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Application No.: 16/00623/B Applicant: Cumana Limited Proposal: Alterations and erection of a two storey extension to Nos. 33 to create an apartment block for five apartments and installation of replacement windows Site Address: 31 - 33 Malew Street Castletown Isle Of Man IM9 1AE Case Officer : Miss S E Corlett Photo Taken: 06.07.2016 Site Visit: 06.07.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PARKING AND CONSERVATION ISSUES INVOLVED
FOLLOWING THE CONSIDERATION OF THE APPLICATION AT THE COMMITTEE MEETING OF 8TH AUGUST, 2016 THE COMMITTEE MEMBERS HAD THE BENEFIT OF A SITE VISIT ON THE MORNING OF 12TH AUGUST, 2016 WHERE THEY WERE ABLE TO SEE INSIDE THE BUILDING, PAYING PARTICULAR ATTENTION TO THE SECOND FLOOR WHICH IS SERVED BY THE DORMERS. THEY WERE ALSO ABLE TO SEE THE REAR OF THE SITE AND THE RELATIONSHIP OF THE PROPOSAL TO EXISTING ADJACENT BUILDINGS
1.1 The site is the curtilage of 31 and 33, Malew Street which are two separate properties with a space of 10m between them which currently has a 2.5m high rendered wall set back from the highway by around 1.5m and there is a lower wall with railings and a pedestrian entrance from Malew Street, right alongside the footway. Mona House, number 33, has a side and rear courtyard which is used for car parking abutting which, to the west is Mona Cottage, a property which sits between the developments fronting onto Malew and Arbory Streets. Access to this property is through the application site and the elevation facing towards the rear of Mona House has only one small window next to the doorway into its garage. A pedestrian door leads into the courtyard and a vehicular width gate leads from the courtyard to the Mona Cottage curtilage where there is vehicular parking. - 1.2 31, Malew Street is a three storey building with a restaurant on the ground floor and living accommodation above which has a rendered frontage and exposed stone gable facing towards the gable of number 33, Mona House and which is also owned by the applicant. The windows become progressively smaller as one proceeds up the building and there is also a vehicular sized opening on the right hand side of the ground floor elevation. The facade is not at all traditional, symmetrical or consistent. Mona House on the other hand is a much more handsome and grand building with three storey angled bays on the front facade with bold pitched roofed atop each and simpler pitched roof single dormer in between. This building is rendered with substantial chimneys at each end. - 1.3 The courtyard is laid out for car parking and currently accommodates twelve spaces, four of which are tandem spaces which are inaccessible if the spaces in front are occupied. Vehicular access to the courtyard is from the northern side of Mona House.
1.3 Mona House is said to be presently used, or last used as offices although there does not appear to be any planning approval for this. - 1.4 Opposite the site are the Old Methodist Chapel to the north of which are two residential properties - numbers 36 and 38, Malew Street. Both properties are two storey dwellings with a relatively high eaves level which supports accommodation within the roofspace, number 38 served by a recessed dormer at second floor level. Number 36 lies due east of number 33. THE PROPOSAL
2.1 Proposed is the erection of a new building between the two buildings to provide two apartments with vehicular access and parking underneath, the conversion of Mona House to three apartments one on each floor - including the raising of the roof level and the filling in of an attic window in the gable of number 31. The scheme will introduce a second vehicular access into the site to the south of Mona House and the reduction in car parking space numbers from twelve to eight with a bin store at the rear of the parking spaces. The new building to the south of Mona House will be the same height as the upwardly extended Mona House with a simpler form of glazing with fewer, larger windows and a single projecting gable which projects only slightly - 100mm - from the main facade of the building. Each floor of the new building and Mona House will have one apartment each with the ground floor unit in Mona House accessed from the front door of the building and all the rest accessed through a side door within the vehicular parking area. The new building will step marginally in front of Mona House and will be slightly closer to the road. - 2.2 Mona House will be altered through the removal of various rear annexes and large, modern windows, providing a simpler more unified rear elevation. The building is to be raised in ridge and chimney height by 2m with the existing bays raised in height, resulting in arguably more consistent and elegant proportions. The existing pitched roof dormer between the bays is to be removed and replaced by a window and rooflight which also features in the new building alongside. - 2.3 The applicant suggests that there are up to 10 unreserved spaces in Malew Street which could accommodate any overspill parking requirements and add that when the building was used as offices there were up to 15 vehicles parked within and close to the site. - 2.4 The proposal intends to provide better living accommodation within Mona House whose second floor window head height is approximately 1.6m above floor level. PLANNING POLICY
3.1 31 and 33, Malew Street are identified in the Area Plan for the South adopted in 2013 as buildings worthy of research for Registration. The site lies within Castletown's Conservation Area and within an area designated as Mixed Use. - 3.2 As such, the following provisions within the Strategic Plan are considered relevant to the consideration of the application:
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
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:
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."
Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: a) the location of the housing relative to public transport, employment and public amenities, b) the size of the dwelling, c) any restriction on the nature of the occupancy (such as sheltered housing) and d) the impact on the character and appearance of the surrounding area (paragraph A.7.1). This goes on to recommend that one space is provided for a one bedroomed apartment, 2 spaces for two or more bedrooms but that "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6).
