**Document:** Officer Planning Report
**Application:** 08/00808/REM — Reserved Matters application to convert property into two dwellings with on site parking
**Decision:** Permitted
**Decision Date:** 2008-07-16
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/85297-lezayre-eaton-house-conversion-dwelling/documents/1567623

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# Officer Planning Report

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

### Officer's Report

#### The Site

The site represents the curtilage of an existing property which sits on the corner of Fairfield Avenue and Lezayre Road. The property is an end of terraced property which accommodates four bedrooms and has a small rear yard and garage which would accommodate one full sized parking space.

The existing house is a symmetrical property with two angled two storey bays on each side of the front door.

#### Planning Status

The site lies within an area of Residential use on the Ramsey Local Plan of 1998.

#### Planning History

Planning permission was granted in principle to the conversion of the property to two dwellings with parking under PA 06/0202. There were no plans submitted but the description of the development proposed one three bedroomed property and a two/three bedroomed unit. The inspector notes that the proposal "indicates existing outbuildings on the Fairfield Avenue frontage as being demolished in order to provide three parking spaces" (his paragraph 2).

### The Proposal

Proposed now are the matters reserved from the previous approval in principle. The proposal is for two units - one with a lounge, kitchen, three bedrooms and bathroom and the other with a lounge, dining room, kitchen, three bedrooms and bathroom. The proposal involves the demolition of the existing extension into the rear yard and the erection of a replacement annex to provide the entrance porch for one of the units and the kitchen for the other. A new flat roofed dormer is proposed on the rear finished in cladding.

The scheme involves the removal of the existing garage and outbuildings to provide car parking although the smallest of the three spaces may not accommodate a full-sized vehicle without overhanging the footway. The proposed parking spaces are 4.3m long closest to the building, 5m long in the central space and 3.5m. The standard parking space is 4.8m long. Some of the space created by the removal of the outbuildings is to be built upon (see above).

The approval in principle was permitted on appeal after the Director of Planning and Building Control refused the application for reasons relating to the inadequacy of parking spaces which could be provided for the development. The appeal inspector disagreed with this view on the basis that the Department of Transport considered that three spaces were adequate and that there had been no assessment of the demand which would arise from the two dwellings or the existing demand from a four bedroomed dwelling. As such, the development was permitted despite the Strategic Plan clearly stating that residential properties should have two parking spaces per property and it being clear that the spaces which could be provided are not all able to be full-sized spaces.

The proposal also proposes the replacement of the existing timber framed sliding sashes with plastic-framed bottom opening casements.

### Representations

Department of Transport objects to the proposal on the basis that the approval in principle proposed one two bedroomed property and one three bedroomed property. The application in principle stated that the proposal was for one three bed and one two or three bed property.

The Isle of Man Water Authority recommend a note regarding the provision of water supplies to the development. This is not a material planning consideration and should not be referred to in the planning decision notice.

The Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter and should not be referred to in the planning decision notice.

### Assessment

Regardless of the number of bedrooms which are proposed, the proposal includes the introduction of built structures in the space created through the removal of the outbuildings, which was not indicated nor considered as part of the approval in principle. The impact of this is that the space available for vehicular parking is insufficient to accommodate three full-sized vehicles and as such the proposal does not comply with the requirements of the approval in principle.

I have spoken with the applicant's agent and he has clarified by way of a letter dated 24th June, 2008 that part of the obstruction to the parking is an existing rear outlet which he does not consider to be part of the outbuildings which were earmarked for demolition at the time of the approval in principle. The new outlet which is proposed does not project beyond the point of the existing annex.

He accepts that at least one of the spaces falls short of the 4.8m length required but suggests that this was as indicated on the approval in principle drawings. He also clarifies that the existing property has seven bedrooms and that the proposal will reduce the number of bedrooms to six.

The applicant's agent's suggestion that it was never intended to demolish the existing outlet is a reasonable one and it is clear from the drawings submitted with the approval in principle that the depth of site available for parking is limited. As such, whilst the parking provision is not in accordance with the local plan, bearing in mind the plans submitted with the approval in principle and the decision taken thereon, the layout and arrangement of the dwellings is considered acceptable.

The matter of the dormer and the replacement windows should also be considered as these elements were not included in the approval in principle. The existing windows are possibly the originals and would be replaced with what appear to be bottom opening tilt and turn windows framed in plastic.

Other applications for replacement windows along Lezayre Road include the following:

- PA 98/0175 - installation of uPVC windows to replace existing - Ingledene, Lezayre Road - permitted: this property is on the other side of the road a detached property set back from the road and opposite Ramsey Grammar School.
- PA 00/1913 - conversion of attic into additional living accommodation including replacement windows - permitted. This property sits on the opposite side of Fairfield Avenue to the application site and as such is relevant in the consideration of the present application. In his consideration of the proposal, the reporting officer states "The replacement windows would be timber outward opening - disappointing but the dwelling next door has uPVC casements so it would be difficult to uphold a refusal".
- PA 01/2556 - installation of replacement windows and rear patio doors, 7, Lezayre Road - permitted. This property is close to the junction of Lezayre Road and Bowring Road and the application proposed top opening hardwood windows to replace sliding sash windows in the upper floor and the reporting officer noted in his report that "The majority of the other properties in the terrace already have replacement casements (3 others do not)".
- PA 02/0552 - installation of uPVC window and front door, 17, Lezayre Road - refused by Planning Committee for the reason that "The property still retains much of its original character and represents a striking end stop to this terrace of properties. Whilst some of the other properties in the terrace house have had modern replacement windows, the Committee is of the opinion that these detract from the character of the terrace and that further erosion of its traditional appearance should not be permitted.

Note: This is without prejudice to a submission for sliding sashes, replicating the existing, for which grant assistance may be availabl. [sic]"

This property is 5 doors up and in the same terrace as number 7 above.

The applicant's agent has been consulted on this and has responded by suggesting that the windows in the front elevation will be sliding sash and some of those in the rear elevation. He also confirms that the dormer cheeks and face will be finished in slate which will improve the appearance of the proposal.

Subject to the amendments which have been outlined above, it is considered that the scheme is now acceptable.

## PARTY STATUS

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 27.06.2008

### 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 existing building to two dwellings as shown in drawings SM08/157/1, -/2 and -/3 all received on 21st April, 2008 and the revised drawing SM08/157/3A received on 2nd July, 2008 in respect of the slate hanging to the dormer cheeks and face and the installation of sliding sash windows in the front and rear elevations as shown.

C 3. Prior to the occupation of the two dwellings, the three parking spaces shown on the approved plans must be provided and thereafter retained for the sole use of the occupants of the permitted dwellings.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

**Decision Made :** Permitted
**Date :** 8.17.08

**Signed :** [Handwritten signature]
Mrs F Mullen
Senior Planning Officer

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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/85297-lezayre-eaton-house-conversion-dwelling/documents/1567623*
