street parking will be taken into account when accessing the need for on-site parking."

The provisions of Planning Policy Statement 1/01 and Planning Circular 1/98 are material to the assessment of the planning application.

### Assessment

The planning application proposes the refurbishment of the building to create office accommodation with basement car parking and ancillary residential accommodation. The works proposed by the planning application include the external alteration of the building.

The three main considerations in the assessment of the planning application are considered to be the previous planning applications/approvals, the implications of the relevant policies of the Laxey and Lonan Area Plan Order 2005 and the impact of the proposed development/use on the amenity of the surrounding area and residents.

In terms of the previous planning applications/approvals it has to be recognised that there is an extant approvals under previous planning applications to use the building as office accommodation. Indeed the development proposed by this current planning application is basically amendments to the external alterations previously permitted through planning application 06/01389/B. As such the proposed use of the building, internal alterations and car parking provision have already been deemed acceptable. It is therefore not the role of this current planning application to re-examine this issues. Based on pre-application discussions it is understood that the applicant company's business is the manufacture of large scale heavy machinery used within the mining industry throughout the world. The building would be primarily used to accommodate the company's design team who put together tender documents and designs. Due to the nature of the tender and design preparation process the company wants staff accommodation contained within the building, which can be found on the second floor of the building. The occupation of this accommodation will be solely restricted to those associated to the use of the building and control of this by condition was discussed prior to the submission of the planning application.

Turning to relevant policies of the Laxey and Lonan Area Plan Order 2005, it is widely recognised that the building has landmark qualities and as such it is considered the use of the building has benefits in terms of safeguarding the future protection of the building. As such, the building is clearly of architectural interest and its use would assist renovation and maintenance. The general relationship and the distances between the building and the nearest residential properties are sufficient to ensure that the use of the building will not unduly affect the amenity of the surrounding area and residents. Indeed, it is considered relevant to note that the use of the building is likely to be significantly less than that of the previously approved use through previous planning application 04/02575/B. Whilst the proposed windows do have an increased glazed area it is considered that the level of increase is modest and that due to the proposed use of the building any overlooking of neighbouring property would be suitably limited. As such it is felt that the proposed use of the building accords with the provisions of policy L/COMM/PR/3.

The amount of on site car parking that can be provided is limited by the physical constraints of the building and the application site. Nevertheless the planning application proposes five spaces within the basement and the applicant's agent has advised that the relevant part of the Department of Transport is willing and able to provide up to twelve spaces under contract within Laxey Shore Road car park or at the root of Laxey Breakwater. Whilst it may be beneficial for the applicant to enter into such an agreement with the Department of Transport to lease car parking spaces there are difficulties in prescribing a specifically precise condition. Given the proposed on site car parking, the car parking within the surrounding area and the local car parks tallied against the benefits of bringing the historic building into use it is considered that the proposed car parking is acceptable without the need for condition. A relaxation of car parking standards is acceptable in accordance with policy L/CP/PR/1 and the availability of existing on-street parking is a valid consideration under policy L/CP/PR/3.

As regards the impact of the proposed development/use on the amenity of the surrounding area and residents it is considered that any such impact will be suitably limited so as not to cause undue detrimental impact. As previously stated the general relationship and the distances between the building and the nearest residential properties are sufficient to ensure that the use of the building will not unduly affect the amenity of the surrounding area and residents. There are clear benefits in refurbishment of the building and bringing it back into everyday use.

Given its historic nature and the possible registration the alterations proposed by the planning application have also been assessed by Steve Moore, Building Conservation Officer. His report on the specifics of the external alterations follows below.

### Case Officers Report

### Conservation Officers Supplementary Report

I have considered the content of the application with particular consideration to POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS AND POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT as set out within Planning Policy Statement 1/01, and Planning Circular 1/98 The Alteration and Replacement of Windows, specifically paragraph 6. Category b) BUILDINGS IN CONSERVATION AREAS.

I was able to visit the property on 11th October 2006 and meet with the applicant. We walked around the inside of the building discussing their proposals, which in the main, are as proposed within this application. The property has an interesting history latterly being a factory producing pipes for smoking. During my visit there was other evidence of the fire and subsequent repair that occurred in 1986.

Internally, the building has a central line of cast iron columns which affectively divide the space in two longitudinally. This colonnade is to be retained as part of his scheme. Much of the internal, architectural interest relates to the juxtaposition of the various beam and joists that span from the walls onto these columns and make up the structure of the timber floor giving a real sense of the building's former industrial use.

