Planning Officer Report 11/01433/B

Officer's Report

Application No.:	11/01433/B
Applicant:	Mr John Morris
Proposal:	Erection of a detached dwelling with off street parking
Site Address:	Plot Adjacent To Old Sail Loft And Smithy Shore Road Underway Port St. Mary Isle Of Man
Case Officer:	Miss S E Corlett
Photo Taken:
Site Visit:
Expected Decision Level:	Planning Committee

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE ON THE BASIS THAT THERE ARE OBJECTIONS FROM THE LOCAL AUTHORITY AND THREE LOCAL RESIDENTS WHO SHOULD BE AFFORDED PARTY STATUS AND THE APPLICATION IS RECOMMENDED FOR APPROVAL

The Site

1. The site is a parcel of land which sits between a public footpath which leads from Shore Road to the High Street, Shore Road itself and The Old Sail Loft, a Registered Building (RB 209). The Old Sail Loft is a stone three storey building with external stone steps and windows looking towards the application site which is currently in the same ownership. The site has been levelled (see Planning History) and there is a slight rise in level towards the rear of the site where it meets a high wall which forms the rear boundary to a number of residential properties - 12, High Street, St. Mary's House and Columcille. To the north of the footpath is a flat roofed store building built right alongside Shore Road.

The Proposal

1. Proposed is the erection of a dwelling on the site. The dwelling is a modern design but with a traditional profile of two pitched roofs alongside one another with another ridge running at right angles to this to the rear. Roofing will be finished in slate or zinc, walling in stone and one of the front gables will be finished in timber: this has an upper floor only over a car parking area: the frontage will have large, modern apertures fitted with sliding glass panels with frameless balustrading.

1. The building will be slightly lower (700mm) than the top of the wall to the rear. The ridge will be 2m lower than that of The Old Sail Loft and 300mm lower than the top of the store building. The building will be 8m tall and having a frontage to Shore Road of 8.3m with half set back by 800mm and with the lower floor open to accept vehicles. The building will be built very close to or abutting the wall to the side and the frontage to Shore Road.

Planning Status And Relevant Policies

1. The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Residential and on the draft Port St. Mary Area Plan of 2001 (which was progressed no further than a public inquiry) as Mixed Use Village. On the draft Southern Area Plan of January, 2011 and which was the subject of a public inquiry in October and November, 2011, the site lies within an area designated as Mixed Use. The roadway directly in front of the site is within an area identified as High Flood Risk (tidal) but the site itself is not within this area.

The site also lies within a proposed Conservation Area. This designation process follows a path separate from that of the draft Area Plan.

1. The relevant Strategic Plan policies are General Policy 2 and Environment Policies 35 and 42:

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 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."

1. Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

1. Environment Policy 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

1. As the proposal site is immediately adjacent to The Old Sail Loft, a Registered Building (RB203), it is necessary to consider the impact of these proposals on the setting of the Registered Building Policy RB/3 GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS of Conservation Areas as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man which states:

"The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the island as a whole and within the local context; The building's setting and its contribution to the local scene, which may be very important."

Planning History

1. The Old Sail Loft to the south has been the subject of a number of applications for conversion of the building:

PA 88/1460 - conversion of sail loft into dwelling - permitted on review PA 05/1580 - renovation of building to form private dwelling with new garage - refused on appeal PA 06/1807 and 1808 - renovation of building to form private dwelling - permitted (see attached) PA 08/0716 and 0717 - alterations and erection of attached garage - permitted on appeal (see attached)

1. The application site itself has been the subject of the following applications:

PA 01/2447 - approval in principle for erection of dwelling with integral garage - refused on appeal (see attached) PA 07/0044 - removal of soil/rubble and creation of a level surface - permitted on appeal (see attached). PA 10/0829 - erection of a dwelling - withdrawn

1. The application for the principle of a dwelling on this site, PA 01/2447 highlighted the criteria required to be considered in relation to the development to the site:

a) the proximity of the Registered Building and the need for "complementary development that will not detract from its architectural interest and historic character"; b) the scale of the development must be in keeping with the streetscape and respect the Old Sail Loft; c) development must not intrude unduly into the views of the principal elevation of the Old Sail Loft and it must not eclipse the outlook from the windows of habitable rooms in the Registered Building d) the proximity to the rear wall and side windows of existing adjacent property present potential problems with the outlook from the application property and e) the need for the excavation of the site to accommodate the existing site levels.

