Officer Planning Report 07/02160/B

{{table:189844}} ## The Site The site represents the curtilage of an existing motor cycle repair and sales outlet situated on the western side of Castlemona Avenue at its south western end. The site presently accommodates the single storey shop building which has a mono-pitched roof which slopes back away from the roadway: attached to this is a taller two storey dual-pitch roofed building. Both buildings are finished in smooth render which is painted white. To the north east of the site is the beginning of the long terrace of three storey properties - mostly flats and town houses - which stretches to the north: to the west, behind the site is a new residential development of apartments (formerly a snooker club facility), to the south across the access to the new apartments are 1-7 (odd numbers) Castlemona Avenue - a three and a half storey terrace of residential properties and opposite the site are 4-12 (even numbers) Castlemona Avenue. ## Planning Status The site lies within an area designated on the Douglas Local Plan of 1998 as Residential. The site lies outside The Promenades Conservation Area. ## Planning History Other than applications for alterations to the showroom and existing premises (all permitted) there have been no applications submitted in respect of this site. ## The Proposal Proposed now is the demolition of the existing premises and their replacement with an apartment development. The building will have the same footprint as the existing building other than with a small projecting front bay. There will be six 2 bedroomed apartments with six parking spaces and space for the parking of bicycles all within the basement which will have two access points within the front elevation, directly from Castlemona Avenue. The new building will be the same height as the existing terrace immediately to the north and slightly further forward (0.9m) that the building line established to the north and with a front projecting bay. There will be windows in all three of the exposed elevations (other than that which will adjoin 15, Castlemona Avenue) - the windows on all three floors which face directly towards the apartments at the rear service bathrooms and will be fitted with frosted glass. The bedroom windows further to the north in the rear elevations will not be fitted with obscured glass. ## Representations The Isle of Man Fire and Rescue Service recommends liaison regarding the Fire Precautions (Flats) Regulations 1996. The Environmental Health Inspector recommends that the flats must comply with the Housing (Flats) Regulations 1982 and be registered therewith prior to occupation. The Architectural Liaison Officer recommends the provision of security to the parking area in the basement to avoid antisocial behaviour as the garaging is directly accessible to the passing public and not have minimal surveillance from those in the apartments. The Isle of Man Water Authority recommend a note regarding water supplies. Douglas Corporation advise that they have no objection to the proposal. The Manx Electricity Authority recommend a note regarding the provision of electricity supplies to the development. ## Assessment The existing facility has been known to cause problems in terms of traffic and car parking, of which there is a limited opportunity within the curtilage and even within Castlemona Avenue where most of the premises do not have on-site parking and where the streetscene is characterised by significant levels of on-street parking at most times of the day. The existing buildings on site have limited interest and could be described as being out of character with the size, appearance and massing of the remainder of the streetscene. As such, there is no objection to the demolition of the existing building and its replacement. The site is designated as Residential, reflecting the prevailing use in the vicinity and as such, the principle of the residential redevelopment of the site is similarly unobjectionable and indeed, could be seen as an improvement over what currently exists and operates on the site. The proposed building is no higher than its immediate neighbour to the north and will not exceed the height of the new apartment buildings to the rear as this site is naturally higher than the application site. The design of the building has taken its lead and general window line from the properties to the north but not copying them precisely; the application building has larger window apertures, a single central projecting bay which extends to first floor level but no lower and incorporates Ashlar-scribed masonry on the ground floor. The properties to the rear are 7m from the rear of the application building in terms of directly line of sight but there are no windows within this sight line which are not fitted with obscured glazing. There are bedrooms in the rear elevation which will not have frosted glass but these are not within a direct line of sight of the existing apartments. As such there will be no adverse impact from the proposed development from overlooking or invasion of privacy. Whilst the building projects forward of the established building line of number 15 to the north, the only window affected is one third of the ground floor bay from which an outlook past the new building will still be possible. There is, in any case a limited outlook from any of the properties in Castlemona Avenue due to the proximity and height of the buildings opposite. The development proposes only six apartments so there is no requirement to provide either affordable housing or an energy impact assessment in accordance with Strategic Plan Housing and Energy Policies 5 and 5. Only six parking spaces are proposed with falls short of the 12 spaces required by the Strategic Plan (one per bedroom). However, it must be borne in mind that the existing use