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The application site comprises of an end-terrace building located on Belgravia Road in Onchan. The building is currently sub-divided into seven holiday apartments.
The planning application seeks approval to convert the building into six residential apartments with on-site car parking provision for three cars to the rear of the building.
The application site has been the subject of one previous planning application. This previous planning application was withdrawn before any decision was taken and is not considered specifically material to the assessment of this current planning application.
Onchan District Commissioners recommend that the planning application be refused on the grounds that the proposal fails to provide adequate car parking to accord with the provisions of the Onchan Local Plan.
The Department of Transport Highways Division do not oppose the planning application. They highlight that the proposal creates off street car parking so improves the existing situation and is located within walking distance of public transport.
The Disability Access Office recommends that the needs of disabled access be taken into account. The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice. The Isle of Man Fire and Rescue Service recommend that the applicant consults to discuss fire precaution measures.
In addition to policies identifying general planning considerations that are applicable to the assessment of a planning application the Isle of Man Strategic Plan contains one housing policy that is specifically material to the assessment of this current planning application. Housing Policy 17 states:
"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."
In terms of area plan policy the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. There are no policies within the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan relating to the conversion buildings into flats. However the written statement does contain one policy that relates to the car parking provision for new residential development. Policy O/RES/P/20 states:
"Except where required otherwise by the Local Plan, car parking standards of at least three spaces per dwelling which may include a garage will be applied to all new residential development within the Local Plan area. Permission will not normally be forthcoming for extensions or conversions which result in a loss of parking space behind the building line."
The planning application seeks approval for conversion of the building from seven residential units to six residential units with three on-site car parking spaces to the rear. No record of any approval for the original conversion of the building into seven residential units can be found and flat registration records have not been helpful in this respect. However, from site visit it is clear that the building is sub-divided into seven residential units and it would appear that the sub-division occurred some time ago, quite possibly more than ten years ago and therefore potentially lawful. On that basis it is reasonable to assess the planning application on the grounds that it represents a reduction of residential units contained within the application site.
Housing Policy 17 of the Isle of Man Strategic Plan sets out the basic consideration in the assessment of a building to flats conversion. Although this planning application is a reduction in numbers of flats within a converted building it is considered appropriate to have regard to the criteria within the policy. The outlook from the principal room within each residential unit is to the front of the building in a similar manner to others in the surrounding area. As such it has to be concluded that the outlook is sufficiently pleasant to be classed as acceptable. The confined space of the back lane does not lend itself to the creation of general amenity space and it would be reasonable to expect any given the general lack within the surrounding area. However the application site does have amenity space in the form of a lawn garden to the front and space for three cars and bin storage accommodated within rear yard.
In terms of car parking provision the proposal has a provision of three on-site spaces to serve six one-bedroom residential units. Whilst this provision does not accord with the requirement of Policy O/RES/P/20 it is only reasonable to accept that the proposal actually represents a decrease in residential units on the site and an increase in on-site car parking provision. The requirement set out by Policy O/RES/P/20 has been identified, and supported by planning appeal decision, as over onerous. This position is echoed by the Highways Division who highlight that the proposal actually represents an increase in parking provision.
On balance, and having regard to the above, it is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Onchan District Commissioners; and The Department of Transport Highways Division.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Disability Access Office; The Isle of Man Water Authority; and The Isle of Man Fire and Rescue Service.
Recommended Decision: Permitted Date of Recommendation: 21.08.2007
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 drawing no.s 1.7114-000-00, 1.7114-001-00 and 1.7114.101-00 date stamped the 13th June 2007.
N 1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service as the development may fall within the scope of the Fire Precautions (Flats) Regulations 1996.
N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made: Permitted Date: 22.08.2007
Signed: _________________________ M. I. McCauley Director of Planning and Building Control
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