4.1 The building referred to as Mona Cottage was approved as a reconstruction of a former building and was approved as garaging and storage with a games room above (PA 90/00221/B) with a single storey garage adjoining, serving 35, Malew Street (PA 90/00223/B). A garage was approved alongside the building, within the application site, on one of the parking spaces shown (PA 078/02284/B) but was not implemented. - 4.2 Number 33 has had some changes proposed to it but which are not considered relevant to the consideration of the current application. REPRESENTATIONS
5.1 The owner of number 38, Malew Street objects to the application, suggesting that the increase in height of number 33 and the infilling of the currently open courtyard will have a serious impact on their quality of life and using the highest building in the street - number 35, is inappropriate as a guide to what may be acceptable on other plots. She is concerned at the impact on light to her property from the additional height of the building and would intrude into their privacy, with the proposed two top floors of apartments being able to have a view into all three floors of their house. The availability of light is an issue at present due to the close knit layout of the properties. She is also concerned at the impact on the architecture and appearance of the existing dwelling. She is concerned that the layout does not make sufficient provision for the amount of people who will require parking spaces on site and refers to the apartment development on Farrant's Way where those residents have to use the pay and display park as there are insufficient spaces available within the site. In this part of the town parking spaces are generally occupied before 0800hrs and after 1800hrs. She considers that there are already a great number of apartments available within the town and she wonders about the appropriateness of altering a handsome building to accommodate apartments which in her opinion, are not required. She confirms that she has no objection to the property being returned to residential use, but not in the form in which it is currently proposed.
5.2 Manx Utilities confirm that they have no objection to the proposal (06.07.16). - 5.3 Department of Infrastructure Highway Services indicates that there is no objection to the application (01.08.16). ASSESSMENT
6.1 The issues in this case are whether the scheme has a satisfactory visual impact on the character of the streetscene, taking into account both the principle and detail of filling in the current space between 31 and 33, Malew Street and the fact that the area is designated as a Conservation Area; whether the proposal makes satisfactory provision for car parking and vehicular access and finally, whether there would be any adverse impact on the living conditions of those in adjacent residential properties. - 6.2 The scheme has been amended slightly to take account of concerns raised about the visual impact of the proposed new building, concerns that perhaps the new building falls between something modern and something of more vernacular detailing and proportion. What is now proposed could still be considered to do that, although the slightly greater projection of the feature bay - from a token 100mm to a more appreciable 400mm helps provide a more interesting and confident frontage, although different from other facades in the streetscene. Unfortunately the windows remain as originally submitted, with overly wide fenestration in the central projecting bay. However, overall, given the mix of building types within the streetscene, it is not considered that what is proposed is so out of keeping as to result in something which would be detrimental to the Conservation Area character or appearance. Whilst Mona House is one of the most detailed and therefore attractive properties in the streetscene, the dormers are not original not particularly attractive, given their height and from an internal inspection, do not result in the upper floor being particularly useful given the limited head height. What is proposed is considered to enhance the proportions of the upper floor windows and its detailing and is therefore considered appropriate. - 6.3 There is no objection to the scheme from the Highways Division and whilst there appears to be no planning approval for the use of Mona House as an office, this would create a need for a greater number of parking spaces. Whilst these spaces are likely to have been required during the week days rather than at evenings and weekends where local residents are likely to be looking for spaces, given the general lack of on site parking for dwellings in this town centre, in the day time, there is often a demand for on street spaces by those visiting the town so there is demand at all times of day and week, albeit different types of demand for different periods of time. - 6.4 The Strategic Plan is clear that where a site is in an accessible and sustainable location, and where the character or appearance of the area would be compromised by the requirement for the full complement of parking spaces on site, that this may be relaxed. In this case, the site is in the town centre and the town is well served by public transport and an insistence on the full provision of car parking spaces on site may well compromise the architectural quality of the scheme and could result in one dominated by parked vehicles. Whilst the objector suggests that the pay and display car park is used by those in the apartments on Farrants Way as there is inadequate parking in that scheme, there is no evidence provided as part of the objection and the officer's experience of the use of this car park, combined with the results of the Amey Car Parking Study in Castletown, indicates that that car park has significant additional capacity at all times. As such, whilst not all of the required parking spaces can be provided on site, it is not considered that this is a reason for refusing the application. - 6.5 The impact on the living conditions of those in nearby properties will be greatest felt by those looking directly onto the area where the new building will sit - notably numbers 32-34, Malew Street and to an extent, number 36. Numbers 32-34 is the former Methodist Chapel which is used as offices so will not be as affected by a new building as would be a residential property. Number 36 is slightly offset from the proposal and more affected by the raising of the roof and eaves level of
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owner of 38, Malew Street which is close to the application site
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 12.08.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Reason: to ensure that there is sufficient car parking to accommodate the proposed use in the interests of highway safety.
This decision relates to drawings 1603-001 and 1603-003 both received on 31st May, 2016 and 1603-002A received on 6th July, 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…22.08.2016
Signed :………S CORLETT……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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