1. Also of relevance to the application is PA 09/1295 for the development of two dwellings further to the north of the application site, which was considered recently at appeal (see attached). The conclusions in that case are referred to later in this report.

1. Most recently, a detailed planning application for a modern dwelling was refused at appeal following a positive recommendation by the independent inspector. The Minister refusing the application states: "...rather that the building would be so different to those around it in terms of shape, style and materials, that it would be out of place and detrimental to both the street-scene and the setting of the Registered Building". He goes on, the "decision is without prejudice to the submission of a further application which proposes a more traditional design and accords with the considerations which were identified by the previous Inspector" and taking into account the issues raised in the previous appeal (set out in paragraph 11 of this report).

1. The current application is slightly lower (400mm) at eaves level but the pitched roof adds to the overall height of the building, being in total 1.6m higher than the apex of the previously proposed building.

Representations

1. The occupant of This ny Marrey which lies to the north of the store building, expresses the view that the proposal represents over-development of the site and that there is no information regarding the support of the wall at the rear of the site, particularly bearing in mind the incidents of subsidence in the area of Shore Road.

1. The occupants of Boolavur which is 90m to the north on the High Street, object to the design of the development, the proximity to public land, the potential narrowing of the carriageway through building so close to the highway, access will be difficult and occupants of the new property will be

likely to part on the highway. They also point out that The Old Sail Loft is a listed building (the correct term is Registered) and the proposal does not relate to this.

1. The owners of St. Mary's House on The High Street, which sits immediately behind the application site objects to the application on the basis of the unsuitable design which she considers would not enhance the village appearance, the building would hide the Old Sail Loft and point out that the plans show a building to be demolished which has not been on the site for over two years. She states that the windows in her property shown in the massing diagrams are incorrect and that difficulties in access may result in vehicles being parked on the highway and that there is limited amenity space for private relaxation and for bin storage. Finally, she expresses concern that there is a foul sewer serving her property which crosses the application site and for which access must be maintained, which is not addressed in the proposal.

1. The owner of Columcille, which abuts the site to the rear, objects to the application on the basis that no regard seems to have been had to the risk of flooding from rising sea levels and that difficulties of access combined with the narrowness of the road may lead to road safety issues, compounded by the steepness of the public footpath and the limitation on visibility which the building will create. He also expresses concern that the proposal does not encroach onto any public land. He notes that there is a ground floor bathroom alongside the road which is not practicable and expresses concern about the proximity of the development to the boundary walls in terms of structural stability and maintenance. Finally he expresses concern at the proximity of the new dwelling to the Old Sail Loft which is Registered and the fact that the proposed dwelling is too large for the site.

1. The Manx Electricity Authority recommends a condition regarding the provision of electricity supplies to the site. This is not a material planning consideration and should not be referred to in the planning decision notice.

1. Highways and Traffic Division indicate that they do not oppose the application and that it does not result in any adverse traffic management, parking or road safety implications.

1. Port St. Mary Commissioners object to the application on the basis that car parking does not appear to make provision for car doors to be opened and the car parking area may end up being used as a garden, resulting in vehicles being parked on the highway instead. They suggest that visibility splays must be satisfactory and vehicles must be able to be manoeuvred out in a forward gear. They state that all of the development including balconies and walling must be within the site and not encroaching onto public land and that the memorial bench which has been moved must be relocated back onto the highway at the front of the proposed dwelling.

1. The owner of 22, High Street objects to the application on the basis that Shore Road will not satisfactorily accept additional traffic and the proposed dwelling is too large for the site and for the streetscene.

Assessment

1. In terms of land ownership, there is no indication from Highways and Traffic Division, as there has been on other occasions, that the development will encroach onto the public highway. As such, it is not accepted that there is any reason for refusing the application on the basis of land ownership or an incorrectly defined site.

1. In respect of flood risk, the finished ground floor level of the proposed dwelling is set 600mm above the 1:200 plus climate change tidal flood level and is the same as the level previously agreed on application 10/01443/B.

1. The constraints of the development of this site were set out in the decision in respect of PA 01/2447 as described above. In terms of the proximity of the Registered Building and the need for "complementary development that will not detract from its architectural interest and historic