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Application No.: 16/00805/B Applicant: Mancam Limited Proposal: Alterations and erection of extension to provide two apartments for tourist accommodation with associated parking Site Address: Deepdale Laxey Launderette / Complex Glen Road Laxey Isle Of Man IM4 7AB Case Officer : Mr Jason Singleton Photo Taken: 26.01.2017 Site Visit: 26.01.2017 Expected Decision Level: Officer Delegation
Officer’s Report APPLICATION SITE
1.1 The application site is the curtilage of a former commercial launderette building to the north of Glen Road, Laxey. The site footprint is identified in red on the application drawing which is an 'L' shape which wraps around the rear of the adjacent property to the east. The property is single storey and to the rear sits slightly lower than the main road. There is a court yard area that is shared with the adjacent property / restaurant 'la Mona Lisa' to the east. To the west is the dwelling 'Andania'. - 1.2 The existing property is unique within the streetscene in its appearance which features a single doorway and timber bay window, which appears under a pent style roof on the road side elevation. On passing, views down into the single storey buildings and courtyard are achievable. Those buildings to the rear feature chimney at one end and would have been constructed from Manx stone, later rendered over and painted. The building has little in the way of apertures except in the south elevation, where there are doorways and windows featured. - 1.3 The character of the area is diverse with various forms of architecture that have materialised over the years, with the exception of the restaurant on the corner, the majority of the buildings are residential with parking mainly on the roadside or some within their curtilages. THE PROPOSAL
2.1 The proposal will include the demolition of the existing buildings on site and in its place the erection of a two storey building, creating two apartments, one per floor, to be used specifically as holiday accommodation. Parking is proposed to the rear of the site, partially under the building and to the side. Each holiday apartment would feature an open plan lounge kitchen and dining room, with two bedrooms and shared bathroom. - 2.2 The proposed building would be designed to place the principal room at the front with views out and over the river to the south. The ground floor would have access onto a small terrace and the holiday apartment would not have any such outdoor space available. Access to the apartments would be from the front elevation via an access ramp onto the front terraced area. - 2.3 The design of the proposal would see the front south elevation reflecting the proportions of the adjacent property Andania, keeping the window cill heights around the same as to with the width of the front elevation. The design would incorporate a projecting window on the east elevation, at first floor that would have the appearance of a door but glazed on the side returns. There is one other window on the east elevation at first floor level serving a bathroom. At the rear
3.1 The application site has been the subject of a number of pervious planning applications that are considered specifically material to the assessment of this current planning application. - 3.2 PA 02/02325/B - Erection of two dwellings with parking provision to replace existing buildings. REFUSED on appeal. (i) The proposed dwelling would have unsatisfactory external private amenity space, and unsatisfactory outlooks from, the principal ground floor rooms. (ii) There would be considerable aural and visual disturbance to the occupiers of the dwelling from the restaurant and the launderette. (iii) There would be conflict between the adjoining commercial premises and the new residents, resulting in action which could be damaging to those legitimate businesses. (iv) It would be poor practice to allow a reduction in the amount of space available for the existing apartments (site to the rear) by providing within their curtilage facilities for an entirely separate development, particularly since it is clear that at present parking associated within these apartments' overspills onto the adjoining highway. - 3.3 PA 02/00166/B - Re-development of site to provide two shops with two apartments over, to replace existing buildings to be demolished. REFUSED. The application was unclear as to whether the proposal is to convert or to replace the existing fabric. In addition, the application is unclear about the rights of access across the site and the extent of ownership within the site. This information was sought by letter dated 13th June 2002 and was not provided. - 3.4 PA 00/02109/B. - Erection of two dwellings to replace shop and barn. REFUSED (i) The proposed layout made no provision for amenity space (clothes drying, bin storage, private space) or for an interesting or pleasant outlook from the windows of the dwellings. (ii) The provision of off road parking in association with the dwelling would be congested, close to the dwelling and could interfere with others who use the site for vehicular parking. (iii) The planning committee was not persuaded that in light of the above concerns, that the site is of a sufficient size to accommodate two separate dwellings as proposed. DEVELOPMENT PLAN POLICIES
4.1 In terms of land use designation the application site is located within a wider area of land that is designated as 'Residential/Retail/ Offices/ Tourism in accordance with the Laxey and Lonan Area Plan Map No.1. Within the Laxey and Lonan Area Plan Order 2005 written statement, reference is paid to 'New Housing'; - 4.2 L/CP/PR/2 - New Housing "Notwithstanding the above (parking with the conservation area), the department will require the provision of 3 car parking spaces per unit where at least one of the spaces is retained within the curtilage and behind the front of the dwelling. In the case of residential terraces, the department will generally require 3 spaces per unit which if not provided within the residential curtilage should be located as close as possible to the units to be served without comprising residential amenity. In the case of apartments the department will generally require one space per bedroom to be provided". - 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains four policies that are considered specifically material to the assessment of this current planning application. - 4.4 General Policy 2 (in part):
"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:
4.5 Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.6 Transport Policy 4: The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. - 4.7 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. REPRESENTATIONS
5.1 Garff Commissioners have no objection to the proposals (13/09/16) - 5.2 Highways have commented objecting to the application (26/09/16) "The proposal comprises the two 2 bedroom holiday apartments. It is stated that the existing access to the site on Glen Road will be widened to accommodate two-way movement. The existing access is shared with the neighbouring La Mona Lisa Restaurant.
Ellis Brown Drawing No. 16/2522/02 indicates that an in-curtilage parking area will be included as part of the proposal. Allowing parking below the building, this area would appear to provide four spaces which is in accordance with the parking standards set out in the Strategic Plan. However, in terms of manoeuvring, the parking area would appear restricted due to the width of the internal access into this parking area. This presents concerns in relation to vehicles being able to enter and exit the site in a forward gear and their interaction with vehicles servicing the restaurant.
The drawing referred to above does not include any levels that would provide an indication of the gradient of the ramp down from Glen Road while the proposal would result in an intensification of use of an access where visibility to pedestrians on the footway on Glen Road is restricted as is the visibility to vehicles on Glen Road due to on-street parking.
For information the disabled access ramp does not conform to BS 8300.2010 and cannot be considered suitable for wheelchair use".
Recommendation: "Having reviewed the supporting information, the Department of Infrastructure oppose this planning application".
Following reciept of additional information (1/03/17) the car parking and access are acceptable. Highway Services does not oppose this application subject to the following condition:
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
5.3 DEFA Fisheries Division has commented (05/08/16) Proposed works are in close proximity to a watercourse. Completed the paperwork for Development within 9 Metres of a Watercourse Form. Fisheries do not oppose. - 5.4 The Manse, Minorca Hill, Laxey (21/08/16) makes reference to parking at the property and existing rights of way maintained. It is understood Advocates have been instructed to remove the burdens for each property and the applicant has agreed to do the same. - 5.5 The Manse, Minorca Hill, Laxey (06/09/16) makes further reference to the existing flood defences and that no such proposals are being proposed or to replace those defences to offer a degree of protection to their property. - 5.6 2 Glen View, South Cape, Laxey (07/09/16) objects on the design of the 2 storey tourist/residential block, the loss of another small business in the village; uncertainty over the plans regarding the part of the laundrette below the Mona Lisa restaurant whether it is to be retained or restored; the adjacent flue of the restaurant would not be a pleasant feature in close proximity to the residential part; the use zoning should not imply residential development in favour of the other designation. Three previous applications for residential and tourism were refused, PA 02/02325/B; PA02/00166/B and PA00/02109/B. Following amended drawings and re-consultation - 5.7 2 Glen View, South Cape, Laxey (14/12/16) their objection still stands but further comment is made regarding the projecting window and outlook; there is no satisfactory amenity space for the apartments and the widened access will detract from the Conservation area. - 5.8 La Mona Lisa Restaurant, Glen Road, Laxey (14/12/16) refers to the use of the flood defences, where they will be stored and who is responsible for their installation. The widening of the entrance would see the removal of the front boundary wall which is not in the applicant's ownership and consent has not been given for its removal. - 5.9 La Mona Lisa Restaurant, GLen Road, Laxey (03/03/17) refers to the access into the site that the applicant proposes to use, it is highlighted that the widening would not be possible as it would involve demolition of a wall that is in their ownership . Questions are reaised with regard to the legitimacy of the amended drawings and whether it would be useable given there is no easement or right of way over their land and the owner of the restaurant could build a wall or reinstate his wall preventing access into the car park area. The issue of flooding was raised and the desperate need for flood defence brackets to prevent flooding again. ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The principle of the use would fit within the land use designation for tourism, however the design detail and access arrangements with parking are considered to be the most important factors in assessing this application and whether it preserves or enhances that character of the conservation area. With regard to the previous three refusal decisions in 2000 and 2002, we now
6.4 The front elevation of the property would sit comfortably with the two storey of the neighbouring property and restaurant La Mona Lisa and the neighbouring property Andania. The design would reflect the proportions, reveal sizes, roof pitch and window cill heights would closely mirror those of Andania adding a degree of symmetry to the property. The use of a 1.0m high Manx stone wall with 400mm of glazed screen atop at the lower level adjacent to the highway helps unify the two properties, in character. The proposed building is set back from the front elevation of Andania with an access ramp and terrace fronting the property. These design aspects seek to help the proposal sit more comfortably within the site and the stepped ridgeline of 1.1m towards the rear would reduce the impact of the building from the front. When looking at the east elevation the inclusion of the projecting windows facing south and north with the timber clad finish to the east would give the appearance of a door but with glazing to the reveals offering views to the south and an opportunity for light to spill into what would have been a darkened kitchen area. This seeks to turn a bland façade into an interesting focal point that alters its character as you move around the building.
6.8 It is accepted this proposal will have a greater mass which in turn offers an increased visual impact on the streetscene and conservation area. The proposal is replacing a building that is considered to be of poor form and of no architectural benefit to the Conservation Area. While the loss of the business is a shame, it is understood from the agent the owner would be re-locating the business to an area that is out of the flood risk area and more appropriate to the business use.
6.5 With regard to parking, highways comments and those ojections raised by the owners of the restaurant Mona Lisa, there would be lesser of an impact for tourism use, likely based on one car per apartment. However if an application for residential use was submitted, the standards as required by highways of four parking spaces would be required. The concern from Highways is with regard to the opening to the car park area adjacent to the building, this would measure 4.8m wide and can accommodate 4 vehicles as shown on the drawing. The difference in level when measured from the drawing would be in the region of 800mm lower than the footpath. The ramp down would be around 8 degrees over a 5m length. The widening of the access onto the highway would be increased from 3.6m to 6.2m, whilst this offers greater visibility when existing. However this raises concerns to the owner of the adjacent restaurant regarding the flood protection measures. Highways expressed concern over the manoeuvring space for the vehicles on the site due to the width of the internal accessing to the parking area. The drawings indicate this would measure 4.7m wide. Following up on the consultation, highways confirmed ( 17/03/17 ) that they do not oppose subject ot a condition; "Prior to the occupation of any dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter".
6.6 The method of flood protection system has been included, within the application but uncertainty lies where these would be stored and whose responsibility it would be for the
deployment of such preventative measures. On the Manx Utility Authorities website for floor risk areas, with reference to Laxey River adjacent the application site, it is noted on the 'Indicative Flood Map for Laxey; dated 20/10/14' the application site is not within a flood risk zone for tidal or river. The ownership of the front boundary wall or part of it and any right of way or easement of share use of the driveway, would be a civil matter and outside the scope of this report. With regard to the above, the use of the 'Aquashield wall' flood barrier protection would seek to help mitigate the damage from flooding should their implementation be required. This protection method uses a series of aluminium panels that are dropped into position when required.
6.7 Considering the proposal and any impact on the neighbouring property to the west Andania, there are no windows being proposed on the west elevation that would offer any harm of overlooking, equally there are no windows in the east elevation of Andania looking into the site. The proposed building at the front would be set back from the building line of Andania so as not to have an effect on the outlook from the front elevation. Turing to the rear elevation it could be said the massing of the building here could be perceived to have an over bearing effect given the increase in height. At present there is a single storey out building with a pitched roof, which would be increased to two storey. The rear of Andania is north facing and the majority of the rear is used as a vehicle parking space with only a small garden or amenity space immediately adjacent to the application site. When considering the outlook from the rear patio doors and measuring the likely impact of the proposal, when measured off the drawings, it is only the last 1.5m of the proposed building that would be within '45 degrees' of the centre point of the patio doors. This would be at a distance of 4.4m away from the rear elevation of the property. It is reasonable to expect in this instance, it is not considered to be detrimental to the occupants of the dwellinghouse 'Andania' as it is considered there is no overlooking, or significant loss of light or has an over bearing impact from the proposal. To date we have not received any correspondence from Andania and a site visit was carried out on 13th September 2016. RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
The Fisheries Division is within the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
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 owners of The Manse and La Mona Lisa which are alongside the site. In this instance, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested person in accordance with Government Circular 0046/13: the owner of 2, South Cape which is not close enough to the site to be directly affected by the development.
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: 17.03.2017 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 the construction site is safeguarded against any flooding once the building adjacent to the highway is removed.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate apartment dwellings.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
This approval relates to drawings referenced; 16-2522-01; 16/2530/01A dated 23rd August 2016; 16/2522/05 dated 1st March 2017; 16/2522/02D dated 29th March 2017 TS-01 RevA dated 1st March 2017 Trade Specifications for 'Envirosystems Aqua Shield' flood defence
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 30.03.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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