The existing South East Elevation fronting on to The Promenade was altered in the mid 1990's and as it exists, is in my opinion poor. The proposed treatment of this elevation with the reduction of the width of the balconies (as verbally agreed with the architects) emphasises once again the vertical, 'warehouse style' frontage and alludes to the original elevation and is in my opinion, more in keeping with the character of the building.

I note the neighbour's comments about the replacement doors (presumably to the frontage of the building). In my opinion, the re-introduction of the vertical elements onto the frontage is far more acceptable than that that exists. The glazing style of the doors, whilst not following that of those originally in place, does draw on the style of the existing and proposed windows and is therefore acceptable.

The other external alterations are relatively minor save for the replacement of the windows and the addition of grilled apertures that serve to ventilate the Basement car parking and the non-illuminated signs on the front elevation. The removal of a large metal flue from the Rear Elevation and the insertion of an exit door into the North West Elevation are also here proposed but were approved under application 06/01389/B.

The issue of the non-illuminated signage is to my mind non-contentious. The signage utilises the Manx '3 Legs' symbol as I understand that this building is intended to be the Company's Head Quarters.

The replacement of the windows is to my mind, the most contentious issue of this application. The windows 'in-situ' date back to 1996 when they were replaced by the Architects Section of this Department.

Those windows proposed in this application are inward opening, bi-parting casements. Of note, is that the applicant has sourced windows, apparently from the same manufacturer as the replacements in 1996.

Archive photographs are quite clear in that the replacements in 1996 effectively followed the opening pattern and glazing style of those in place prior to 1996.

The North Elevation windows as existing, are in the main fixed with 9 of the 24 Ground, First and Second Floor windows opening in a top third 'hopper style' inward opening casement window, with the remaining section being fixed.

The South Elevation windows as existing, has 12 of 24 Ground, First and Second Floor windows opening in a top third 'hopper style' inward opening casement window, with the remaining section being fixed.

The Rear or North West Elevation (as noted on the applicant's drawings) windows as existing, has 3 of the 6 Ground, First and Second Floor windows opening in a top third 'hopper style' inward opening casement window, with the remaining section being fixed.

Of consideration, is that the previous application (06/01389/B) allowed for the renovation and therefore retention of the existing windows and that a neighbour raises concerns about increased noise levels from the building whilst utilising this format of window. In addition, this application effectively allows that all of the windows would be the same throughout the elevation. Those in place, as evidenced above are a mixture of fixed windows, top opening 'hopper style' windows and various ventilation devices such as cowls and fans. The proposed will essentially be all one opening type.

The windows currently 'in-situ' are not the originals and the applicant has sourced windows, apparently from the same manufacturer as the replacements in 1996 and that seek to emulate those in place. In practice, it is unlikely that the windows will all be fully open at any one time. Indeed, Building Control will stipulate the fixing of 'stays' to the windows to prevent them being fully opened and therefore somebody from within, falling out.

Having considered the points as set out above, I consider that the replacement of the windows is acceptable. In my opinion, the proposals respect the potential Registered Building and must be considered an enhancement to the Conservation Area both in terms of getting the building back into use and the detailed design of the scheme. I correspondingly recommend approval of this application.

### Overall Conclusion

Based on the conclusions of the case officer and the conservation office it is recommended that the planning application be approved.

### Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- The Laxey Village Commissioners;
- The Department of Transport Highways Division;
- Manx National Heritage; and
- The owners and/or occupants of Oirr Ushtey.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- The Society for the Preservation of the Manx Countryside and Environment
- The owners and/or occupants of Nyn Ayrn.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 02.03.2007

### 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 approval relates to drawing no.s P-01, P-02, P-03 rev. D and P-04 date stamped the 5th December 2006.

C 3. Prior to the commencement of any building works, a photographic survey must be undertaken to record all existing internal and external features of interest, such a record to be prepared in consultation with the Conservation Officer of the Department.

C 4. The proposed roof canopies to The Promenade are to be slated in natural, 'heather' coloured slates, to match the remainder of the building's main roof.

C 5. The occupation of the residential accommodation created by this approval is limited to persons whose primary employment is in association with the operation of the specified business contained within the building.

N 1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.

N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.

N 3. The applicant/developer is recommended to contact the Manx Electricity Authority to discuss the provision or change of any electrical supply.

N 4. The applicant/developer is recommended to consider the provision of appropriate disabled access measures.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date : 12/4/07

Signed : [Handwritten signature]

M. I. McCauley Director of Planning and Building Control

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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/82164-lonan-the-former-pipe/documents/1486647*