Planning Officer Report

Case Officer: Mr Chris Balmer Photo Taken: 22.12.2011 Site Visit: 22.12.2011 Expected Decision Level: Officer Delegation

Officer's Report

1.0 SITE 1.1 The application site forms the curtilage of Sefton House, Bay View Road, Port St. Mary, which is a three storey traditional terraced property which is located on the western side of Bay View Road and north of St Marys Church.

2.0 PROPOSAL 2.1 The application seeks approval for the creation of an apartment above the existing ground floor hairdressing salon set over two floors (1ST and 2ND), erection of external stairs to the rear elevation and installation of replacement windows.

3.0 LAND USE ZOING / PLANNING POLICIES 3.1 The application site is within an area recognised as being an area of 'Worship', under the Isle of Man Development Plan Order 1982. The site is not with a Conservation Area. 3.2 Under the Modified Draft Southern Area Plan the site is identified as Mixed Use. The site also lies within a proposed Conservation Area shown in the Draft Southern Area Plan. 3.3 Due to the zoning of the site and due to the proposal the following policies are relevant in the determination of the application:-

"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 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;

Application No.:	11/01713/B
Applicant:	Fistard Property Investments Ltd
Proposal:	Creation of a first floor apartment, erection of external stairs and installation of replacement windows
Site Address:	Sefton House
Bay View Road
Port St. Mary
Isle Of Man
IM9 5AQ

• (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;
• (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."

"Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area."

4.0 Planning History

4.1 There following previous planning application is considered relevant in the assessment and determination of this application: 4.2 Change of use from shop to surgery - 87/04060/C -APPROVED

5.0 Representations

5.1 Port St Mary Commissioners have no objection 5.2 Highway Division have no objection 5.3 The Environment Protection Unit & Public Health have made no comments on the merits of the application but ask for an informative note be attached. 5.4 The Planning Authority has received no privately written representations objecting to the proposal.

6.0 Assessment

6.1 As indicated within the land use zoning section of this report the site is identified as being within an area of "Worship" which is a rather large designation intended to focus upon the two Churches (St. Mary's and Bay View Methodist) but also incorporates residential and mixed uses in between. 6.2 Also identified on the Modified Draft Port St. Mary Area Plan the designation is more specific and identifies the site as Mixed Use Village which embraces the full range of retail, residential, office, tourism and public house uses found in the village centre and is perhaps a more detailed and accurate designation then indicated within the 1982 Development Plan. 6.3 The policy most relevant would be Housing Policy 17, although this does relate to the conversion of buildings in residential areas. The site is not zoned as residential although there are residential units within the adjacent properties. 6.4 In terms of this the level of residential amenities for future occupants of the flats needs consideration. The outlook from the primary habitable rooms (lounge/dining rooms) would be clear

and pleasant views over the Port St Mary Bay and the sea. Therefore from this aspect the proposal would be appropriate.

6.5 The size of the apartment is acceptable providing a three bedroom unit with a lounge, kitchen, dining room store and a bathroom.

6.6 Refuse storage would be located to the rear of the property, where a rear yard exists which access a via a rear lane which has access onto Bay View Road.

6.7 In terms of parking provision no on-site parking can be provided. However, there is a public car park to the rear of the site which allows vehicles to be parked a maximum 18 hrs in any 24 hrs. Furthermore, there is on-street permit parking along Bay View Road.

6.8 The unit would be within the centre of Port St Mary Village, which benefits from public transport links to the whole Island. 6.9 The Highway Division have considered the scheme and the potential impact upon on-street parking and have no objection. 6.10 The rear escape staircase would have no adverse impact upon the visual amenities of the street scene or upon neighbouring amenities.

6.11 In terms of the replacement windows the existing are timber sliding sash windows. These are proposed to be replaced with uPVC top opening casement windows to match the neighbouring property.

6.12 It is important to note that the site is within a proposed conservation area. However, the Southern Area Plan as yet been adopted. Consequently, the plan does not have substantial weight. Consequently, to judge the application against conservation policies would be inappropriate and unfair to the applicant.

6.13 Due to this the proposed windows would be appropriate.

7.0 RECOMMENDATION

7.1 Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

8.0 PARTY STATUS 8.1 It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Port St. Mary Commissioners

8.2 It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Environment Protection Unit & Public Health

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

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 the creation of a first floor apartment, erection of external stairs and installation of replacement windows as proposed in the submitted documents and drawings AT 1120.1, AT 1120.2, AT 1120.3, AT 1120.4, AT 1120.5 and AT 1120.6 all received on 12th December 2011.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 9 February 2012

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager