Loading document...
Case Officer: Mr Chris Balmer Photo Taken: Site Visit: 15.01.2013 Expected Decision Level: Officer Delegation
1.0 THE SITE 1.1 The application site is the curtilage of Regent House, The Promenade, Port Erin which is a four storey mid terrace property situated to the eastern side of the highway. The building was once used as a guest house and a dwelling but very recently the ground floor has been converted for use as a children's nursery with the upper floors retained as a single dwelling/flat. 1.2 To the southern side of the dwelling house the application site adjoins a building which is used as holiday apartments. To the northern side adjoining the application site is a building used as flats. 1.3 To the front of the property is The Promenade and beyond that there is an area of green open space before reaching the lower promenade. 1.4 There is no parking within the curtilage of the dwelling house but there is unrestricted parking available on the Promenade. There is a small yard area to the rear of the property.
2.0 THE PROPOSAL 2.1 The application seeks approval for the change of use of existing ground floor nursery to living accommodation to form a single dwelling (including uppers floors).
3.0 PLANNING HISTORY 3.1 The following previous applications are considered specifically material in the assessment of the current application: 3.2 Variation of condition 3 of approved nursery business (12/00406/C) to allow extended opening hours -12/01341/C – APPROVED (11.05.2012) 3.3 Change of use of ground floor from residential to a Nursery - 12/00406/C – APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is in an area zoned as "Tourism and Recreation" identified on the Port Erin Local Plan 1990. On the Modified Draft Area Plan for the South the application site is
| Application No.: | 13/00002/C |
| Applicant: | Mrs Nicola Kinley |
| Proposal: | Change of use of existing ground floor nursery to living accommodation |
| Site Address: | Regent House |
| Promenade | |
| Port Erin | |
| Isle Of Man | |
| IM9 6LE |
in an area zoned as "Predominantly Residential". It is consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007) is the most relevant policy. 4.2 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: 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 the 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 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; I) 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; n) Is designed having due regard to best practice in reducing energy consumption."
5.1 Port Erin Commissioners recommend that the application be approved.
6.1 It is important to consider that the proposed use of the ground floor in connection with the upper floors as a single dwelling was the use of the building less than a year ago. Permission was approved in May 2012 for the ground floor to be used as a nursery and this use was commenced soon after. 6.2 The use of the ground floor back to a single dwelling will likely have fewer impacts upon neighbouring amenities compared to the nursery use or its original use as a guest house. The use will as a single dwelling generates less traffic and pedestrian movements to and from the area, which in turn would have less noise and general disturbances. It is also considered that the proposed development would not have an adverse impact to parking and highways safety. The Highway Division have no objection. 6.3 Overall, given the building was used as a single dwelling less than a year ago, and given the affect on neighbouring amenities would be little, it is considered the proposal would comply with general Policy 2 of the Isle of Man Strategic Plan
7.1 For the above reasons the application is considered to be acceptable and is recommended for approval.
8.1 The local authority, Port Erin Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
8.2 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 Date of Recommendation: 05.02.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : 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 change of use of existing ground floor nursery to living accommodation as proposed in the submitted documents and drawing 1275-11 all received on 2nd January 2012.
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 : 5/2/13
Determining officer (delete as appropriate)
Signed : __________________________ Signed : __________________________ Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer
Signed : __________________________ Signed : __________________________ Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager
5 February 2013 13/00002/C Page 3 of 4
5 February 2013 13/00002/C Page 4 of 4
Copyright in submitted documents remains with their authors. Request removal
View as Markdown