generates a significant amount of traffic which cannot and is not accommodated on the site. In addition to the motorcycles displayed for sale and awaiting collection after service which are located in front of the building, there are 4 permanent staff employed on the premises and customers also visit the site, some of whom come by car rather than motorcycle. In addition, the applicant has considered the recent developments in the vicinity and notes that the apartment development to the rear provided 9 apartments with only 13 parking spaces and that the Inspector reporting on that application noted "The restriction in parking provides a constraint in vehicle ownership and consequent use which is an aim of the planning policy". In addition, he notes that the redevelopment of the Central Hotel site on the corner of Broadway, the Promenade and Castlemona Avenue involved 33 apartments with only 39 parking spaces. The site is only physically capable of accommodating the 6 spaces which are shown in the plans and there is provision within the Strategic Plan Appendix 7 to apply the recommended standards with flexibility where the site is close to public transport and to take into account the character and appearance of the surrounding area. In this case, it is clear that flexibility has been applied in the recent past to the redevelopment of other sites in close proximity (albeit these applications were considered before the adoption of the Strategic Plan) and the nature of the present use of the site is also a material consideration in this case. The site is close to the public transport network and within convenient walking distance to the central area for employment on the Island. As such, it is not considered that the provision of only 6 spaces for the 6 apartments should not form a reason for refusing this application. The applicant explains that there are difficulties in providing access for disabled persons within the building and that the Building Regulations do not require a lift within the building. There is, however, a level entrance to the building and a staircase which is suitable for the ambulant disabled. The concerns of the Architectural Liaison Officer could be easily addressed by the installation of gates however, whether these are kept closed or not, something which could be enforced through the planning system. As such, a note recommending that the applicant considers the installation of gates should be applied. Details of such gates should be supplied to and approved by the Planning Authority before any gates are installed. The scheme will result in a more appropriate use within this residential area and a significant improvement in the visual impact of the site. The scheme will probably also result in less traffic and congestion which will benefit the area as a whole. The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The points raised by the Isle of Man Fire and Rescue Service are the responsibility of the Building Regulations and as such this party should not be afforded party status in this instance. The Isle of Man Water Authority and The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such should not be afforded party status in this instance. Environmental Health Inspector represents part of the Department and raises issues which are the responsibility of other legislation and as such should not be afforded party status in this instance. The Architectural Liaison Officer represents the Department of Home Affairs which is a statutory authority and as such should be afforded party status in this instance. In summary therefore, it is considered that the following parties comply with the provisions of planning Circular 1/06 and should be granted Interested Party Stats: Department of Transport Highways Division Douglas Corporation Architectural Liaison Officer Accordingly the following parties should not be granted Interested Party Status: Isle of Man Water Authority Manx Electricity Authority Isle of Man Fire and Rescue Service Environmental Health Officer, Department of Local Government and the Environment ### Recommendation Recommended Decision: Permitted Date of Recommendation: 19.01.2008

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 permission relates to the erection of an apartment block with basement parking all as shown in drawings 01, 579/003 and -004 all received on 21st November, 2007.

C 3. The bathroom windows on the rear elevation must be fitted with frosted glass obscured to Pilkington Level 5 or equivalent which must be retained as such in perpetuity in order to preserve the privacy both of the occupants of these rooms and those in the apartment building to the rear.

C 4. The windows must be sliding sash as described and notwithstanding the provisions of the Town and Country Planning (Permitted Development Order) 2005 may not be replaced without the prior permission of the Planning Authority.

N 1. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

N 2. The applicant is advised to contact the Manx Electricity Authority Planning Department (Tel. 687781), to discuss the electricity supply for this application.

N 3. For connections to Flats and Apartments the following apply - "Water Supply to Flats and Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required. Copies of these documents can be obtained from the Isle of Man Water Authority or alternatively by contacting the Isle of Man Water Authority Byelaws Inspector (Michael Karren on telephone 695957).

N 4. The applicant is advised to consider the installation of security gates to the entrances to the car parking area in order to improve security and deter anti-social behaviour in this area. If gates are to be installed, details of such must be submitted to and approved by the Planning Authority prior to such installation.

Decision Made : ... Committee Meeting Date : ...